What was Tenancy Tribunal case 4914094 about?

The tribunal order states: Tania Tonga must pay [The landlord/s] $5,390.00 immediately, calculated as

How much money was awarded in case 4914094?

Cleaning: $150.00 awarded to landlord; Cleaning: $360.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rent Arrears: $4,700.00 awarded to landlord; Replace Duvet: $30.00 awarded to landlord

What type of tenancy dispute was case 4914094?

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

Where can I read the official tribunal order for case 4914094?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10779275-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4914094 about?

The tribunal order states: Tania Tonga must pay [The landlord/s] $5,390.00 immediately, calculated as

How much money was awarded in case 4914094?

Cleaning: $150.00 awarded to landlord; Cleaning: $360.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rent Arrears: $4,700.00 awarded to landlord; Replace Duvet: $30.00 awarded to landlord

What type of tenancy dispute was case 4914094?

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

Where can I read the official tribunal order for case 4914094?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10779275-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4914094 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4914094 — net $5,390.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,700.00	Rent arrears
Cleaning	$360.00	Cleaning
Carpet Cleaning	$150.00	Carpet Cleaning
Repairs	$150.00	Repairs
Replace duvet	$30.00	t of the tenancy and their likely useful lifespan. The tenant is ordered to pay $30.00 in compensation.
Net award	$5,390.00
Total payable by Tenant to Landlord	$5,390.00

Both parties attended this video hearing.

The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 23 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $4,700.00.

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 - 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. The landlord provided photos in support of the claim. Cleaning and carpet cleaning were required to bring the premises to a reasonably clean and tidy standard.

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:

There is a hole in the laundry wall. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claim of repairs is

00.

A queen size duvet was damaged. The make up stains could not be removed. The duvet was only a matter of months old. The landlord claims $50.00 for a replacement. 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. The tenant is ordered to pay $30.00 in compensation.

A coffee table was damaged. The burden of proving that the damage occurred during the tenancy and was more than fair wear and tear is on the landlord. The photo indicates that the damage may have resulted from fair wear and tear. The claim is dismissed.

The amounts ordered are proved.

Both parties applied for name suppression. The landlord has been substantially successful and suppression of the landlord name and details is ordered. The tenant has not been wholly or substantially successful and the tenant application for suppression is dismissed.

Claims and awards in Tenancy Tribunal application 4914094 — net $5,390.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,700.00	Rent arrears
Cleaning	$360.00	Cleaning
Carpet Cleaning	$150.00	Carpet Cleaning
Repairs	$150.00	Repairs
Replace duvet	$30.00	t of the tenancy and their likely useful lifespan. The tenant is ordered to pay $30.00 in compensation.
Net award	$5,390.00
Total payable by Tenant to Landlord	$5,390.00

Order

Tania Tonga must pay [The landlord/s] $5,390.00 immediately, calculated as shown in table below.

Reasons

Both parties attended this video hearing.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 23 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $4,700.00.

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 - 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. The landlord provided photos in support of the claim. Cleaning and carpet cleaning were required to bring the premises to a reasonably clean and tidy standard.
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:
There is a hole in the laundry wall. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claim of repairs is
00.
A queen size duvet was damaged. The make up stains could not be removed. The duvet was only a matter of months old. The landlord claims $50.00 for a replacement. 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. The tenant is ordered to pay $30.00 in compensation.
A coffee table was damaged. The burden of proving that the damage occurred during the tenancy and was more than fair wear and tear is on the landlord. The photo indicates that the damage may have resulted from fair wear and tear. The claim is dismissed.
The amounts ordered are proved.
Both parties applied for name suppression. The landlord has been substantially successful and suppression of the landlord name and details is ordered. The tenant has not been wholly or substantially successful and the tenant application for suppression is dismissed.

Tenancy Tribunal case 4914094 — Rent arrears

At a glance

Tenancy Tribunal case 4914094 — 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