What was Tenancy Tribunal case 4822658 about?

The tribunal order states: Corrie David Lane must pay [The landlord/s] $2,417.26 immediately, calculated

How much money was awarded in case 4822658?

Cleaning: $480.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $38.00 awarded to landlord; Rent Arrears: $1,700.00 awarded to landlord; Lounge Window Glass: $135.00 awarded to landlord; Rubbish Removal: $1,740.00 awarded to landlord; Water Rates: $278.82 awarded to landlord

What type of tenancy dispute was case 4822658?

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

Where can I read the official tribunal order for case 4822658?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11156291-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4822658 about?

The tribunal order states: Corrie David Lane must pay [The landlord/s] $2,417.26 immediately, calculated

How much money was awarded in case 4822658?

Cleaning: $480.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $38.00 awarded to landlord; Rent Arrears: $1,700.00 awarded to landlord; Lounge Window Glass: $135.00 awarded to landlord; Rubbish Removal: $1,740.00 awarded to landlord; Water Rates: $278.82 awarded to landlord

What type of tenancy dispute was case 4822658?

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

Where can I read the official tribunal order for case 4822658?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11156291-Tribunal_Order_Redacted.pdf.

12 Greville Road, Pinehill, Auckland 0632 Tenancy Tribunal Case 4822658 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4822658 — net $1,592.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 November 2023	$1,700.00	Rent arrears to 26 November 2023
Water rates	$278.82	Water rates
Cleaning	$480.00	Cleaning
Light bulbs/batteries	$38.00	Light bulbs/batteries
Rubbish removal	$1,740.00	Rubbish removal
Repairs: Lounge window glass	$135.00	Repairs: Lounge window glass
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,592.26
Total payable by Tenant to Landlord	$1,592.26

Corrie David Lane must pay [The landlord/s] $2,417.26 immediately, calculated as shown in the table below:

The Bond Centre has already paid the Bond to the landlord. For this reason, while the Bond is referred to in the table above, there is no order for the Bond Centre to pay the Bond to the landlord.

The landlord’s claims for replacement curtains and work in the garden are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.

On 10 July 2024, this Tribunal issued an Order that the tenant be served the Notice of Hearing for this hearing personally. I am satisfied that has occurred. The tenant has not communicated with the Tribunal as to why the tenant would not attend the hearing and the hearing proceeded in the tenant’s absence.

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

How much is owed for rent and water rates?

The tenancy ended on 26 November 2023. The landlord provided rent records in the form of a rent ledger 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?

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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. Section 40(1)(ca) of the RTA provides that the tenant is required to replace worn out smoke alarm batteries during the tenancy. 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 and did not replace all light bulbs.

The amounts for cleaning, rubbish removal and replacement of light bulbs are proved. The sums awarded are inclusive of GST.

The landlord has also claimed for work to the garden. While the landlord has provided photographs showing that at the end of the tenancy, the gardens required work, there were no pre-tenancy photographs showing the garden at the start of the tenancy. The claim for work in the garden is dismissed.

Is the tenant responsible for the damage to the premises?

Sections 40(2)(a), 41 and 49B of the RTA provide that 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.

Section 49B(3)(a) of the RTA provides that 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).

Section 49B(3)(b) of the RTA provides that 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). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.

Section 49B(1) of the RTA provides that 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. Section 49B(1) of the RTA provides that tenants

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 asserts that the following damage was caused during the tenancy: broken lounge window glass and the curtains were removed. I am satisfied that the damage to the lounge window occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered to replace the glass in the lounge window is proved. The amount ordered is inclusive of GST.

The landlord did not provide a pre-tenancy inspection report. Photographs taken at the start of the tenancy, shortly after the tenant moved in, were provided. At least one photograph taken at the start of the tenancy shows damage to at least one set of curtains. I cannot clearly see the remainder of the curtains. I am not satisfied that the damage to the curtains occurred during the tenancy. This claim is dismissed.

[The applicant/s] has substantially succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee and granted suppression of the landlord’s name.

Claims and awards in Tenancy Tribunal application 4822658 — net $1,592.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 November 2023	$1,700.00	Rent arrears to 26 November 2023
Water rates	$278.82	Water rates
Cleaning	$480.00	Cleaning
Light bulbs/batteries	$38.00	Light bulbs/batteries
Rubbish removal	$1,740.00	Rubbish removal
Repairs: Lounge window glass	$135.00	Repairs: Lounge window glass
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,592.26
Total payable by Tenant to Landlord	$1,592.26

Order

Corrie David Lane must pay [The landlord/s] $2,417.26 immediately, calculated as shown in the table below:
The Bond Centre has already paid the Bond to the landlord. For this reason, while the Bond is referred to in the table above, there is no order for the Bond Centre to pay the Bond to the landlord.
The landlord’s claims for replacement curtains and work in the garden are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
On 10 July 2024, this Tribunal issued an Order that the tenant be served the Notice of Hearing for this hearing personally. I am satisfied that has occurred. The tenant has not communicated with the Tribunal as to why the tenant would not attend the hearing and the hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 26 November 2023. The landlord provided rent records in the form of a rent ledger 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?

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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. Section 40(1)(ca) of the RTA provides that the tenant is required to replace worn out smoke alarm batteries during the tenancy. 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 and did not replace all light bulbs.
The amounts for cleaning, rubbish removal and replacement of light bulbs are proved. The sums awarded are inclusive of GST.
The landlord has also claimed for work to the garden. While the landlord has provided photographs showing that at the end of the tenancy, the gardens required work, there were no pre-tenancy photographs showing the garden at the start of the tenancy. The claim for work in the garden is dismissed.

Is the tenant responsible for the damage to the premises?

Sections 40(2)(a), 41 and 49B of the RTA provide that 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.
Section 49B(3)(a) of the RTA provides that 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).
Section 49B(3)(b) of the RTA provides that 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). Section 49B(3A)(a) of the RTA provides that where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
Section 49B(1) of the RTA provides that 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. Section 49B(1) of the RTA provides that tenants
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 asserts that the following damage was caused during the tenancy: broken lounge window glass and the curtains were removed. I am satisfied that the damage to the lounge window occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered to replace the glass in the lounge window is proved. The amount ordered is inclusive of GST.
The landlord did not provide a pre-tenancy inspection report. Photographs taken at the start of the tenancy, shortly after the tenant moved in, were provided. At least one photograph taken at the start of the tenancy shows damage to at least one set of curtains. I cannot clearly see the remainder of the curtains. I am not satisfied that the damage to the curtains occurred during the tenancy. This claim is dismissed.
[The applicant/s] has substantially succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee and granted suppression of the landlord’s name.

Tenancy Tribunal case 4822658 — Rent arrears at 12 Greville Road, Pinehill, Auckland 0632

At a glance

Tenancy Tribunal case 4822658 — Rent arrears at 12 Greville Road, Pinehill, Auckland 0632

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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