How much money was awarded in case 4821479?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $60.00 awarded to landlord; Rent Arrears: $1,262.86 awarded to landlord; Doors: $225.00 awarded to landlord; Rubbish Removal: $380.00 awarded to landlord; Water Rates: $1,512.63 awarded to landlord; Property Damage: $295.55 awarded to landlord

What type of tenancy dispute was case 4821479?

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

Where can I read the official tribunal order for case 4821479?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10926459-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4821479?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $60.00 awarded to landlord; Rent Arrears: $1,262.86 awarded to landlord; Doors: $225.00 awarded to landlord; Rubbish Removal: $380.00 awarded to landlord; Water Rates: $1,512.63 awarded to landlord; Property Damage: $295.55 awarded to landlord

What type of tenancy dispute was case 4821479?

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

Where can I read the official tribunal order for case 4821479?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10926459-Tribunal_Order_Redacted.pdf.

6 Holben Parade, Foxton Beach, Foxton 4815 Tenancy Tribunal Case 4821479 — Rent arrears

Q: What was Tenancy Tribunal case 4821479 about?

The tribunal order states: An application for suppression has been made in this case and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4821479 — net $2,426.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,262.86	Rent arrears
Cleaning	$150.00	Cleaning
Rubbish removal: and further cleaning	$380.00	Rubbish removal: and further cleaning
Repairs: doors	$225.00	Repairs: doors
Window repairs: ranch slider	$295.55	Window repairs: ranch slider
Lock/key replacement	$60.00	Lock/key replacement
Water rates	$1,512.63	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,426.48
Total payable by Tenant to Landlord	$2,426.48

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.

The tenant must pay the landlord $2,426.48 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,262.86 Cleaning$150.00 Rubbish removal: and further cleaning$380.00 Repairs: doors$225.00 Window repairs: ranch slider$295.55 Lock/key replacement$60.00 Water rates$1,512.63 Filing fee reimbursement$20.44 Total award$3,906.48 Bond$1,480.00 Total payable by Tenant to Landlord$2,426.48

Reasons

The landlord attended the hearing.

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

How much is owed for rent and water rates?

The tenants both signed a fixed term tenancy ending on 26 January 2024. The tenants asked to be released from the fixed term tenancy. The landlord agreed that once a new tenancy was secured, the fixed term tenancy would be ended.

The landlord provided evidence that a new tenancy was entered into starting on 30 August 2023. The tenancy therefore ended on 29 August 2023 and the tenant is liable for rent to that date.

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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, and return all keys. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace standard light bulbs.

The new tenant of the property gave evidence by telephone regarding the state of the property once the tenant had left. That evidence supports the landlord’s evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence is that the tenant took what they wanted and left everything else without making any attempt to clean the property.

The tenant did not return the keys.

The landlord had to replace light bulbs and smoke alarms.

The amounts ordered are proved.

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 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 and the new tenant gave evidence that one bedroom door was damaged beyond repair and another door had been removed from its hinges. From the extent and nature of the damage it was caused intentionally. A ranch slider was also carelessly damaged.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4821479 — net $2,426.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,262.86	Rent arrears
Cleaning	$150.00	Cleaning
Rubbish removal: and further cleaning	$380.00	Rubbish removal: and further cleaning
Repairs: doors	$225.00	Repairs: doors
Window repairs: ranch slider	$295.55	Window repairs: ranch slider
Lock/key replacement	$60.00	Lock/key replacement
Water rates	$1,512.63	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,426.48
Total payable by Tenant to Landlord	$2,426.48

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenant must pay the landlord $2,426.48 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,262.86 Cleaning$150.00 Rubbish removal: and further cleaning$380.00 Repairs: doors$225.00 Window repairs: ranch slider$295.55 Lock/key replacement$60.00 Water rates$1,512.63 Filing fee reimbursement$20.44 Total award$3,906.48 Bond$1,480.00 Total payable by Tenant to Landlord$2,426.48

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears, water rates, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenants both signed a fixed term tenancy ending on 26 January 2024. The tenants asked to be released from the fixed term tenancy. The landlord agreed that once a new tenancy was secured, the fixed term tenancy would be ended.
The landlord provided evidence that a new tenancy was entered into starting on 30 August 2023. The tenancy therefore ended on 29 August 2023 and the tenant is liable for rent to that date.
The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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, and return all keys. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace standard light bulbs.
The new tenant of the property gave evidence by telephone regarding the state of the property once the tenant had left. That evidence supports the landlord’s evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence is that the tenant took what they wanted and left everything else without making any attempt to clean the property.
The tenant did not return the keys.
The landlord had to replace light bulbs and smoke alarms.
The amounts ordered are proved.

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 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 and the new tenant gave evidence that one bedroom door was damaged beyond repair and another door had been removed from its hinges. From the extent and nature of the damage it was caused intentionally. A ranch slider was also carelessly damaged.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4821479 — Rent arrears at 6 Holben Parade, Foxton Beach, Foxton 4815

At a glance

Tenancy Tribunal case 4821479 — Rent arrears at 6 Holben Parade, Foxton Beach, Foxton 4815

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Frequently asked questions