What was Tenancy Tribunal case 4899401 about?

The tribunal order states: Mr Chapman and [Tenant 1 and 2] must pay [The landlord/s] $4,989.29

How much money was awarded in case 4899401?

Application Fee: $20.44 awarded to landlord; Cleaning: $310.50 awarded to landlord; Cleaning: $322.00 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Property Damage: $266.51 awarded to landlord; Rent Arrears: $5,200.28 awarded to landlord; Rubbish Removal: $280.00 awarded to landlord

What type of tenancy dispute was case 4899401?

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

Where can I read the official tribunal order for case 4899401?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11035225-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4899401 about?

The tribunal order states: Mr Chapman and [Tenant 1 and 2] must pay [The landlord/s] $4,989.29

How much money was awarded in case 4899401?

Application Fee: $20.44 awarded to landlord; Cleaning: $310.50 awarded to landlord; Cleaning: $322.00 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Property Damage: $266.51 awarded to landlord; Rent Arrears: $5,200.28 awarded to landlord; Rubbish Removal: $280.00 awarded to landlord

What type of tenancy dispute was case 4899401?

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

Where can I read the official tribunal order for case 4899401?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11035225-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 23 Waipapa Road, Hataitai, Wellington 6021 Tenancy Tribunal Case 4899401 — Rent arrears

Claims and awards in Tenancy Tribunal application 4899401 — net $5,009.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,200.28	Rent arrears
Carpet Cleaning	$310.50	Carpet Cleaning
Cleaning	$322.00	Cleaning
Rubbish removal	$280.00	Rubbish removal
painting and repairs	$1,150.00	painting and repairs
Lock/key replacement	$266.51	Lock/key replacement
Application fee	$20.44	Application fee
Net award	$5,009.73
Total payable by Tenant to Landlord	$5,009.73

Order

Mr Chapman and [Tenant 1 and 2] must pay [The landlord/s] $4,989.29 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,540.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord, Tenant 1 and Tenant 2 attended the hearing. Mr Chapman made no appearance.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy was on a fixed term which ran to 13 June 2024. It was terminated by order of the Tribunal on 27 March 2024, following antisocial behaviour from Mr Chapman and issues relating to Mr Chapman’s dog, which was causing issues for other tenants and neighbours.
The landlord attempted to re-enter but was unable to do so. Subsequently she sought enforcement for which she was required to pay the $200 fee.
On 10 April 2024, the order was enforced, and the landlord re-entered the property. Damage was found, and the premises were not left in a reasonably clean and tidy condition, for which compensation is sought. There was also a large quantity of damaged personal items and rubbish left around the property. The premises were re-tenanted on 28 May 2024.
The landlord seeks compensation for: a. arrears owing at the date of termination; b. the lost rent for the period between termination and the re-tenanting of the property; c. damages for cleaning, carpet cleaning, and rubbish removal; d. the cost to replace the locks on re-entry; e. damages for painting and repairs; and f. the filing and enforcement fees.

How much is owed for rent?

At the date of termination, arrears of $846 were owed. The landlord was unable to re-enter until 10 April 2024, the premises then needed cleaning, rubbish removals and repairs which took some weeks. The landlord advertised the property on Trademe and the new tenancy began on 28 May 2024.
When a tenant breaks a fixed term tenancy, the landlord has suffered the loss of the rent for the remainder of the term of the lease. In this case the tenancy was ended by order of the Tribunal, however, the reasons for the termination were Mr Chapman’s anti-social behaviour, and failure to control his dog. The causes of the termination were a tenant’s actions; therefore, the landlord has the right to seek shortfall in rent for the period during which the property was not, or could not, be tenanted. The landlord is obliged to take reasonable steps to mitigate the shortfall. In this case I am satisfied that the landlord re-tenanted the property as soon as she was able.
The landord’s shortfall was the rent for 6 weeks and 6 days during which the property was un-tenanted. This and the arrears owing at termination total $5,200.28.
I note that the fault for the arrears, the termination, and much of the damage sits with Mr Chapman, who did not attend the hearing. However, the tenancy agreement is a document which creates joint and several liability for tenants. In other words, each tenant is liable for the acts and omissions of other tenants. This means that despite the fact that Tenant 1 and Tenant 2 do not appear to have caused the issues which led to the termination and appear to have paid their share of the rent prior to termination, they are equally liable along with Mr Chapman. I feel considerable sympathy for the position Tenant 1 and Tenant 2 find themselves, however, the law is clear.

