What was Tenancy Tribunal case 4832546 about?

The tribunal order states: Waldo De Beer must pay [The landlord/s] $807.55 immediately, calculated as

How much money was awarded in case 4832546?

Filing Fee: $20.44 awarded to landlord; Reconnect Laundry Tub: $55.78 awarded to landlord; Reconnect Stove: $121.90 awarded to landlord; Rent Arrears: $2,311.43 awarded to landlord; install screen door/plaster 2 holes…: $218.00 awarded to landlord

What type of tenancy dispute was case 4832546?

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

Where can I read the official tribunal order for case 4832546?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10628662-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4832546 about?

The tribunal order states: Waldo De Beer must pay [The landlord/s] $807.55 immediately, calculated as

How much money was awarded in case 4832546?

Filing Fee: $20.44 awarded to landlord; Reconnect Laundry Tub: $55.78 awarded to landlord; Reconnect Stove: $121.90 awarded to landlord; Rent Arrears: $2,311.43 awarded to landlord; install screen door/plaster 2 holes…: $218.00 awarded to landlord

What type of tenancy dispute was case 4832546?

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

Where can I read the official tribunal order for case 4832546?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10628662-Tribunal_Order_Redacted.pdf.

5 Anzac Court, Gisborne, Gisborne 4010 Tenancy Tribunal Case 4832546 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4832546 — net $807.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31.1.2024	$2,311.43	Rent arrears to 31.1.2024
Reconnect stove	$121.90	Reconnect stove
Reconnect laundry tub	$55.78	Reconnect laundry tub
Repairs: install screen door/plaster 2 holes in garage walls	$218.00	Repairs: install screen door/plaster 2 holes in garage walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$807.55
Total payable by Tenant to Landlord	$807.55

[The landlord’s representative] attended the hearing on behalf of the landlord. The tenant did not attend the hearing. As the tenant was served, the hearing proceeded in his absence.

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 landlord said the tenants gave notice and the tenancy ended on 31 January 2024. The landlord provided rent records which prove the amount owing to 31 January 2024, which is $2,311.43.

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 landlord said the tenant did not leave the premises reasonably clean and tidy, as the carpet was not vacuumed. The landlord claimed $150.27 for engaging a professional carpet cleaner at the end of the tenancy. No photographs or other evidence was provided as to the condition of the carpet. I find this claim has not been proved and so dismiss this claim.

The landlord said the tenants had disconnected the stove wiring and this had been done with their permission on condition that the tenants have the stove wiring reinstated before they left the tenancy. The landlord said the stove was still disconnected at the end of the tenancy and claimed $121.90, with an invoice provided from an electrician for this. Given the evidence, I find this to be a reasonable cost for reconnecting the stove and order that the tenant is to pay the landlord $121.90 for reconnecting the stove.

The landlord said the tenant also disconnected the laundry tub piping and wiring and the laundry tub had to have new piping and be reconnected after the tenants left. The landlord provided an invoice from a plumber to do this in the amount of $55.78. I find this to be a reasonable cost for this and order the tenant to pay the landlord $55.78 to reconnect the laundry tub.

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 following damage was caused during the tenancy:

The landlord claimed $1,568.26 for replacement of the laundry tub, which was apparently more than 35 years old. An invoice from a plumber was provided in this amount. However, there was no evidence provided at all by the landlord as to how replacement of the laundry tub was connected to any activities by the tenants to show whether the tenants had damaged this during the tenancy. As such, this claim is not proved and is dismissed.

The landlord said the tenant made 2 holes in the garage wall that were discovered at the end of the tenancy. The landlord provided a copy of the ingoing inspection report dated 26 October 2022 showing the garage had been in good condition aside from some scuff marks. The landlord provided photographs of the 2 holes in the wall at the end of the tenancy and of their repair afterwards. I note that, whilst the 2 holes were plastered, they were not painted or wallpapered after being plastered. Given the photographs and evidence, I find this would likely have been in intentional damage on the part of the tenant. As such, the tenant is liable for the full repair cost. The cap in section 49B RTA does not apply here.

The landlord provided an invoice for the repair of the 2 holes in the garage wall and reinstalling the screen door in the amount of $218.00. I find this to be a reasonable cost given the evidence. The tenant is to pay the landlord $218.00 for the plastering of the 2 holes in the garage wall and for reinstalling the screen door.

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

The amounts ordered are proved. Bond

The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately. Filing fee

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

The landlord requested name suppression. As the landlord has been successful with the claim, they are entitled to name suppression. Therefore, I order that the landlord’s name and identifying details are not to be published.

Reasons

Claims and awards in Tenancy Tribunal application 4832546 — net $807.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31.1.2024	$2,311.43	Rent arrears to 31.1.2024
Reconnect stove	$121.90	Reconnect stove
Reconnect laundry tub	$55.78	Reconnect laundry tub
Repairs: install screen door/plaster 2 holes in garage walls	$218.00	Repairs: install screen door/plaster 2 holes in garage walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$807.55
Total payable by Tenant to Landlord	$807.55

[The landlord’s representative] attended the hearing on behalf of the landlord. The tenant did not attend the hearing. As the tenant was served, the hearing proceeded in his absence.

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 landlord said the tenants gave notice and the tenancy ended on 31 January 2024. The landlord provided rent records which prove the amount owing to 31 January 2024, which is $2,311.43.

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

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy:

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

The amounts ordered are proved. Bond

The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) to [The landlord/s] immediately. Filing fee

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

Tenancy Tribunal case 4832546 — Rent arrears at 5 Anzac Court, Gisborne, Gisborne 4010

At a glance

Tenancy Tribunal case 4832546 — Rent arrears at 5 Anzac Court, Gisborne, Gisborne 4010

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