What was Tenancy Tribunal case 4874191 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $8,423.90 immediately, calculated as

How much money was awarded in case 4874191?

Rubbish Removal: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,496.13 awarded to landlord; Property Damage: $7,800.00 awarded to landlord; Water Rates: $227.33 awarded to landlord

What type of tenancy dispute was case 4874191?

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

Where can I read the official tribunal order for case 4874191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11028720-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4874191 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $8,423.90 immediately, calculated as

How much money was awarded in case 4874191?

Rubbish Removal: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,496.13 awarded to landlord; Property Damage: $7,800.00 awarded to landlord; Water Rates: $227.33 awarded to landlord

What type of tenancy dispute was case 4874191?

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

Where can I read the official tribunal order for case 4874191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11028720-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4874191 — Property damage

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New Zealand Tenancy Tribunal Case 4874191 — Property damage | 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 4874191 — net $8,423.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27/03/2024	$2,496.13	4. I order the tenant to pay the landlord rent arrears of $2,496.13 and water rates arrears of $227.33.
Water rates	$227.33	Water rates
Cleaning: Including rubbish removal	$800.00	Cleaning: Including rubbish removal
Repairs: Insurance excess x 12	$7,800.00	Repairs: Insurance excess x 12
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,423.90
Total payable by Tenant to Landlord	$8,423.90

Claims and awards for application 4874191 — net $8,423.90 NZD. Verify on MoJ.

Rent arrears to 27/03/2024

Amount: $2,496.13
Awarded to: Landlord
Reason: 4. I order the tenant to pay the landlord rent arrears of $2,496.13 and water rates arrears of $227.33.

Water rates

Amount: $227.33
Awarded to: Landlord
Reason: Water rates

Cleaning: Including rubbish removal

Amount: $800.00
Awarded to: Landlord
Reason: Cleaning: Including rubbish removal

Repairs: Insurance excess x 12

Amount: $7,800.00
Awarded to: Landlord
Reason: Repairs: Insurance excess x 12

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Rent arrears Property damage Water Rates

Order

[The tenant/s] must pay [The landlord/s] $8,423.90 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
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 and water rates?

The tenancy ended on 27 th March 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
I order the tenant to pay the landlord rent arrears of $2,496.13 and water rates arrears of $227.33.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord had a quote for the cleaning and rubbish removal of $1,092.50.
As the landlord has done the cleaning themselves, and rubbish is yet to be fully removed, I grant the landlord $800.00 for the cleaning and rubbish removal. Damage claims
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 (See section 49B(3)(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 Tribunal needs to take 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The following damage was caused during the tenancy: carpets, decking, walls, garage door and the central vacuum. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find the damage to the carpet to have been caused intentionally by the tenant having a dog at the premises.
The landlord had insurance and was charged 16 individual excess amounts for the damages.
I take note of the fact that the carpet was around 7 years old. Accordingly, I grant the adjusted amount of 12 excess claims at $650.00 each to reflect the depreciated value of the carpet.
I order the tenant to pay the landlord $7,800.00 for the damages. Filing fee reimbursement
Because [The applicant/s] has wholly succeeded with the claim, the tenant 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 4874191 — net $8,423.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27/03/2024	$2,496.13	4. I order the tenant to pay the landlord rent arrears of $2,496.13 and water rates arrears of $227.33.
Water rates	$227.33	Water rates
Cleaning: Including rubbish removal	$800.00	Cleaning: Including rubbish removal
Repairs: Insurance excess x 12	$7,800.00	Repairs: Insurance excess x 12
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,423.90
Total payable by Tenant to Landlord	$8,423.90

Claims and awards for application 4874191 — net $8,423.90 NZD. Verify on MoJ.

Rent arrears to 27/03/2024

Amount: $2,496.13
Awarded to: Landlord
Reason: 4. I order the tenant to pay the landlord rent arrears of $2,496.13 and water rates arrears of $227.33.

Water rates

Amount: $227.33
Awarded to: Landlord
Reason: Water rates

Cleaning: Including rubbish removal

Amount: $800.00
Awarded to: Landlord
Reason: Cleaning: Including rubbish removal

Repairs: Insurance excess x 12

Amount: $7,800.00
Awarded to: Landlord
Reason: Repairs: Insurance excess x 12

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Rent arrears Property damage Water Rates

Order

[The tenant/s] must pay [The landlord/s] $8,423.90 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
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 and water rates?

The tenancy ended on 27 th March 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
I order the tenant to pay the landlord rent arrears of $2,496.13 and water rates arrears of $227.33.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord had a quote for the cleaning and rubbish removal of $1,092.50.
As the landlord has done the cleaning themselves, and rubbish is yet to be fully removed, I grant the landlord $800.00 for the cleaning and rubbish removal. Damage claims
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 (See section 49B(3)(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 Tribunal needs to take 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The following damage was caused during the tenancy: carpets, decking, walls, garage door and the central vacuum. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find the damage to the carpet to have been caused intentionally by the tenant having a dog at the premises.
The landlord had insurance and was charged 16 individual excess amounts for the damages.
I take note of the fact that the carpet was around 7 years old. Accordingly, I grant the adjusted amount of 12 excess claims at $650.00 each to reflect the depreciated value of the carpet.
I order the tenant to pay the landlord $7,800.00 for the damages. Filing fee reimbursement
Because [The applicant/s] has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4874191 — Property damage

At a glance

Tenancy Tribunal case 4874191 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions