What was Tenancy Tribunal case 4899140 about?

The tribunal order states: Cody Allan McConnell must pay [The landlord/s] $9,519.99 immediately,

How much money was awarded in case 4899140?

Cleaning: $1,001.94 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $647.35 awarded to landlord; Property Damage: $168.00 awarded to landlord; Property Damage: $2,152.80 awarded to landlord; Rent Arrears: $4,885.71 awarded to landlord; Rubbish Removal: $2,443.75 awarded to landlord

What type of tenancy dispute was case 4899140?

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

Where can I read the official tribunal order for case 4899140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10798133-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4899140 about?

The tribunal order states: Cody Allan McConnell must pay [The landlord/s] $9,519.99 immediately,

How much money was awarded in case 4899140?

Cleaning: $1,001.94 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $647.35 awarded to landlord; Property Damage: $168.00 awarded to landlord; Property Damage: $2,152.80 awarded to landlord; Rent Arrears: $4,885.71 awarded to landlord; Rubbish Removal: $2,443.75 awarded to landlord

What type of tenancy dispute was case 4899140?

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

Where can I read the official tribunal order for case 4899140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10798133-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4899140 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4899140 — net $9,519.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22/5/24	$4,885.71	Rent arrears to 22/5/24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Rubbish removal	$2,443.75	Rubbish removal
Cleaning	$1,001.94	Cleaning
Window repairs	$647.35	Window repairs
Lock/key replacement	$168.00	Lock/key replacement
Repairs	$2,152.80	Repairs
Net award	$9,519.99
Total payable by Tenant to Landlord	$9,519.99

The landlord attended the hearing by phone. Two attempts were made to contact the tenant on the phone number provided but that was unsuccessful. I am satisfied the tenant received notice of 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 tenancy.

How much is owed for rent?

The tenancy ended on 22 May 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy being $4885.71.

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 premises were left in a very unclean condition and there was a large volume of furniture and rubbish to be disposed of.

The tenant did not return the keys.

Three smoke alarms were missing as were 3 light bulbs.

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 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.

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: •Cupboard doors in the kitchen and the bathroom had been removed and required refitting. •One door in a bedroom and one in the kitchen were badly damaged and required replacement. •Curtain rails, curtains and wires required rehanging. •There were many holes in the walls throughout the premises that required repair and painting. •Three windows were broken.

Given the nature and extent of the damage I find it is more likely than not the damage was caused intentionally. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As the landlord has been successful in the claim their name and identifying details are suppressed and the filing fee is awarded.

Claims and awards in Tenancy Tribunal application 4899140 — net $9,519.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22/5/24	$4,885.71	Rent arrears to 22/5/24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Rubbish removal	$2,443.75	Rubbish removal
Cleaning	$1,001.94	Cleaning
Window repairs	$647.35	Window repairs
Lock/key replacement	$168.00	Lock/key replacement
Repairs	$2,152.80	Repairs
Net award	$9,519.99
Total payable by Tenant to Landlord	$9,519.99

Order

Cody Allan McConnell must pay [The landlord/s] $9,519.99 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing by phone. Two attempts were made to contact the tenant on the phone number provided but that was unsuccessful. I am satisfied the tenant received notice of 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 tenancy.

How much is owed for rent?

The tenancy ended on 22 May 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy being $4885.71.

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 premises were left in a very unclean condition and there was a large volume of furniture and rubbish to be disposed of.
The tenant did not return the keys.
Three smoke alarms were missing as were 3 light bulbs.
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 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.
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: •Cupboard doors in the kitchen and the bathroom had been removed and required refitting. •One door in a bedroom and one in the kitchen were badly damaged and required replacement. •Curtain rails, curtains and wires required rehanging. •There were many holes in the walls throughout the premises that required repair and painting. •Three windows were broken.
Given the nature and extent of the damage I find it is more likely than not the damage was caused intentionally. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As the landlord has been successful in the claim their name and identifying details are suppressed and the filing fee is awarded.

Tenancy Tribunal case 4899140 — Rent arrears

At a glance

Tenancy Tribunal case 4899140 — Rent arrears

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