What was Tenancy Tribunal case 4840180 about?

The tribunal order states: Richard Joe Adam Craven must pay [The landlord/s] $2,656.19 immediately,

How much money was awarded in case 4840180?

Cleaning: $380.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Keys Cut: $22.00 awarded to landlord; Lawn Mowing: $100.00 awarded to landlord; Rent Arrears: $768.57 awarded to landlord; Replace Alarm System: $276.00 awarded to landlord; Rubbish Removal: $857.00 awarded to landlord; Smoke Alarms: $40.00 awarded to landlord; Water Rates: $192.18 awarded to landlord

What type of tenancy dispute was case 4840180?

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

Where can I read the official tribunal order for case 4840180?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10520959-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4840180 about?

The tribunal order states: Richard Joe Adam Craven must pay [The landlord/s] $2,656.19 immediately,

How much money was awarded in case 4840180?

Cleaning: $380.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Keys Cut: $22.00 awarded to landlord; Lawn Mowing: $100.00 awarded to landlord; Rent Arrears: $768.57 awarded to landlord; Replace Alarm System: $276.00 awarded to landlord; Rubbish Removal: $857.00 awarded to landlord; Smoke Alarms: $40.00 awarded to landlord; Water Rates: $192.18 awarded to landlord

What type of tenancy dispute was case 4840180?

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

Where can I read the official tribunal order for case 4840180?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10520959-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4840180 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4840180 — net $2,656.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 January 2024	$768.57	Rent arrears to 7 January 2024
Water rates	$192.18	Water rates
Replace alarm system	$276.00	Replace alarm system
Cleaning	$380.00	Cleaning
Lawn mowing	$100.00	Lawn mowing
Keys cut	$22.00	Keys cut
Missing smoke alarm	$40.00	Missing smoke alarm
Rubbish Removal & repair wall damage	$857.00	Rubbish Removal & repair wall damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,656.19
Total payable by Tenant to Landlord	$2,656.19

The landlord attended the hearing which was held on 1 July 2024.

The Tribunal was unable to contact the tenant on the number provided in the application. Notice

Section 91A(2) of the Residential Tenancies Act 1986 ("RTA") provides that if a landlord files an application more than two months after the termination of the tenancy, any notice required to be served on the tenant must be served either personally; or by posting to a contact address that the tenant has supplied to the landlord in writing within the two months before the application; or by delivering it to a place where the tenant now lives and giving it to any person appearing to be at least 16 years old who appears to be residing at that address and who confirms that the tenant resides there; or by giving it to any solicitor or agent of the tenant duly authorised by the tenant to receive service on his or her behalf.

Section 91B RTA provides that if a notice is not served in accordance with the Act, the Tribunal may nevertheless hear and determine the matter if it is satisfied that all reasonable efforts have been made to serve the party as required by the Act and the failure to serve as required is not due to any fault or unreasonable delay by the applicant. This application was filed by the landlord more than 2 months after the tenancy ended and section 91A(2) therefore applies. Service as required by that section has not been effected. However, I am applying section 91B and I am hearing the matter today because I am satisfied that all reasonable efforts have been made to serve the tenant and the failure to serve is not due to any fault by the landlord. I say this because the evidence shows the landlord has been in contact with the tenant at various times since the tenancy has ended in an attempt to resolve outstanding issues without bringing an application to the Tribunal. The landlord’s claims

The landlord has applied for rent arrears, water rates, compensation, 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 17 January 2024. The landlord provided rent records and a water ledger which prove the amounts 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 landlord proved on the evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys.

The smoke alarm was missing at the end of the tenancy and had to be replaced by the landlord.

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.

The following damage was caused during the tenancy: the keypad and the internal siren cables of the alarm system were broken and there were holes in the walls throughout the property. 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 taken into account 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. I do not consider depreciation applies.

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Claims and awards in Tenancy Tribunal application 4840180 — net $2,656.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 January 2024	$768.57	Rent arrears to 7 January 2024
Water rates	$192.18	Water rates
Replace alarm system	$276.00	Replace alarm system
Cleaning	$380.00	Cleaning
Lawn mowing	$100.00	Lawn mowing
Keys cut	$22.00	Keys cut
Missing smoke alarm	$40.00	Missing smoke alarm
Rubbish Removal & repair wall damage	$857.00	Rubbish Removal & repair wall damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,656.19
Total payable by Tenant to Landlord	$2,656.19

Order

Richard Joe Adam Craven must pay [The landlord/s] $2,656.19 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing which was held on 1 July 2024.
The Tribunal was unable to contact the tenant on the number provided in the application. Notice
Section 91A(2) of the Residential Tenancies Act 1986 ("RTA") provides that if a landlord files an application more than two months after the termination of the tenancy, any notice required to be served on the tenant must be served either personally; or by posting to a contact address that the tenant has supplied to the landlord in writing within the two months before the application; or by delivering it to a place where the tenant now lives and giving it to any person appearing to be at least 16 years old who appears to be residing at that address and who confirms that the tenant resides there; or by giving it to any solicitor or agent of the tenant duly authorised by the tenant to receive service on his or her behalf.
Section 91B RTA provides that if a notice is not served in accordance with the Act, the Tribunal may nevertheless hear and determine the matter if it is satisfied that all reasonable efforts have been made to serve the party as required by the Act and the failure to serve as required is not due to any fault or unreasonable delay by the applicant. This application was filed by the landlord more than 2 months after the tenancy ended and section 91A(2) therefore applies. Service as required by that section has not been effected. However, I am applying section 91B and I am hearing the matter today because I am satisfied that all reasonable efforts have been made to serve the tenant and the failure to serve is not due to any fault by the landlord. I say this because the evidence shows the landlord has been in contact with the tenant at various times since the tenancy has ended in an attempt to resolve outstanding issues without bringing an application to the Tribunal. The landlord’s claims
The landlord has applied for rent arrears, water rates, compensation, 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 17 January 2024. The landlord provided rent records and a water ledger which prove the amounts 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 landlord proved on the evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys.
The smoke alarm was missing at the end of the tenancy and had to be replaced by the landlord.
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.
The following damage was caused during the tenancy: the keypad and the internal siren cables of the alarm system were broken and there were holes in the walls throughout the property. 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 taken into account 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. I do not consider depreciation applies.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 4840180 — Rent arrears

At a glance

Tenancy Tribunal case 4840180 — Rent arrears

At a glance

Award balance

Claims & awards

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

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