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. Photos show, amongst other things discarded; boxes, timber, full open beer bottles, several full WCC rubbish bags, blankets, a bicycle, tarpaulins, broken furniture, and a television. The stove and oven were left unclean, food was left in the kitchen, and the carpets in Mr Chapman’s room and the lounge a visibly grubby and apparently smelled of dog.
I accept that the cleaning and rubbish removal costs sought by the landlord are justified.
The landlord was forced to change the locks on re-entry due to the circumstances of the termination and re-entry.
The amounts ordered are proved. I award $310.50 for carpet cleaning, $322 for cleaning, $280 for rubbish removal, and $266.51 for replacing locks.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for the costs of remedying damage allegedly caused during the tenancy. 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: a. Damage to an internal door where Mr Chapman cut a hole for a pet-door for his dog; b. Scratch marks to paint work caused by the dog’s claws; and c. Nail holes in weatherboards, windowsills, and trim caused when Mr Chapman erected a fence to contain his dog (noting the fence was erected without consent).
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 taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenants 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 evidence is that the premises had ben freshly painted shortly before the tenancy began.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4899401 — net $5,009.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,200.28	Rent arrears
Carpet Cleaning	$310.50	Carpet Cleaning
Cleaning	$322.00	Cleaning
Rubbish removal	$280.00	Rubbish removal
painting and repairs	$1,150.00	painting and repairs
Lock/key replacement	$266.51	Lock/key replacement
Application fee	$20.44	Application fee
Net award	$5,009.73
Total payable by Tenant to Landlord	$5,009.73

Order

Mr Chapman and [Tenant 1 and 2] must pay [The landlord/s] $4,989.29 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,540.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord, Tenant 1 and Tenant 2 attended the hearing. Mr Chapman made no appearance.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy was on a fixed term which ran to 13 June 2024. It was terminated by order of the Tribunal on 27 March 2024, following antisocial behaviour from Mr Chapman and issues relating to Mr Chapman’s dog, which was causing issues for other tenants and neighbours.
The landlord attempted to re-enter but was unable to do so. Subsequently she sought enforcement for which she was required to pay the $200 fee.
On 10 April 2024, the order was enforced, and the landlord re-entered the property. Damage was found, and the premises were not left in a reasonably clean and tidy condition, for which compensation is sought. There was also a large quantity of damaged personal items and rubbish left around the property. The premises were re-tenanted on 28 May 2024.
The landlord seeks compensation for: a. arrears owing at the date of termination; b. the lost rent for the period between termination and the re-tenanting of the property; c. damages for cleaning, carpet cleaning, and rubbish removal; d. the cost to replace the locks on re-entry; e. damages for painting and repairs; and f. the filing and enforcement fees.

How much is owed for rent?

At the date of termination, arrears of $846 were owed. The landlord was unable to re-enter until 10 April 2024, the premises then needed cleaning, rubbish removals and repairs which took some weeks. The landlord advertised the property on Trademe and the new tenancy began on 28 May 2024.
When a tenant breaks a fixed term tenancy, the landlord has suffered the loss of the rent for the remainder of the term of the lease. In this case the tenancy was ended by order of the Tribunal, however, the reasons for the termination were Mr Chapman’s anti-social behaviour, and failure to control his dog. The causes of the termination were a tenant’s actions; therefore, the landlord has the right to seek shortfall in rent for the period during which the property was not, or could not, be tenanted. The landlord is obliged to take reasonable steps to mitigate the shortfall. In this case I am satisfied that the landlord re-tenanted the property as soon as she was able.
The landord’s shortfall was the rent for 6 weeks and 6 days during which the property was un-tenanted. This and the arrears owing at termination total $5,200.28.
I note that the fault for the arrears, the termination, and much of the damage sits with Mr Chapman, who did not attend the hearing. However, the tenancy agreement is a document which creates joint and several liability for tenants. In other words, each tenant is liable for the acts and omissions of other tenants. This means that despite the fact that Tenant 1 and Tenant 2 do not appear to have caused the issues which led to the termination and appear to have paid their share of the rent prior to termination, they are equally liable along with Mr Chapman. I feel considerable sympathy for the position Tenant 1 and Tenant 2 find themselves, however, the law is clear.

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. Photos show, amongst other things discarded; boxes, timber, full open beer bottles, several full WCC rubbish bags, blankets, a bicycle, tarpaulins, broken furniture, and a television. The stove and oven were left unclean, food was left in the kitchen, and the carpets in Mr Chapman’s room and the lounge a visibly grubby and apparently smelled of dog.
I accept that the cleaning and rubbish removal costs sought by the landlord are justified.
The landlord was forced to change the locks on re-entry due to the circumstances of the termination and re-entry.
The amounts ordered are proved. I award $310.50 for carpet cleaning, $322 for cleaning, $280 for rubbish removal, and $266.51 for replacing locks.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for the costs of remedying damage allegedly caused during the tenancy. 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: a. Damage to an internal door where Mr Chapman cut a hole for a pet-door for his dog; b. Scratch marks to paint work caused by the dog’s claws; and c. Nail holes in weatherboards, windowsills, and trim caused when Mr Chapman erected a fence to contain his dog (noting the fence was erected without consent).
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 taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenants 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 evidence is that the premises had ben freshly painted shortly before the tenancy began.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4899401 — Rent arrears at Unit/Flat 2, 23 Waipapa Road, Hataitai, Wellington 6021

At a glance

Tenancy Tribunal case 4899401 — Rent arrears at Unit/Flat 2, 23 Waipapa Road, Hataitai, Wellington 6021

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