What was Tenancy Tribunal case 4821300 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Progressive Realty

How much money was awarded in case 4821300?

Cleaning: $570.07 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $59.00 awarded to landlord; Rent Arrears: $2,900.00 awarded to landlord; Rubbish Removal: $929.46 awarded to landlord; Rubbish Removal: $670.00 awarded to landlord; Property Damage: $494.14 awarded to landlord

What type of tenancy dispute was case 4821300?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4821300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10491357-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4821300 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Progressive Realty

How much money was awarded in case 4821300?

Cleaning: $570.07 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $59.00 awarded to landlord; Rent Arrears: $2,900.00 awarded to landlord; Rubbish Removal: $929.46 awarded to landlord; Rubbish Removal: $670.00 awarded to landlord; Property Damage: $494.14 awarded to landlord

What type of tenancy dispute was case 4821300?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4821300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10491357-Tenancy_Tribunal_Order.pdf.

48 Blackwater Street, Bluff, Bluff 9814 Tenancy Tribunal Case 4821300 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4821300 — net $4,243.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,900.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Heat pump remote replacement	$59.00	Heat pump remote replacement
Window repairs: Sliding door glass replacement	$494.14	Window repairs: Sliding door glass replacement
Carpet Cleaning	$570.07	Carpet Cleaning
Rubbish removal and curtain replacement	$929.46	Rubbish removal and curtain replacement
Rubbish removal: Skip bin hire	$670.00	Rubbish removal: Skip bin hire
Net award	$4,243.11
Total payable by Tenant to Landlord	$4,243.11

The landlord attended the hearing. There was no appearance by the tenants. The hearing proceeded in their absence.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 13 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the amount claimed is owed by the tenants.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord claims that the tenants did not leave the premises, including the carpet, in a reasonably clean and tidy condition. The landlord had to have the house and carpet professionally cleaned. The tenants also left behind a significant amount of furniture and personal belongings. The landlord was forced to hire two skip bins to remove the tenants’ property. I have also sighted entry and exit photographic evidence and expense receipts in support of the landlord’s claims.

The exit inspection was undertaken on 13 February 2024. The following chattels were missing at the end of the tenancy: heat pump remote control and curtains. The landlord provided a receipt from Harvey Norman for a replacement heat pump remote. I have also sighted the entry and exit photographs in support the claim for curtain replacement and the heat pump remote control.

I am satisfied on the evidence presented that the tenants’ have breached their obligations in this regard.

The amounts ordered are proved.

The invoice from Invercargill Glass and Mirror is reduced from $629.35 to $494.14. There is no evidence provided with the application which confirms the tenants did not return the keys. The claim for lock barrel replacement is therefore refused. The claim for roller wheel replacement is also refused as this is a maintenance cost for the landlord.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

The landlord claims that the tenants damaged the sliding door glass which had to be replaced. I have sighted entry and exit photographs in support along with a photograph of the cracked glass. I have also sighted an invoice from Invercargill Glass and Mirror in support of this claim. As recorded above the amounts relating to lock barrel change and roller wheels are refused and removed.

The amount ordered is proved.

During the hearing the landlord provided a further claim from Amtec Electrical in respect of a cracked stove top element. This was not included with the landlord’s application. It was also not detected until the new entry inspection in late March/early April 2024.

The claim in respect of the stove top element is dismissed.

Because Progressive Realty Group Limited As Agent Richard Bull has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4821300 — net $4,243.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,900.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Heat pump remote replacement	$59.00	Heat pump remote replacement
Window repairs: Sliding door glass replacement	$494.14	Window repairs: Sliding door glass replacement
Carpet Cleaning	$570.07	Carpet Cleaning
Rubbish removal and curtain replacement	$929.46	Rubbish removal and curtain replacement
Rubbish removal: Skip bin hire	$670.00	Rubbish removal: Skip bin hire
Net award	$4,243.11
Total payable by Tenant to Landlord	$4,243.11

Order

[The tenant/s] and [The tenant/s] must pay Progressive Realty Group Limited As Agent Richard Bull $4,243.11 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,400.00 (3342217-006) to Progressive Realty Group Limited As Agent Richard Bull immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenants. The hearing proceeded in their absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 13 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the landlord’s rent ledger I am satisfied that the amount claimed is owed by the tenants.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord claims that the tenants did not leave the premises, including the carpet, in a reasonably clean and tidy condition. The landlord had to have the house and carpet professionally cleaned. The tenants also left behind a significant amount of furniture and personal belongings. The landlord was forced to hire two skip bins to remove the tenants’ property. I have also sighted entry and exit photographic evidence and expense receipts in support of the landlord’s claims.
The exit inspection was undertaken on 13 February 2024. The following chattels were missing at the end of the tenancy: heat pump remote control and curtains. The landlord provided a receipt from Harvey Norman for a replacement heat pump remote. I have also sighted the entry and exit photographs in support the claim for curtain replacement and the heat pump remote control.
I am satisfied on the evidence presented that the tenants’ have breached their obligations in this regard.
The amounts ordered are proved.
The invoice from Invercargill Glass and Mirror is reduced from $629.35 to $494.14. There is no evidence provided with the application which confirms the tenants did not return the keys. The claim for lock barrel replacement is therefore refused. The claim for roller wheel replacement is also refused as this is a maintenance cost for the landlord.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The landlord claims that the tenants damaged the sliding door glass which had to be replaced. I have sighted entry and exit photographs in support along with a photograph of the cracked glass. I have also sighted an invoice from Invercargill Glass and Mirror in support of this claim. As recorded above the amounts relating to lock barrel change and roller wheels are refused and removed.
The amount ordered is proved.
During the hearing the landlord provided a further claim from Amtec Electrical in respect of a cracked stove top element. This was not included with the landlord’s application. It was also not detected until the new entry inspection in late March/early April 2024.
The claim in respect of the stove top element is dismissed.
Because Progressive Realty Group Limited As Agent Richard Bull has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4821300 — Rent arrears at 48 Blackwater Street, Bluff, Bluff 9814

At a glance

Tenancy Tribunal case 4821300 — Rent arrears at 48 Blackwater Street, Bluff, Bluff 9814

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions