What was Tenancy Tribunal case 4854560 about?

The tribunal order states: The parties’ names and identifying details including the tenancy address must

How much money was awarded in case 4854560?

Filing Fee: $20.44 awarded to landlord; Rent In Lieu – Two Weeks: $1,100.00 awarded to landlord; Rubbish Removal: $324.00 awarded to landlord; Water Rates: $444.81 awarded to landlord

What type of tenancy dispute was case 4854560?

The primary dispute was Rent arrears. Related themes: Cleanliness, Exemplary damages.

Where can I read the official tribunal order for case 4854560?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10794407-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4854560 about?

The tribunal order states: The parties’ names and identifying details including the tenancy address must

How much money was awarded in case 4854560?

Filing Fee: $20.44 awarded to landlord; Rent In Lieu – Two Weeks: $1,100.00 awarded to landlord; Rubbish Removal: $324.00 awarded to landlord; Water Rates: $444.81 awarded to landlord

What type of tenancy dispute was case 4854560?

The primary dispute was Rent arrears. Related themes: Cleanliness, Exemplary damages.

Where can I read the official tribunal order for case 4854560?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10794407-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4854560 — Rent arrears

Claims and awards in Tenancy Tribunal application 4854560. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent in lieu – two weeks	$1,100.00	Rent in lieu – two weeks
Water rates	$444.81	Water rates
Rubbish removal costs	$324.00	Rubbish removal costs
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

The parties’ names and identifying details including the tenancy address must not be published.
[The tenant] must pay [the landlord] $1,889.25 immediately, calculated as shown in table below. DescriptionLandlord Rent in lieu – two weeks$1,100.00 Water rates$444.81 Rubbish removal costs$324.00 Filing fee reimbursement$20.44 Total award$1,889.25

Reasons

The hearing was conducted on Microsoft Teams.
Both parties attended.
The landlord has applied for rent arrears, compensation for lost rent, a stove, and the cost of rubbish removal, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 10 December 2023 by agreement.
The tenant has paid the rent due to that date.
Water Care’s correspondence proved what the tenant owed for water use up to December 2023. Noone other than the tenant and his flatmates lived in the premises until February 2024, so the tenant’s liability is clear, including for the debt collection fee due to the tenant not paying for the water on time.

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

At the end of the tenancy, the tenant must remove all their belongings from the premises, leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord only claims for the cost of rubbish removal and not for labour. The cost of rubbish removal was proven by photographs showing the poor state of the premises and the invoices for rubbish bins.
The tenant left New Zealand in about August 2023. His flatmates remained living in the premises. While away, the tenant decided he would live in Australia. He hoped the tenancy could be transferred to his flatmates, but the landlord did not agree to that.
The landlord and the tenant agreed that the tenancy would end on 10 December 2024.
However, the tenant did not remove his belongings from the premises or return the keys until 7 January 2024.
The landlord says she was unable to re-tenant the premises until February or March of 2024. Moreover, the premises was not left clean or tidy and needed a lot of work to bring it back to a tenantable state.
I accept the tenant’s breaches delayed the landlord in reletting the premises. However, the landlord could have mitigated her loss by communicating with the tenant and moving the tenant’s belongings into storage.
I quantify the landlord’s loss at two weeks rent in lieu in the circumstances. 1 Residential Tenancies Act 1986 (RTA), s40(1)(e)(i)-(v).

Is the tenant liable for the damage to the stove?

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. 2
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. 3
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. 4
The landlord says she had to replace the stove and oven because they were not working at the end of the tenancy. However, she could not say why the stove was not working.
The stove looks very unclean in the photographs, but I cannot see any external damage. The stove is not new and does not look so dirty that the uncleanliness would have caused it to malfunction.
Consequently, the landlord has not proved that the stove’s not working is not due to ordinary wear and tear.
It follows, the tenant is not liable for the cost of replacing the stove.

Did the tenant unlawfully sublet the premises?

The landlord claims the tenant sublet the premises without their prior written consent.
In the absence of a specific provision in the tenancy agreement prohibiting subletting or parting of possession of the tenancy, a tenant may do so but only with the prior written consent of the landlord. If a request is made, the landlord may not withhold consent unreasonably. 5 2 RTA, ss 40(2)(a), 41, and 49B RTA. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541. 5 RTA, 44(2),(3).
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00.
The tenant says he did not sublet the premises, he just had flatmates. He kept a bedroom at the premises and left most his belongings at the premises when he travelled overseas because he had not determined to leave New Zealand at that point.
The tenant accepts he hoped the landlord would agree to his flatmates taking over as tenants after he decided he would live in Australia but says he never passed his tenancy on to them by subletting or parting possession of the premises fully to them.
I accept the tenant’s evidence that the people he had at the address were flatmates and not subtenants.
Therefore it is not proved that the tenant sublet the premises.
This claim is dismissed. Filing fee
The tenant must reimburse the landlord for the filing fee. Non-publication
The landlord seeks non-publication of her name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 6
The landlord has substantially succeeded in the proceedings. I do not consider that publication is in the public interest or is justified because of the landlord’s conduct or any other circumstances of the case.
The Tribunal orders non-publication of the landlord’s details.
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, 6 RTA, s 95A(1). order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 7
I consider that it is appropriate having regard to the interests of the parties and to the public interest to order non-publication of the tenant’s name also.
The tenant has not done a lot wrong in my view. He went overseas and it became increasingly apparent he would live in Australia. He hoped the tenancy could be transferred to his flatmates but that was not workable.
There is a possible prejudice to the tenant if his name is published and it is fair to avoid that risk to him.
Non-publication of the tenant’s name is ordered also.

