How much money was awarded in case 4824237?

Cleaning: $356.50 awarded to landlord; Cleaning: $3,542.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $776.25 awarded to landlord; Lost Rent: $650.00 awarded to landlord; Property Damage: $1,207.50 awarded to landlord; Rent Arrears: $7,614.29 awarded to landlord; Smoke Alarms: $80.00 awarded to landlord; Rubbish Removal: $1,150.00 awarded to landlord; Storage: $400.00 awarded to landlord

What type of tenancy dispute was case 4824237?

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

Where can I read the official tribunal order for case 4824237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10269036-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4824237?

Cleaning: $356.50 awarded to landlord; Cleaning: $3,542.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $776.25 awarded to landlord; Lost Rent: $650.00 awarded to landlord; Property Damage: $1,207.50 awarded to landlord; Rent Arrears: $7,614.29 awarded to landlord; Smoke Alarms: $80.00 awarded to landlord; Rubbish Removal: $1,150.00 awarded to landlord; Storage: $400.00 awarded to landlord

What type of tenancy dispute was case 4824237?

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

Where can I read the official tribunal order for case 4824237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10269036-Tribunal_Order_Redacted.pdf.

20 Chelwood Street, Takaro, Palmerston North 4412 Tenancy Tribunal Case 4824237 — Rent arrears

Q: What was Tenancy Tribunal case 4824237 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 4824237 — net $15,796.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 March 2024	$7,614.29	Rent arrears to 21 March 2024
Carpet Cleaning	$356.50	Carpet Cleaning
Cleaning	$3,542.00	Cleaning
Lawns and Garden work	$776.25	Lawns and Garden work
Rubbish removal	$1,150.00	Rubbish removal
Repairs	$1,207.50	Repairs
Replace furnishings: smoke alarms	$80.00	Replace furnishings: smoke alarms
Compensation for lost rent	$650.00	Compensation for lost rent
Storage	$400.00	Storage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,796.98
Total payable by Tenant to Landlord	$15,796.98

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

The landlord must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Kelly Ann Adams must pay [The landlord/s] $15,796.98 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears to 21 March 2024$7,614.29 Carpet Cleaning$356.50 Cleaning$3,542.00 Lawns and Garden work$776.25 Rubbish removal$1,150.00 Repairs$1,207.50 Replace furnishings: smoke alarms$80.00 Compensation for lost rent$650.00 Storage$400.00 Filing fee reimbursement$20.44 Total award$15,796.98 Total payable by Tenant to Landlord$15,796.98

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

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

How much is owed for rent?

The tenant gave notice to the landlord on 22 February 2024. The tenancy therefore ended 28 days later on 21 March 2024. The landlord provided rent records 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, 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 landlord provided photographic and video evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appeared as if the tenant had simply taken what she wanted to keep and left everything else. No attempt had been made to clean or tidy up the gardens and lawns.

The landlord gave evidence that it took two weeks to clear the property of the tenant’s rubbish and discarded belongings, and to clean the property so that it could be rented out. In the ordinary course of the business of being a residential landlord, it is usual for there to be a gap of a week between tenancies. It is appropriate in this case that the tenant pay the landlord one week’s rent in compensation.

Two smoke alarms were missing at the end of the tenancy.

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 following damage was caused during the tenancy: a. Two shower doors were broken. This was careless damage. b. A wardrobe door was removed. This was intentional damage. c. A shed door was intentionally 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.

I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord advised that it had been unable to make contact with the tenant since receiving notice of termination from her.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

Because the landlord has had to store the tenant’s possessions until obtaining the Tribunal’s consent to their disposal, it is appropriate to award a sum for storage calculated at $10.00 per day.

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

Claims and awards in Tenancy Tribunal application 4824237 — net $15,796.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 March 2024	$7,614.29	Rent arrears to 21 March 2024
Carpet Cleaning	$356.50	Carpet Cleaning
Cleaning	$3,542.00	Cleaning
Lawns and Garden work	$776.25	Lawns and Garden work
Rubbish removal	$1,150.00	Rubbish removal
Repairs	$1,207.50	Repairs
Replace furnishings: smoke alarms	$80.00	Replace furnishings: smoke alarms
Compensation for lost rent	$650.00	Compensation for lost rent
Storage	$400.00	Storage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,796.98
Total payable by Tenant to Landlord	$15,796.98

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 landlord must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.
Kelly Ann Adams must pay [The landlord/s] $15,796.98 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears to 21 March 2024$7,614.29 Carpet Cleaning$356.50 Cleaning$3,542.00 Lawns and Garden work$776.25 Rubbish removal$1,150.00 Repairs$1,207.50 Replace furnishings: smoke alarms$80.00 Compensation for lost rent$650.00 Storage$400.00 Filing fee reimbursement$20.44 Total award$15,796.98 Total payable by Tenant to Landlord$15,796.98

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenant gave notice to the landlord on 22 February 2024. The tenancy therefore ended 28 days later on 21 March 2024. The landlord provided rent records 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, 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 landlord provided photographic and video evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appeared as if the tenant had simply taken what she wanted to keep and left everything else. No attempt had been made to clean or tidy up the gardens and lawns.
The landlord gave evidence that it took two weeks to clear the property of the tenant’s rubbish and discarded belongings, and to clean the property so that it could be rented out. In the ordinary course of the business of being a residential landlord, it is usual for there to be a gap of a week between tenancies. It is appropriate in this case that the tenant pay the landlord one week’s rent in compensation.
Two smoke alarms were missing at the end of the tenancy.
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 following damage was caused during the tenancy: a. Two shower doors were broken. This was careless damage. b. A wardrobe door was removed. This was intentional damage. c. A shed door was intentionally 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.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord advised that it had been unable to make contact with the tenant since receiving notice of termination from her.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
Because the landlord has had to store the tenant’s possessions until obtaining the Tribunal’s consent to their disposal, it is appropriate to award a sum for storage calculated at $10.00 per day.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4824237 — Rent arrears at 20 Chelwood Street, Takaro, Palmerston North 4412

At a glance

Tenancy Tribunal case 4824237 — Rent arrears at 20 Chelwood Street, Takaro, Palmerston North 4412

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