What was Tenancy Tribunal case 4841868 about?

The tribunal order states: Nikki Young must pay [The landlord/s] $3,361.44 immediately, calculated as

How much money was awarded in case 4841868?

Cleaning: $380.00 awarded to landlord; Cleaning: $1,334.29 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Insurance Payment Credit: $3,326.96 awarded to tenant; Painting: $4,664.17 awarded to landlord; Property Damage: $825.15 awarded to landlord; Property Damage: $458.85 awarded to landlord; Removal Latches: $184.00 awarded to landlord; Rent Arrears: $1,917.00 awarded to landlord; Unblocking Drain: $264.50 awarded to landlord

What type of tenancy dispute was case 4841868?

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

Where can I read the official tribunal order for case 4841868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10678446-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4841868 about?

The tribunal order states: Nikki Young must pay [The landlord/s] $3,361.44 immediately, calculated as

How much money was awarded in case 4841868?

Cleaning: $380.00 awarded to landlord; Cleaning: $1,334.29 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Insurance Payment Credit: $3,326.96 awarded to tenant; Painting: $4,664.17 awarded to landlord; Property Damage: $825.15 awarded to landlord; Property Damage: $458.85 awarded to landlord; Removal Latches: $184.00 awarded to landlord; Rent Arrears: $1,917.00 awarded to landlord; Unblocking Drain: $264.50 awarded to landlord

What type of tenancy dispute was case 4841868?

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

Where can I read the official tribunal order for case 4841868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10678446-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4841868 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4841868 — net $3,361.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 5/3/2024	$1,917.00		Rent arrears to 5/3/2024
Carpet Cleaning	$380.00		Carpet Cleaning
Cleaning including all curtains	$1,334.29		Cleaning including all curtains
Replacement laundry tub	$825.15		Replacement laundry tub
Replacement pantry door	$458.85		Replacement pantry door
Removal latches	$184.00		Removal latches
Painting	$4,664.17		Painting
Unblocking drain	$264.50		Unblocking drain
Filing fee reimbursement	$20.44		Filing fee reimbursement
Insurance payment credit		$3,326.96	Insurance payment credit
Total award	$10,048.40	$3,326.96
Net award	$3,361.44
Total payable by Tenant to Landlord	$3,361.44

The landlord 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.

How much is owed for rent?

The tenancy ended on 5/3/2024. 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.

The landlord sought compensation for cleaning, washing and rehanging curtains and carpet cleaning.

In support of the claim the landlord provided invoices and entry and exit photographs.

I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and the carpets needed cleaning to remove stains.

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.

I am satisfied there was extensive damage caused during the tenancy to walls, doors, ceilings, the laundry tub and a pantry door.

The damage is both careless and intentional and is more than fair wear and tear.

The tenant has not disproved liability for the damage.

The amounts ordered are proved.

A credit has been allowed to the tenant for the payment received by the landlord, less the insurance excesses, which were greater than the credit.

Depreciation has not been taken into account because the premises were only two years old when the tenancy began.

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

Suppression is granted to the landlord pursuant to section 95A because they were wholly successful with the claim.

Claims and awards in Tenancy Tribunal application 4841868 — net $3,361.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 5/3/2024	$1,917.00		Rent arrears to 5/3/2024
Carpet Cleaning	$380.00		Carpet Cleaning
Cleaning including all curtains	$1,334.29		Cleaning including all curtains
Replacement laundry tub	$825.15		Replacement laundry tub
Replacement pantry door	$458.85		Replacement pantry door
Removal latches	$184.00		Removal latches
Painting	$4,664.17		Painting
Unblocking drain	$264.50		Unblocking drain
Filing fee reimbursement	$20.44		Filing fee reimbursement
Insurance payment credit		$3,326.96	Insurance payment credit
Total award	$10,048.40	$3,326.96
Net award	$3,361.44
Total payable by Tenant to Landlord	$3,361.44

Order

Nikki Young must pay [The landlord/s] $3,361.44 immediately, calculated as shown in table below.

Reasons

The landlord 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.

How much is owed for rent?

The tenancy ended on 5/3/2024. 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The landlord sought compensation for cleaning, washing and rehanging curtains and carpet cleaning.
In support of the claim the landlord provided invoices and entry and exit photographs.
I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and the carpets needed cleaning to remove stains.
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.
I am satisfied there was extensive damage caused during the tenancy to walls, doors, ceilings, the laundry tub and a pantry door.
The damage is both careless and intentional and is more than fair wear and tear.
The tenant has not disproved liability for the damage.
The amounts ordered are proved.
A credit has been allowed to the tenant for the payment received by the landlord, less the insurance excesses, which were greater than the credit.
Depreciation has not been taken into account because the premises were only two years old when the tenancy began.
As [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
Suppression is granted to the landlord pursuant to section 95A because they were wholly successful with the claim.

Tenancy Tribunal case 4841868 — Rent arrears

At a glance

Tenancy Tribunal case 4841868 — 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