Claims and awards in Tenancy Tribunal application 4854560. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent in lieu – two weeks	$1,100.00	Rent in lieu – two weeks
Water rates	$444.81	Water rates
Rubbish removal costs	$324.00	Rubbish removal costs
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

The parties’ names and identifying details including the tenancy address must not be published.
[The tenant] must pay [the landlord] $1,889.25 immediately, calculated as shown in table below. DescriptionLandlord Rent in lieu – two weeks$1,100.00 Water rates$444.81 Rubbish removal costs$324.00 Filing fee reimbursement$20.44 Total award$1,889.25

Reasons

The hearing was conducted on Microsoft Teams.
Both parties attended.
The landlord has applied for rent arrears, compensation for lost rent, a stove, and the cost of rubbish removal, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 10 December 2023 by agreement.
The tenant has paid the rent due to that date.
Water Care’s correspondence proved what the tenant owed for water use up to December 2023. Noone other than the tenant and his flatmates lived in the premises until February 2024, so the tenant’s liability is clear, including for the debt collection fee due to the tenant not paying for the water on time.

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

At the end of the tenancy, the tenant must remove all their belongings from the premises, leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord only claims for the cost of rubbish removal and not for labour. The cost of rubbish removal was proven by photographs showing the poor state of the premises and the invoices for rubbish bins.
The tenant left New Zealand in about August 2023. His flatmates remained living in the premises. While away, the tenant decided he would live in Australia. He hoped the tenancy could be transferred to his flatmates, but the landlord did not agree to that.
The landlord and the tenant agreed that the tenancy would end on 10 December 2024.
However, the tenant did not remove his belongings from the premises or return the keys until 7 January 2024.
The landlord says she was unable to re-tenant the premises until February or March of 2024. Moreover, the premises was not left clean or tidy and needed a lot of work to bring it back to a tenantable state.
I accept the tenant’s breaches delayed the landlord in reletting the premises. However, the landlord could have mitigated her loss by communicating with the tenant and moving the tenant’s belongings into storage.
I quantify the landlord’s loss at two weeks rent in lieu in the circumstances. 1 Residential Tenancies Act 1986 (RTA), s40(1)(e)(i)-(v).

Is the tenant liable for the damage to the stove?

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. 2
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. 3
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. 4
The landlord says she had to replace the stove and oven because they were not working at the end of the tenancy. However, she could not say why the stove was not working.
The stove looks very unclean in the photographs, but I cannot see any external damage. The stove is not new and does not look so dirty that the uncleanliness would have caused it to malfunction.
Consequently, the landlord has not proved that the stove’s not working is not due to ordinary wear and tear.
It follows, the tenant is not liable for the cost of replacing the stove.

Did the tenant unlawfully sublet the premises?

The landlord claims the tenant sublet the premises without their prior written consent.
In the absence of a specific provision in the tenancy agreement prohibiting subletting or parting of possession of the tenancy, a tenant may do so but only with the prior written consent of the landlord. If a request is made, the landlord may not withhold consent unreasonably. 5 2 RTA, ss 40(2)(a), 41, and 49B RTA. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541. 5 RTA, 44(2),(3).
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00.
The tenant says he did not sublet the premises, he just had flatmates. He kept a bedroom at the premises and left most his belongings at the premises when he travelled overseas because he had not determined to leave New Zealand at that point.
The tenant accepts he hoped the landlord would agree to his flatmates taking over as tenants after he decided he would live in Australia but says he never passed his tenancy on to them by subletting or parting possession of the premises fully to them.
I accept the tenant’s evidence that the people he had at the address were flatmates and not subtenants.
Therefore it is not proved that the tenant sublet the premises.
This claim is dismissed. Filing fee
The tenant must reimburse the landlord for the filing fee. Non-publication
The landlord seeks non-publication of her name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 6
The landlord has substantially succeeded in the proceedings. I do not consider that publication is in the public interest or is justified because of the landlord’s conduct or any other circumstances of the case.
The Tribunal orders non-publication of the landlord’s details.
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, 6 RTA, s 95A(1). order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 7
I consider that it is appropriate having regard to the interests of the parties and to the public interest to order non-publication of the tenant’s name also.
The tenant has not done a lot wrong in my view. He went overseas and it became increasingly apparent he would live in Australia. He hoped the tenancy could be transferred to his flatmates but that was not workable.
There is a possible prejudice to the tenant if his name is published and it is fair to avoid that risk to him.
Non-publication of the tenant’s name is ordered also.

Tenancy Tribunal case 4854560 — Rent arrears

At a glance

Tenancy Tribunal case 4854560 — Rent arrears

At a glance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Is the tenant liable for the damage to the stove?

Did the tenant unlawfully sublet the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Is the tenant liable for the damage to the stove?

Did the tenant unlawfully sublet the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions