What was Tenancy Tribunal case 4840741 about?

The tribunal order states: Ned Teepa must pay [The landlord/s] $6,874.75 immediately, calculated as

How much money was awarded in case 4840741?

Cleaning: $480.00 awarded to landlord; Lawns and Garden Work: $660.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rent Arrears: $4,234.75 awarded to landlord

What type of tenancy dispute was case 4840741?

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

Where can I read the official tribunal order for case 4840741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10305318-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4840741 about?

The tribunal order states: Ned Teepa must pay [The landlord/s] $6,874.75 immediately, calculated as

How much money was awarded in case 4840741?

Cleaning: $480.00 awarded to landlord; Lawns and Garden Work: $660.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rent Arrears: $4,234.75 awarded to landlord

What type of tenancy dispute was case 4840741?

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

Where can I read the official tribunal order for case 4840741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10305318-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4840741 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4840741 — net $6,874.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,234.75	Rent arrears
Carpet Cleaning	$480.00	Carpet Cleaning
Lawns and Garden work: including rubbish removal	$660.00	Lawns and Garden work: including rubbish removal
Repairs	$1,500.00	Repairs
Net award	$6,874.75
Total payable by Tenant to Landlord	$6,874.75

The landlord attended the hearing via teleconference. The tenant was not present at the start of the hearing, so I delayed the start of the hearing to allow for lateness, when the landlord had been joined and the tenant remained absent, the tenant was called on the number provided. However, the call was not picked up. I decided to proceed with the hearing, I am satisfied that the tenant was correctly served with the notice of 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.

How much is owed for rent?

The tenancy ended on 23 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The rent summary shows a pattern of arrears developing being paid down and then accruing again.

I questioned the landlord about the steps taken to deal with the rental arrears, I was advised that the landlord has regularly emailed the tenant about the arrears and that this tenancy has been the subject of four previous tenancy applications. I am satisfied that the landlord has taken reasonable steps to mitigate the accrual of excessive arrears.

I am satisfied that the arrears claimed are supported by the rent summary. The tenant is to pay $4234.75 to the landlord.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos showing the extent of the rubbish and other items left in the garden and garage of the property. Windows, kitchen items, cupboards, drapes, and carpets required cleaning due to stains and marks. Moreover, the gardens were in an overgrown states in comparison to their state when the tenancy began.

The amounts ordered are proved. I note that the invoice is provided were $20 more than the amounts claimed on the claim form. I have awarded the amounts claimed.

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. The landlord’s excess is $750.

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: there are numerous holes in jib wall linings including what appear to be holes caused by kicking or punching, three doors required replacement and appear to have been kicked in causing severe damage to the doors and broken timber of door jams, and wardrobe doors have been removed from their runners and left leaning against the wall [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts claimed are reasonable.

The amounts ordered are proved. I note that the amount claimed on the claim form was $1500, however the invoice was for $1580. I would the amount claimed.

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

Claims and awards in Tenancy Tribunal application 4840741 — net $6,874.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,234.75	Rent arrears
Carpet Cleaning	$480.00	Carpet Cleaning
Lawns and Garden work: including rubbish removal	$660.00	Lawns and Garden work: including rubbish removal
Repairs	$1,500.00	Repairs
Net award	$6,874.75
Total payable by Tenant to Landlord	$6,874.75

Order

Ned Teepa must pay [The landlord/s] $6,874.75 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via teleconference. The tenant was not present at the start of the hearing, so I delayed the start of the hearing to allow for lateness, when the landlord had been joined and the tenant remained absent, the tenant was called on the number provided. However, the call was not picked up. I decided to proceed with the hearing, I am satisfied that the tenant was correctly served with the notice of 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.

How much is owed for rent?

The tenancy ended on 23 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The rent summary shows a pattern of arrears developing being paid down and then accruing again.
I questioned the landlord about the steps taken to deal with the rental arrears, I was advised that the landlord has regularly emailed the tenant about the arrears and that this tenancy has been the subject of four previous tenancy applications. I am satisfied that the landlord has taken reasonable steps to mitigate the accrual of excessive arrears.
I am satisfied that the arrears claimed are supported by the rent summary. The tenant is to pay $4234.75 to the landlord.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos showing the extent of the rubbish and other items left in the garden and garage of the property. Windows, kitchen items, cupboards, drapes, and carpets required cleaning due to stains and marks. Moreover, the gardens were in an overgrown states in comparison to their state when the tenancy began.
The amounts ordered are proved. I note that the invoice is provided were $20 more than the amounts claimed on the claim form. I have awarded the amounts claimed.

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. The landlord’s excess is $750.
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: there are numerous holes in jib wall linings including what appear to be holes caused by kicking or punching, three doors required replacement and appear to have been kicked in causing severe damage to the doors and broken timber of door jams, and wardrobe doors have been removed from their runners and left leaning against the wall [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts claimed are reasonable.
The amounts ordered are proved. I note that the amount claimed on the claim form was $1500, however the invoice was for $1580. I would the amount claimed.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4840741 — Rent arrears

At a glance

Tenancy Tribunal case 4840741 — 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