What was Tenancy Tribunal case 4875541 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $15,961.46 immediately, calculated as

How much money was awarded in case 4875541?

Cleaning: $720.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $143.20 awarded to landlord; Rent Arrears: $14,139.90 awarded to landlord; Broken Window: $249.99 awarded to landlord; Walls: $600.00 awarded to landlord; Water Heater: $50.48 awarded to landlord; Rubbish Removal: $1,220.00 awarded to landlord; Water Rates: $2,137.45 awarded to landlord

What type of tenancy dispute was case 4875541?

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

Where can I read the official tribunal order for case 4875541?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10648367-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4875541 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $15,961.46 immediately, calculated as

How much money was awarded in case 4875541?

Cleaning: $720.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $143.20 awarded to landlord; Rent Arrears: $14,139.90 awarded to landlord; Broken Window: $249.99 awarded to landlord; Walls: $600.00 awarded to landlord; Water Heater: $50.48 awarded to landlord; Rubbish Removal: $1,220.00 awarded to landlord; Water Rates: $2,137.45 awarded to landlord

What type of tenancy dispute was case 4875541?

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

Where can I read the official tribunal order for case 4875541?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10648367-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4875541 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4875541 — net $15,961.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/04/2024	$14,139.90	Rent arrears to 25/04/2024
Water rates: 2606.61 Minus fixed charges 469.19	$2,137.45	Water rates: 2606.61 Minus fixed charges 469.19
Cleaning: including stove	$720.00	Cleaning: including stove
Rubbish removal	$1,220.00	Rubbish removal
Lock/key replacement: garage door lock	$143.20	Lock/key replacement: garage door lock
Repairs: Broken window	$249.99	Repairs: Broken window
Repairs: Walls	$600.00	Repairs: Walls
Repairs: Water heater	$50.48	Repairs: Water heater
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,961.46
Total payable by Tenant to Landlord	$15,961.46

[The tenant/s] must pay [The landlord/s] $15,961.46 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $3,320.00 ([Bond number suppressed]) to [The landlord/s] immediately calculated as shown in the table below: DescriptionLandlord Rent arrears to 25/04/2024$14,139.90 Water rates: 2606.61 Minus fixed charges 469.19 $2,137.45 Cleaning: including stove$720.00 Rubbish removal$1,220.00 Lock/key replacement: garage door lock$143.20 Repairs: Broken window$249.99 Repairs: Walls$600.00 Repairs: Water heater$50.48 Filing fee reimbursement$20.44 Total award$19,281.46 Minus Bond$3,320.00 Total payable by Tenant to Landlord$15,961.46

Reasons

Only the applicant landlord attended the hearing there was no appearance for the respondent tenant.

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?

This was a two year fixed term tenancy to end on 19 August 2024. The landlord stated that the tenant got in to rent arrears and the parties agreed to end the tenancy. The landlord sought rent to 2 May 2024, however, there is evidence that he had taken possession of the premises prior to that date. Rent arrears are order to 25 April 2024 in the sum of $14139.90. The landlord provided a rent summary.

The landlord sought payment of water invoices totalling $2606.61 and provided a statement and water invoices. However, as fixed charges had not been deducted these have been deducted and the remaining amount of $2137.45 is ordered.

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.

The amounts ordered are proved. Photographs and invoices were provided.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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. The tenancy agreement records that the landlord’s insurance excess is $2500.00.

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.

The following damage was caused during the tenancy: (a)Damage to the garage door lock (b)Damage to a window which was broken (c)Damage to the paintwork on the walls including extensive drawing on the walls (d)Damage to the gas water heater cover

The landlord provided a copy of an entry inspection report which recorded that the property was inspected before the agreement was signed and was all in good condition. The landlord also provided photographs of the damage claimed. Having considered the evidence provided and in the absence of any evidence from the tenant I find that the landlord has proved on the balance of probabilities that the damage to the garage door lock, the window and the gas water heater is more than fair wear and tear. The tenant has not disproved liability for the damage.

In respect of the damage to the walls I find that the damage caused by drawing and holes in the walls is beyond fair wear and tear. However, some of the photographs show windowsills and other paintwork or wooden areas that are clearly old and require maintenance.

