What was Tenancy Tribunal case 4911104 about?

The tribunal order states: The requirement for service is dispensed with. I directed the hearing proceed

How much money was awarded in case 4911104?

Cleaning: $316.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,535.71 awarded to landlord; Property Damage: $200.00 awarded to landlord

What type of tenancy dispute was case 4911104?

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

Where can I read the official tribunal order for case 4911104?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11148342-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4911104 about?

The tribunal order states: The requirement for service is dispensed with. I directed the hearing proceed

How much money was awarded in case 4911104?

Cleaning: $316.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,535.71 awarded to landlord; Property Damage: $200.00 awarded to landlord

What type of tenancy dispute was case 4911104?

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

Where can I read the official tribunal order for case 4911104?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11148342-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4911104 — Rent arrears

Claims and awards in Tenancy Tribunal application 4911104 — net $3,072.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 31/01/24	$2,535.71	Rent arrears (to 31/01/24
Carpet Cleaning	$316.25	Carpet Cleaning
Repairs: replace carpet where damaged from cat	$200.00	Repairs: replace carpet where damaged from cat
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,072.40
Total payable by Tenant to Landlord	$3,072.40

Order

The requirement for service is dispensed with. I directed the hearing proceed as if the notice or other documents had been served on the tenant in accordance with the Residential Tenancies Act 1986 (RTA).
An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
John Willam Rapana must pay [the landlord] $3,072.40 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I tried to contact the tenant by phone and got his voicemail. I was unable to leave a voice mail as the mailbox was full and cut off. Service of notice of hearing on tenant
The tenancy ended on 31 January 2024. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 10 June 2024.
Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”
The landlord gave evidence that: a. The tenant has confirmed to him, via email, the company the tenant works for has a new 2-year development project in Stanmore Bay, the tenant needs to move there and intends to live in hotels. Therefore, the landlord has been unable to find a specific residential address for the tenant; b. The landlord has provided the Tribunal with the tenant’s current mobile phone number and the name and contact details of the company he works for; c. The landlord has tried to contact the tenant regarding this proceeding and has had no response from his email address since 20 June 2024 and he does not answer his mobile phone; d. The tenant has not provided the landlord with a solicitor or other agent of the tenant that she has duly authorised to receive service on her behalf; e. Tenancy Services sent the tenant the notice of hearing by email on 9 November 2024 to the tenant’s private and work email addresses and text him a reminder about the hearing on the same day.
I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA. Landlord claims
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 31 January 2024. The landlord provided rent records 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 tenant did not leave the premises reasonably clean and tidy. The carpet had damage from the tenant’s pet cat that required a deep carpet clean to remove.
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 landlord gave evidence that before the tenant moved out he promised via email to pay the carpet deep cleaning fee. He says the tenant accepted the carpet was damaged and needed deep cleaning because, sometime in the middle of his tenancy, his girlfriend got a cat without the landlord’s consent and the cat scratched and stained the carpet. Further, the landlord says two days before the tenant moved out, he went to the tenancy address to confirm the moving out date, and saw the tenant check the confirmation email in front of him and says the tenant confirmed to the landlord that he would pay the rent arrears.
The landlord has proven the tenant’s cat scratched an area of the carpet that has caused careless damage during the tenancy. 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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 4911104 — net $3,072.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 31/01/24	$2,535.71	Rent arrears (to 31/01/24
Carpet Cleaning	$316.25	Carpet Cleaning
Repairs: replace carpet where damaged from cat	$200.00	Repairs: replace carpet where damaged from cat
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,072.40
Total payable by Tenant to Landlord	$3,072.40

Order

The requirement for service is dispensed with. I directed the hearing proceed as if the notice or other documents had been served on the tenant in accordance with the Residential Tenancies Act 1986 (RTA).
An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
John Willam Rapana must pay [the landlord] $3,072.40 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I tried to contact the tenant by phone and got his voicemail. I was unable to leave a voice mail as the mailbox was full and cut off. Service of notice of hearing on tenant
The tenancy ended on 31 January 2024. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 10 June 2024.
Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”
The landlord gave evidence that: a. The tenant has confirmed to him, via email, the company the tenant works for has a new 2-year development project in Stanmore Bay, the tenant needs to move there and intends to live in hotels. Therefore, the landlord has been unable to find a specific residential address for the tenant; b. The landlord has provided the Tribunal with the tenant’s current mobile phone number and the name and contact details of the company he works for; c. The landlord has tried to contact the tenant regarding this proceeding and has had no response from his email address since 20 June 2024 and he does not answer his mobile phone; d. The tenant has not provided the landlord with a solicitor or other agent of the tenant that she has duly authorised to receive service on her behalf; e. Tenancy Services sent the tenant the notice of hearing by email on 9 November 2024 to the tenant’s private and work email addresses and text him a reminder about the hearing on the same day.
I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA. Landlord claims
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 31 January 2024. The landlord provided rent records 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 tenant did not leave the premises reasonably clean and tidy. The carpet had damage from the tenant’s pet cat that required a deep carpet clean to remove.
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 landlord gave evidence that before the tenant moved out he promised via email to pay the carpet deep cleaning fee. He says the tenant accepted the carpet was damaged and needed deep cleaning because, sometime in the middle of his tenancy, his girlfriend got a cat without the landlord’s consent and the cat scratched and stained the carpet. Further, the landlord says two days before the tenant moved out, he went to the tenancy address to confirm the moving out date, and saw the tenant check the confirmation email in front of him and says the tenant confirmed to the landlord that he would pay the rent arrears.
The landlord has proven the tenant’s cat scratched an area of the carpet that has caused careless damage during the tenancy. 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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 4911104 — Rent arrears

At a glance

Tenancy Tribunal case 4911104 — 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