How much money was awarded in case 4875306?

Filing Fee: $20.44 awarded to landlord; Property Damage: $220.00 awarded to landlord; Rent Arrears: $1,765.00 awarded to landlord; Painting: $900.00 awarded to landlord; Rubbish Removal: $209.99 awarded to landlord

What type of tenancy dispute was case 4875306?

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

Where can I read the official tribunal order for case 4875306?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10419611-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4875306?

Filing Fee: $20.44 awarded to landlord; Property Damage: $220.00 awarded to landlord; Rent Arrears: $1,765.00 awarded to landlord; Painting: $900.00 awarded to landlord; Rubbish Removal: $209.99 awarded to landlord

What type of tenancy dispute was case 4875306?

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

Where can I read the official tribunal order for case 4875306?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10419611-Tribunal_Order_Redacted.pdf.

Room 1, 42 Achilles Court, Palmerston North, Palmerston Tenancy Tribunal Case 4875306 — Rent arrears

Q: What was Tenancy Tribunal case 4875306 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4875306 — net $1,875.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,765.00	Rent arrears
Lock/key replacement	$220.00	Lock/key replacement
Rubbish removal	$209.99	Rubbish removal
Repairs: painting	$900.00	Repairs: painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,875.43
Total payable by Tenant to Landlord	$1,875.43

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Bruce Edmonds must pay [The landlord/s] $1,875.43 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $1,240.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$1,765.00 Lock/key replacement$220.00 Rubbish removal$209.99 Repairs: painting$900.00 Filing fee reimbursement$20.44 Total award$3,115.43 Bond$1,240.00 Total payable by Tenant to Landlord$1,875.43

Reasons

Both parties 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 boarding house tenancy.

How much is owed for rent?

The tenancy ended on 2 February 2024. The landlord has provided records which prove the amount of rent owing to 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, and remove all goods and rubbish. See section 66M(b) to (e) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all goods and rubbish.

The tenant did not return the keys.

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 49B, 66K(2)(a), and 66L 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.

The tenant acknowledged that he drew graffiti on the walls and forcibly removed a wall heater. He responsibly accepted that he should pay for the repair required and the walls being repainted. As the landlord’s invoice included a charge for painting the ceiling which the tenant did not damage, the amount awarded has been reduced from the amount claimed in the landlord’s invoice. The damage was not fair wear and tear and was done intentionally.

The tenant denied causing any damage to the carpet. He explained that the carpet was in poor condition when he moved in. The landlord did not provide evidence of the carpet at the start of the tenancy and so cannot prove that the damage occurred during the tenancy.

The landlord’s claim for the carpet replacement must therefore be dismissed.

The tenant is to be commended for attending the hearing and accepting responsibility for his cations.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4875306 — net $1,875.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,765.00	Rent arrears
Lock/key replacement	$220.00	Lock/key replacement
Rubbish removal	$209.99	Rubbish removal
Repairs: painting	$900.00	Repairs: painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,875.43
Total payable by Tenant to Landlord	$1,875.43

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Bruce Edmonds must pay [The landlord/s] $1,875.43 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,240.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$1,765.00 Lock/key replacement$220.00 Rubbish removal$209.99 Repairs: painting$900.00 Filing fee reimbursement$20.44 Total award$3,115.43 Bond$1,240.00 Total payable by Tenant to Landlord$1,875.43

Reasons

Both parties 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 boarding house tenancy.

How much is owed for rent?

The tenancy ended on 2 February 2024. The landlord has provided records which prove the amount of rent owing to 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, and remove all goods and rubbish. See section 66M(b) to (e) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all goods and rubbish.
The tenant did not return the keys.
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 49B, 66K(2)(a), and 66L 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.
The tenant acknowledged that he drew graffiti on the walls and forcibly removed a wall heater. He responsibly accepted that he should pay for the repair required and the walls being repainted. As the landlord’s invoice included a charge for painting the ceiling which the tenant did not damage, the amount awarded has been reduced from the amount claimed in the landlord’s invoice. The damage was not fair wear and tear and was done intentionally.
The tenant denied causing any damage to the carpet. He explained that the carpet was in poor condition when he moved in. The landlord did not provide evidence of the carpet at the start of the tenancy and so cannot prove that the damage occurred during the tenancy.
The landlord’s claim for the carpet replacement must therefore be dismissed.
The tenant is to be commended for attending the hearing and accepting responsibility for his cations.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4875306 — Rent arrears at Room 1, 42 Achilles Court, Palmerston North, Palmerston

At a glance

Tenancy Tribunal case 4875306 — Rent arrears at Room 1, 42 Achilles Court, Palmerston North, Palmerston

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