The landlord provided invoices for the amounts sought. The amounts for repair of the water heater, garage lock and window are ordered as sought. The amount sought for painting does not itemise the work done and includes an invoice for product which includes among other things ceiling paint when there is no claim for ceiling damage. Having considered the evidence, the Tribunal orders the amount of $600.00 towards paintwork repairs. Suppression/filing fee

The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant has been substantially successful with their application. Having considered the factors in this case the Tribunal grants suppression of all party details.

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

Claims and awards in Tenancy Tribunal application 4875541 — net $15,961.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/04/2024	$14,139.90	Rent arrears to 25/04/2024
Water rates: 2606.61 Minus fixed charges 469.19	$2,137.45	Water rates: 2606.61 Minus fixed charges 469.19
Cleaning: including stove	$720.00	Cleaning: including stove
Rubbish removal	$1,220.00	Rubbish removal
Lock/key replacement: garage door lock	$143.20	Lock/key replacement: garage door lock
Repairs: Broken window	$249.99	Repairs: Broken window
Repairs: Walls	$600.00	Repairs: Walls
Repairs: Water heater	$50.48	Repairs: Water heater
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,961.46
Total payable by Tenant to Landlord	$15,961.46

Order

[The tenant/s] must pay [The landlord/s] $15,961.46 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,320.00 ([Bond number suppressed]) to [The landlord/s] immediately calculated as shown in the table below: DescriptionLandlord Rent arrears to 25/04/2024$14,139.90 Water rates: 2606.61 Minus fixed charges 469.19 $2,137.45 Cleaning: including stove$720.00 Rubbish removal$1,220.00 Lock/key replacement: garage door lock$143.20 Repairs: Broken window$249.99 Repairs: Walls$600.00 Repairs: Water heater$50.48 Filing fee reimbursement$20.44 Total award$19,281.46 Minus Bond$3,320.00 Total payable by Tenant to Landlord$15,961.46

Reasons

Only the applicant landlord attended the hearing there was no appearance for the respondent tenant.
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?

This was a two year fixed term tenancy to end on 19 August 2024. The landlord stated that the tenant got in to rent arrears and the parties agreed to end the tenancy. The landlord sought rent to 2 May 2024, however, there is evidence that he had taken possession of the premises prior to that date. Rent arrears are order to 25 April 2024 in the sum of $14139.90. The landlord provided a rent summary.
The landlord sought payment of water invoices totalling $2606.61 and provided a statement and water invoices. However, as fixed charges had not been deducted these have been deducted and the remaining amount of $2137.45 is ordered.

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.
The amounts ordered are proved. Photographs and invoices were provided.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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. The tenancy agreement records that the landlord’s insurance excess is $2500.00.
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.
The following damage was caused during the tenancy: (a)Damage to the garage door lock (b)Damage to a window which was broken (c)Damage to the paintwork on the walls including extensive drawing on the walls (d)Damage to the gas water heater cover
The landlord provided a copy of an entry inspection report which recorded that the property was inspected before the agreement was signed and was all in good condition. The landlord also provided photographs of the damage claimed. Having considered the evidence provided and in the absence of any evidence from the tenant I find that the landlord has proved on the balance of probabilities that the damage to the garage door lock, the window and the gas water heater is more than fair wear and tear. The tenant has not disproved liability for the damage.
In respect of the damage to the walls I find that the damage caused by drawing and holes in the walls is beyond fair wear and tear. However, some of the photographs show windowsills and other paintwork or wooden areas that are clearly old and require maintenance.
The landlord provided invoices for the amounts sought. The amounts for repair of the water heater, garage lock and window are ordered as sought. The amount sought for painting does not itemise the work done and includes an invoice for product which includes among other things ceiling paint when there is no claim for ceiling damage. Having considered the evidence, the Tribunal orders the amount of $600.00 towards paintwork repairs. Suppression/filing fee
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant has been substantially successful with their application. Having considered the factors in this case the Tribunal grants suppression of all party details.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4875541 — Rent arrears

At a glance

Tenancy Tribunal case 4875541 — Rent arrears

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?

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 and 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