What was Tenancy Tribunal case 4827897 about?

The tribunal order states: [The tenant] to pay [the landlord] $2,190.00 from the bond, calculated as shown

How much money was awarded in case 4827897?

Compensation: (rent rebate for elect…: $1,350.00 awarded to tenant; Invoice Due To Entry Condition: $740.00 awarded to landlord; Rent Arrears: $2,540.00 awarded to landlord; Rubbish Removal: $140.00 awarded to landlord; Smoke Alarms: $120.00 awarded to landlord

What type of tenancy dispute was case 4827897?

The primary dispute was Rent arrears. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4827897?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10183258-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4827897 about?

The tribunal order states: [The tenant] to pay [the landlord] $2,190.00 from the bond, calculated as shown

How much money was awarded in case 4827897?

Compensation: (rent rebate for elect…: $1,350.00 awarded to tenant; Invoice Due To Entry Condition: $740.00 awarded to landlord; Rent Arrears: $2,540.00 awarded to landlord; Rubbish Removal: $140.00 awarded to landlord; Smoke Alarms: $120.00 awarded to landlord

What type of tenancy dispute was case 4827897?

The primary dispute was Rent arrears. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4827897?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10183258-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4827897 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4827897 — net $2,190.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (to 26 June 2023	$2,540.00		Rent arrears (to 26 June 2023
invoice due to entry condition	$740.00		invoice due to entry condition
Smoke alarm x1	$120.00		Smoke alarm x1
Rubbish removal	$140.00		Rubbish removal
Compensation: (rent rebate for electric garage door not		$1,350.00	(rent rebate for electric garage door not
Total award	$3,540.00	$1,350.00
Net award	$2,190.00
Bond	$2,800.00
Total payable by Tenant to Landlord	$2,190.00

Both parties 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.

The tenant made a cross application for compensation for failure to maintain, unlawful entry and reimbursement of the filing fee,

How much is owed for rent?

The tenancy ended on 26 June 2023, the date the tenant handed back the key and gave the landlord vacant possession. 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 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 as she had experienced the death of her partner and was in grief at the time. It was noted that the house was not in a reasonably clean and tidy state at the commencement of the tenancy, so I have deducted $200.00 from the cleaning invoice as the tenant should not be held responsible for the full clean when she has provided photographic evidence that the inside of the cupboards were dirty, there were numerous stains on the carpet, some that looked fresh in her bedroom and the walls and ceilings and window frames were all dirty and had mould present.

A smoke alarm from the hallway was missing at the end of the tenancy.

There was a small amount of rubbish left that the tenant was going back to collect. She was unaware that she could no longer access the house after giving back the keys and vacant possession. She was in very fresh grief having just lost her partner and the father of her three children 2 days prior.

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 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 tenant disproved liability for replacing the carpet as she proved the previous tenant had a dog that was kept inside, the carpet was around 5 to 6 years old and the entry photographs she had taken on 23 August 2022 show it was in bad condition when her tenancy commenced. Paying to have the carpets cleaned discharges her liability for food and mud stains. I cannot conclusively find on the evidence before me today, the damage to the carpet and underlay was from the tenant’s dog and not the dog she proved had been kept inside the house by the prior tenant.

The tenant also disproved liability for the holes in the walls. She produced photographic evidence that showed these holes were present on the date her tenancy commenced and while she accepted her children may have made the holes slightly worse, they were still in need of repair prior to that. The property manager accepted that the tenant was not responsible for this damage and withdrew the claim during the hearing.

The tenant also disproved liability for the broken tiles and damage to the floor and removal of the carpet. The entry and exit inspection reports show that the tenant did not cause this damage intentionally or carelessly and the property manager accepted she was not liable for this damage and withdrew these claims during the hearing. Failure to maintain

[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.

Under section 45, a landlord must provide the premises in a reasonable state of cleanliness and provide and maintain the premises in a reasonable state of repair.

Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.

The tenant did not make a claim for exemplary damages. She made a claim for compensation.

The tenant provided text message evidence the shows the garage door was broken when her tenancy commenced and could not be opened electronically. The landlord proved that the garage door was repaired on 24 August 2022, 2 days after the start of the tenancy.

The tenant also provided multiple text messages from 19 December 2022 to 20 May 2023 where she has raised concerns about the garage door not being able to be opened and closed electronically and her concerns that while she could open and close it manually it was a security risk as anyone else could also open it manually and enter the house via the internal access door in the garage.

The property manager accepted that the door had not been able to be accessed electronically and he was aware that the tenant had to open and close it manually for most of the tenancy. After the initial fix, the power point in the garage was replaced but nothing else done to remedy the faulty garage door.

I am satisfied that the landlord did not meet its s45(1)(b) of the RTA obligations to provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes. I find that the tenant suffered inconvenience, the stress of her inability to fully secure the property and a loss of amenity because she could not readily and easily access the garage using the electric door. I award he a $50 per week rebate for 27 weeks from 19 December 2022 (the first text messages proving she had raised the issue again with the property manager) to 26 June 2023 (her last day of the tenancy when the issue had still not been resolved). Reimbursement of filing fee.

Because both parties were substantially successful in their claims, the two application fees cancel each other out. Therefore, I have not awarded the filing fee to either party. These costs lay where they fall.

Reasons

Claims and awards in Tenancy Tribunal application 4827897 — net $2,190.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears (to 26 June 2023	$2,540.00		Rent arrears (to 26 June 2023
invoice due to entry condition	$740.00		invoice due to entry condition
Smoke alarm x1	$120.00		Smoke alarm x1
Rubbish removal	$140.00		Rubbish removal
Compensation: (rent rebate for electric garage door not		$1,350.00	(rent rebate for electric garage door not
Total award	$3,540.00	$1,350.00
Net award	$2,190.00
Bond	$2,800.00
Total payable by Tenant to Landlord	$2,190.00

Both parties 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.

The tenant made a cross application for compensation for failure to maintain, unlawful entry and reimbursement of the filing fee,

How much is owed for rent?

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

A smoke alarm from the hallway was missing at the end of the tenancy.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

[The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.

Under section 45, a landlord must provide the premises in a reasonable state of cleanliness and provide and maintain the premises in a reasonable state of repair.

Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.

The tenant did not make a claim for exemplary damages. She made a claim for compensation.

Tenancy Tribunal case 4827897 — Rent arrears

At a glance

Tenancy Tribunal case 4827897 — 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