What was the outcome of Tenancy Tribunal case 4894409?

The tribunal order states: Elizabeth Theresa Daniels must pay Edward Tuhere Schatt As Trustee And

How much money was awarded in case 4894409?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $87.50 awarded to landlord; Property Damage: $312.50 awarded to landlord; Reinstalling Drapes: $52.50 awarded to landlord; Rent Arrears: $1,800.00 awarded to landlord; Holes In Walls: $90.00 awarded to landlord; Rubbish Removal: $130.40 awarded to landlord; Water Rates: $295.45 awarded to landlord

What type of tenancy dispute was case 4894409?

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

Where can I read the official tribunal order for case 4894409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10649284-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4894409?

The tribunal order states: Elizabeth Theresa Daniels must pay Edward Tuhere Schatt As Trustee And

How much money was awarded in case 4894409?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $87.50 awarded to landlord; Property Damage: $312.50 awarded to landlord; Reinstalling Drapes: $52.50 awarded to landlord; Rent Arrears: $1,800.00 awarded to landlord; Holes In Walls: $90.00 awarded to landlord; Rubbish Removal: $130.40 awarded to landlord; Water Rates: $295.45 awarded to landlord

What type of tenancy dispute was case 4894409?

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

Where can I read the official tribunal order for case 4894409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10649284-Tenancy_Tribunal_Order.pdf.

8A Snowden Street, Ohauiti, Tauranga 3112 Tenancy Tribunal Case 4894409 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4894409 — net $388.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 May 2024	$1,800.00	Rent arrears to 11 May 2024
Water rates	$295.45	Water rates
Lawns and Garden work	$87.50	Lawns and Garden work
Rubbish removal	$130.40	Rubbish removal
Repairs: Holes in walls	$90.00	Repairs: Holes in walls
Reinstalling drapes	$52.50	Reinstalling drapes
Replacement stove	$312.50	Replacement stove
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$388.79
Total payable by Tenant to Landlord	$388.79

Elizabeth Theresa Daniels must pay Edward Tuhere Schatt As Trustee And Agent For The Witerana Family Trust $388.79 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,400.00 (5289608-007) to Edward Tuhere Schatt As Trustee And Agent For The Witerana Family Trust immediately.

Reasons

The landlord attended the hearing. The tenant did not appear.

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 11 May 2024. The landlord provided rent records and 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord was unable to provide sufficient evidence to prove that the premises not left in a reasonably clean and tidy state. The claims for cleaning and vacuuming are not proven.

The lawns were left long therefore I award $87.50 for garden work which is calculated as $35 per hour for 2.5 hours work.

The tenant did not return one garage remote, but the landlord confirmed that the property was sold with only one. As the landlord has not suffered any loss, no award can be made.

I award $130.00 for rubbish removal as fair, reasonable and proportionate compensation.

I decline to make any award for the landlord’s additional travel costs.

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.

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 following damage was caused during the tenancy: oven was so dirty it had to be replaced and holes in walls were the curtain bracket was pulled off. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. I have also made an award for the time taken to re-hang 3 sets of curtains.

I have taken 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.

As Edward Tuhere Schatt As Trustee And Agent For The Witerana Family Trust has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4894409 — net $388.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 May 2024	$1,800.00	Rent arrears to 11 May 2024
Water rates	$295.45	Water rates
Lawns and Garden work	$87.50	Lawns and Garden work
Rubbish removal	$130.40	Rubbish removal
Repairs: Holes in walls	$90.00	Repairs: Holes in walls
Reinstalling drapes	$52.50	Reinstalling drapes
Replacement stove	$312.50	Replacement stove
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$388.79
Total payable by Tenant to Landlord	$388.79

Order

Elizabeth Theresa Daniels must pay Edward Tuhere Schatt As Trustee And Agent For The Witerana Family Trust $388.79 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (5289608-007) to Edward Tuhere Schatt As Trustee And Agent For The Witerana Family Trust immediately.

Reasons

The landlord attended the hearing. The tenant did not appear.
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 11 May 2024. The landlord provided rent records and 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord was unable to provide sufficient evidence to prove that the premises not left in a reasonably clean and tidy state. The claims for cleaning and vacuuming are not proven.
The lawns were left long therefore I award $87.50 for garden work which is calculated as $35 per hour for 2.5 hours work.
The tenant did not return one garage remote, but the landlord confirmed that the property was sold with only one. As the landlord has not suffered any loss, no award can be made.
I award $130.00 for rubbish removal as fair, reasonable and proportionate compensation.
I decline to make any award for the landlord’s additional travel costs.
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.
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 following damage was caused during the tenancy: oven was so dirty it had to be replaced and holes in walls were the curtain bracket was pulled off. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. I have also made an award for the time taken to re-hang 3 sets of curtains.
I have taken 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.
As Edward Tuhere Schatt As Trustee And Agent For The Witerana Family Trust has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4894409 — Rent arrears at 8A Snowden Street, Ohauiti, Tauranga 3112

At a glance

Tenancy Tribunal case 4894409 — Rent arrears at 8A Snowden Street, Ohauiti, Tauranga 3112

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

Property management

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

Property management

Frequently asked questions