What was Tenancy Tribunal case 4868360 about?

The tribunal order states: Elizabeth Nathan must pay [The landlord/s] $6,627.51 immediately, calculated

How much money was awarded in case 4868360?

Filing Fee: $20.44 awarded to landlord; Property Damage: $3,008.12 awarded to landlord; Rubbish Removal: $1,663.43 awarded to landlord; Skip Bins X2: $1,220.00 awarded to landlord; Water Rates: $1,203.52 awarded to landlord

What type of tenancy dispute was case 4868360?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4868360?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10713860-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4868360 about?

The tribunal order states: Elizabeth Nathan must pay [The landlord/s] $6,627.51 immediately, calculated

How much money was awarded in case 4868360?

Filing Fee: $20.44 awarded to landlord; Property Damage: $3,008.12 awarded to landlord; Rubbish Removal: $1,663.43 awarded to landlord; Skip Bins X2: $1,220.00 awarded to landlord; Water Rates: $1,203.52 awarded to landlord

What type of tenancy dispute was case 4868360?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4868360?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10713860-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4868360 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4868360 — net $6,627.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,203.52	Water rates
Repairs	$3,008.12	Repairs
Cleaning and rubbish removal	$1,663.43	Cleaning and rubbish removal
Skip bins x2	$1,220.00	Skip bins x2
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,627.51
Total payable by Tenant to Landlord	$6,627.51

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant on the numbers provided in the application and on the numbers provided by the landlord at the hearing. I proceeded with the hearing in the tenant’s absence as I was satisfied adequate service of the hearing notice had been completed.

The landlord has applied for outstanding water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 14 March 2024. The landlord provided water rates invoices 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 landlord proved on the evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord relied on the final inspection report, photographs and invoices. The photographs clearly indicate the tenant did not clean the property, which was left in a poor condition with substantial amounts of rubbish and debris scattered throughout the property.

The claim for cleaning has been reduced by $183.83 which relates to a heat pump clean as the Tribunal considers this a landlord responsibility.

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: there were damages to walls throughout the house and to the weatherboards around the property. Door handles were removed in the lounge, bedroom 2 and the cupboard in bedroom 5. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Additionally, after being evicted, the tenant forcefully re-entered the property through the front door to retrieve belongings, causing damage to the entrance door frame, ;lock and handle in the process.

Again, the landlord relied on the final inspection report, photographs and invoices.

The amounts ordered are proved.

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 4868360 — net $6,627.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,203.52	Water rates
Repairs	$3,008.12	Repairs
Cleaning and rubbish removal	$1,663.43	Cleaning and rubbish removal
Skip bins x2	$1,220.00	Skip bins x2
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,627.51
Total payable by Tenant to Landlord	$6,627.51

Order

Elizabeth Nathan must pay [The landlord/s] $6,627.51 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $488.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The Tribunal was unable to contact the tenant on the numbers provided in the application and on the numbers provided by the landlord at the hearing. I proceeded with the hearing in the tenant’s absence as I was satisfied adequate service of the hearing notice had been completed.
The landlord has applied for outstanding water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 14 March 2024. The landlord provided water rates invoices 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 landlord proved on the evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord relied on the final inspection report, photographs and invoices. The photographs clearly indicate the tenant did not clean the property, which was left in a poor condition with substantial amounts of rubbish and debris scattered throughout the property.
The claim for cleaning has been reduced by $183.83 which relates to a heat pump clean as the Tribunal considers this a landlord responsibility.
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: there were damages to walls throughout the house and to the weatherboards around the property. Door handles were removed in the lounge, bedroom 2 and the cupboard in bedroom 5. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Additionally, after being evicted, the tenant forcefully re-entered the property through the front door to retrieve belongings, causing damage to the entrance door frame, ;lock and handle in the process.
Again, the landlord relied on the final inspection report, photographs and invoices.
The amounts ordered are proved.
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 4868360 — Property damage

At a glance

Tenancy Tribunal case 4868360 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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 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