What was the outcome of Tenancy Tribunal case 4904473?

The tribunal order states: Jayden Morgan and Colleen Henwood must pay Powell & Co Property

How much money was awarded in case 4904473?

Cleaning: $487.60 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent From 1.5.24.To 30.5.24: $2,035.71 awarded to landlord; Property Damage: $194.35 awarded to landlord; Rent Arrears: $2,442.86 awarded to landlord; Property Damage: $1,932.00 awarded to landlord; Replace Missing Heat Pump Remote: $150.00 awarded to landlord; Rubbish Removal: $2,070.00 awarded to landlord

What type of tenancy dispute was case 4904473?

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

Where can I read the official tribunal order for case 4904473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10472383-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4904473?

The tribunal order states: Jayden Morgan and Colleen Henwood must pay Powell & Co Property

How much money was awarded in case 4904473?

Cleaning: $487.60 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent From 1.5.24.To 30.5.24: $2,035.71 awarded to landlord; Property Damage: $194.35 awarded to landlord; Rent Arrears: $2,442.86 awarded to landlord; Property Damage: $1,932.00 awarded to landlord; Replace Missing Heat Pump Remote: $150.00 awarded to landlord; Rubbish Removal: $2,070.00 awarded to landlord

What type of tenancy dispute was case 4904473?

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

Where can I read the official tribunal order for case 4904473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10472383-Tenancy_Tribunal_Order.pdf.

Unit/Flat 7, 30 Treadwell Street, Naenae, Lower Hutt 5011 Tenancy Tribunal Case 4904473 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4904473 — net $9,332.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 26.3.24 to 30.4.24	$2,442.86	Rent arrears from 26.3.24 to 30.4.24
Cleaning	$487.60	Cleaning
Rubbish removal	$2,070.00	Rubbish removal
Lock/key replacement	$194.35	Lock/key replacement
Replace missing heat pump remote	$150.00	Replace missing heat pump remote
Repairs: Walls, doors and ceiling damage	$1,932.00	Repairs: Walls, doors and ceiling damage
Loss of rent from 1.5.24.to 30.5.24	$2,035.71	Loss of rent from 1.5.24.to 30.5.24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,332.96
Total payable by Tenant to Landlord	$9,332.96

The landlord attended the hearing. There was no appearance by the tenants.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended by order of the Tribunal under application 4810498 on 25 March 2024 and an order for arrears and refund of the bond was made to that date. However, the landlord provided evidence that the tenant did not vacate the property and was evicted by a bailiff following an enforcement application issued by the District Court. The eviction took place on 30 April 2024. Therefore, the landlord is entitled to further rent owed to that date. The landlord provided rent records which prove the amount owing.

Is the landlord entitled to loss of rent?

This was a fixed term tenancy commencing on 20 October 2023 and not due to end until 19 October 2024. However, the landlord was forced to obtain an order terminating the tenancy for rent arrears. Once the landlord obtained possession, there was significant cleaning, rubbish removal and repair work required which delayed the landlord’s ability to re-let the premises, as detailed further below. Therefore, the landlord seeks loss of rent until 30 May 2024, by which time the cleaning and repairs had been completed and the premises were able to be re- advertised for rent.

I am satisfied on the evidence that the landlord took all reasonable steps to mitigate their losses following the tenant’s breach of the tenancy agreement and following termination of the tenancy, as required by section 49 Residential Tenancies Act 1986 (RTA). I consider the loss of rent sought until the premises could be re-advertised is reasonable and justified.

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) RTA.

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

The tenant did not return the keys.

The heat pump remote was missing at the end of the tenancy and had to be replaced by the landlord.

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: front entrance window unit and frame was broken; holes in the kitchen cupboard door, and a door in bedroom 2; holes on the kitchen wall and ceiling; graffiti on the lounge wall concrete blocks; broken window frame in bedroom 1. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was likely intentional damage.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 4904473 — net $9,332.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 26.3.24 to 30.4.24	$2,442.86	Rent arrears from 26.3.24 to 30.4.24
Cleaning	$487.60	Cleaning
Rubbish removal	$2,070.00	Rubbish removal
Lock/key replacement	$194.35	Lock/key replacement
Replace missing heat pump remote	$150.00	Replace missing heat pump remote
Repairs: Walls, doors and ceiling damage	$1,932.00	Repairs: Walls, doors and ceiling damage
Loss of rent from 1.5.24.to 30.5.24	$2,035.71	Loss of rent from 1.5.24.to 30.5.24
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,332.96
Total payable by Tenant to Landlord	$9,332.96

Order

Jayden Morgan and Colleen Henwood must pay Powell & Co Property Management Limited $9,332.96 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. There was no appearance by the tenants.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended by order of the Tribunal under application 4810498 on 25 March 2024 and an order for arrears and refund of the bond was made to that date. However, the landlord provided evidence that the tenant did not vacate the property and was evicted by a bailiff following an enforcement application issued by the District Court. The eviction took place on 30 April 2024. Therefore, the landlord is entitled to further rent owed to that date. The landlord provided rent records which prove the amount owing.

Is the landlord entitled to loss of rent?

This was a fixed term tenancy commencing on 20 October 2023 and not due to end until 19 October 2024. However, the landlord was forced to obtain an order terminating the tenancy for rent arrears. Once the landlord obtained possession, there was significant cleaning, rubbish removal and repair work required which delayed the landlord’s ability to re-let the premises, as detailed further below. Therefore, the landlord seeks loss of rent until 30 May 2024, by which time the cleaning and repairs had been completed and the premises were able to be re- advertised for rent.
I am satisfied on the evidence that the landlord took all reasonable steps to mitigate their losses following the tenant’s breach of the tenancy agreement and following termination of the tenancy, as required by section 49 Residential Tenancies Act 1986 (RTA). I consider the loss of rent sought until the premises could be re-advertised is reasonable and justified.

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) RTA.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The heat pump remote was missing at the end of the tenancy and had to be replaced by the landlord.
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: front entrance window unit and frame was broken; holes in the kitchen cupboard door, and a door in bedroom 2; holes on the kitchen wall and ceiling; graffiti on the lounge wall concrete blocks; broken window frame in bedroom 1. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was likely intentional damage.
The amounts ordered are proved.

Tenancy Tribunal case 4904473 — Rent arrears at Unit/Flat 7, 30 Treadwell Street, Naenae, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4904473 — Rent arrears at Unit/Flat 7, 30 Treadwell Street, Naenae, Lower Hutt 5011

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the landlord entitled to loss of 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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the landlord entitled to loss of 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

Property management

Frequently asked questions