What was Tenancy Tribunal case 4821979 about?

The tribunal order states: Lake Dent must pay [The landlord/s] $4,013.57 immediately, calculated as

How much money was awarded in case 4821979?

Cleaning: $130.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Material For Tap & Oven Knob: $250.72 awarded to landlord; Property Damage: $1,033.13 awarded to landlord; Rent Arrears: $2,809.28 awarded to landlord

What type of tenancy dispute was case 4821979?

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

Where can I read the official tribunal order for case 4821979?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10605802-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4821979 about?

The tribunal order states: Lake Dent must pay [The landlord/s] $4,013.57 immediately, calculated as

How much money was awarded in case 4821979?

Cleaning: $130.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Material For Tap & Oven Knob: $250.72 awarded to landlord; Property Damage: $1,033.13 awarded to landlord; Rent Arrears: $2,809.28 awarded to landlord

What type of tenancy dispute was case 4821979?

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

Where can I read the official tribunal order for case 4821979?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10605802-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4821979 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4821979 — net $4,013.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/1/2024	$2,809.28	Rent arrears to 19/1/2024
Cleaning	$500.00	Cleaning
Carpet Cleaning	$130.00	Carpet Cleaning
Replacement Hand Basin	$1,033.13	Replacement Hand Basin
Material for tap & oven knob	$250.72	Material for tap & oven knob
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,013.57
Total payable by Tenant to Landlord	$4,013.57

The landlord attended the hearing.

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 was for a fixed term to 19/1/2024 and the landlord sought arrears of $4,380.00 to that date.

However, the evidence supports that the landlord became aware on or before 19/1/2024 that the tenant had abandoned the premises but failed to obtain a termination order.

Rather, the landlord re-entered into possession of the premises and undertook cleaning and repairs.

The claim for rent arrears to the end of the fixed term fails. Instead rent arears to 19/1/2024 have been awarded.

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 landlord claimed compensation as follows: a. $722.50 for cleaning b. $130.00 for carpet cleaning

In support of the claim the landlord provided invoices.

Unfortunately, the final inspection report and photographs dated 19/1/2024 were not made available to the Tribunal.

I am persuaded, just, that the tenant did not leave the premises reasonably clean and tidy on vacation.

The amount claimed for cleaning has been reduced as I consider the amount claimed, in the absence of supporting evidence, is not reasonable.

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.

The landlord claimed compensation as follows: a. $629.17 plumbing costs for replacement of handbasin b. $403.96 costs of the handbasin c. $35.00 costs of a replacement oven knob d. $215.72 costs for replacement tap.

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.

The landlord suggested the damage was careless but was unable to provide insurance details.

I am satisfied that damage was caused during the tenancy to a handbasin, tap and oven knob and the damage is more than fair wear and tear.

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

Suppression is granted pursuant to section 95A as the landlord has been largely successful with the claims.

Claims and awards in Tenancy Tribunal application 4821979 — net $4,013.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/1/2024	$2,809.28	Rent arrears to 19/1/2024
Cleaning	$500.00	Cleaning
Carpet Cleaning	$130.00	Carpet Cleaning
Replacement Hand Basin	$1,033.13	Replacement Hand Basin
Material for tap & oven knob	$250.72	Material for tap & oven knob
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,013.57
Total payable by Tenant to Landlord	$4,013.57

Order

Lake Dent must pay [The landlord/s] $4,013.57 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $730.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
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 was for a fixed term to 19/1/2024 and the landlord sought arrears of $4,380.00 to that date.
However, the evidence supports that the landlord became aware on or before 19/1/2024 that the tenant had abandoned the premises but failed to obtain a termination order.
Rather, the landlord re-entered into possession of the premises and undertook cleaning and repairs.
The claim for rent arrears to the end of the fixed term fails. Instead rent arears to 19/1/2024 have been awarded.

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 landlord claimed compensation as follows: a. $722.50 for cleaning b. $130.00 for carpet cleaning
In support of the claim the landlord provided invoices.
Unfortunately, the final inspection report and photographs dated 19/1/2024 were not made available to the Tribunal.
I am persuaded, just, that the tenant did not leave the premises reasonably clean and tidy on vacation.
The amount claimed for cleaning has been reduced as I consider the amount claimed, in the absence of supporting evidence, is not reasonable.

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.
The landlord claimed compensation as follows: a. $629.17 plumbing costs for replacement of handbasin b. $403.96 costs of the handbasin c. $35.00 costs of a replacement oven knob d. $215.72 costs for replacement tap.
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.
The landlord suggested the damage was careless but was unable to provide insurance details.
I am satisfied that damage was caused during the tenancy to a handbasin, tap and oven knob and the damage is more than fair wear and tear.
As [The applicant/s] has wholly succeeded with the claim I must award the filing fee.
Suppression is granted pursuant to section 95A as the landlord has been largely successful with the claims.

Tenancy Tribunal case 4821979 — Rent arrears

At a glance

Tenancy Tribunal case 4821979 — Rent arrears

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

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

Frequently asked questions