What was the outcome of Tenancy Tribunal case 4853863?

The tribunal order states: Daniel Clark must pay Quality Rental Management Limited $2,786.90

How much money was awarded in case 4853863?

Cleaning: $180.00 awarded to landlord; Rubbish Removal: $639.64 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,748.57 awarded to landlord; Toilet Seat: $198.25 awarded to landlord

What type of tenancy dispute was case 4853863?

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

Where can I read the official tribunal order for case 4853863?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10480593-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4853863?

The tribunal order states: Daniel Clark must pay Quality Rental Management Limited $2,786.90

How much money was awarded in case 4853863?

Cleaning: $180.00 awarded to landlord; Rubbish Removal: $639.64 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,748.57 awarded to landlord; Toilet Seat: $198.25 awarded to landlord

What type of tenancy dispute was case 4853863?

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

Where can I read the official tribunal order for case 4853863?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10480593-Tenancy_Tribunal_Order.pdf.

2B Murray Street, Maeroa, Hamilton 3200 Tenancy Tribunal Case 4853863 — Rent arrears

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2B Murray Street, Maeroa, Hamilton 3200 Tenancy Tribunal Case 4853863 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4853863 — net $2,786.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,748.57	Rent arrears
Repairs: Toilet seat	$198.25	Repairs: Toilet seat
Cleaning: and rubbish removal	$639.64	Cleaning: and rubbish removal
Carpet Cleaning	$180.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,786.90
Total payable by Tenant to Landlord	$2,786.90

Claims and awards for application 4853863 — net $2,786.90 NZD. Verify on MoJ.

Rent arrears

Amount: $1,748.57
Awarded to: Landlord
Reason: Rent arrears

Repairs: Toilet seat

Amount: $198.25
Awarded to: Landlord
Reason: Repairs: Toilet seat

Cleaning: and rubbish removal

Amount: $639.64
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Carpet Cleaning

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Rubbish Removal Filing Fee Rent arrears Property damage

Order

Daniel Clark must pay Quality Rental Management Limited $2,786.90 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
They provided a copy of an email form the tenant received on the day of the hearing where the tenant agreed with all the costs claimed, but disputed the claim for exemplary damages. The landlords withdrew the claim for exemplary damages at the hearing.

How much is owed for rent?

The tenancy ended on 11 March 2024 after the tenant was evicted following a breach of a mediated order. The mediated order has been enforced and the landlord is seeking rent arrears from the date of the order being, 24 January 2024, to the date of the eviction being 11 March 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photographs were provided showing that the premises were not left reasonably clean and tidy.
Rubbish bins had not been emptied and there were some items left outside.
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 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: A toilet seat was broken. 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. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Quality Rental Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4853863 — net $2,786.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,748.57	Rent arrears
Repairs: Toilet seat	$198.25	Repairs: Toilet seat
Cleaning: and rubbish removal	$639.64	Cleaning: and rubbish removal
Carpet Cleaning	$180.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,786.90
Total payable by Tenant to Landlord	$2,786.90

Claims and awards for application 4853863 — net $2,786.90 NZD. Verify on MoJ.

Rent arrears

Amount: $1,748.57
Awarded to: Landlord
Reason: Rent arrears

Repairs: Toilet seat

Amount: $198.25
Awarded to: Landlord
Reason: Repairs: Toilet seat

Cleaning: and rubbish removal

Amount: $639.64
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Carpet Cleaning

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Rubbish Removal Filing Fee Rent arrears Property damage

Order

Daniel Clark must pay Quality Rental Management Limited $2,786.90 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
They provided a copy of an email form the tenant received on the day of the hearing where the tenant agreed with all the costs claimed, but disputed the claim for exemplary damages. The landlords withdrew the claim for exemplary damages at the hearing.

How much is owed for rent?

The tenancy ended on 11 March 2024 after the tenant was evicted following a breach of a mediated order. The mediated order has been enforced and the landlord is seeking rent arrears from the date of the order being, 24 January 2024, to the date of the eviction being 11 March 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photographs were provided showing that the premises were not left reasonably clean and tidy.
Rubbish bins had not been emptied and there were some items left outside.
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 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: A toilet seat was broken. 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. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Quality Rental Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4853863 — Rent arrears at 2B Murray Street, Maeroa, Hamilton 3200

At a glance

Tenancy Tribunal case 4853863 — Rent arrears at 2B Murray Street, Maeroa, Hamilton 3200

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

Property management

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

Property management

Frequently asked questions