What was the outcome of Tenancy Tribunal case 4915115?

The tribunal order states: Roeick Gary James Cooney, Sheylee Jonaya Krislyn Sarah Coromandel,

How much money was awarded in case 4915115?

Filing Fee: $20.44 awarded to landlord; Property Damage: $699.13 awarded to landlord; Rent Arrears: $15,045.27 awarded to landlord; Rubbish Removal: $3,465.00 awarded to landlord; Rubbish Removal: $740.01 awarded to landlord

What type of tenancy dispute was case 4915115?

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

Where can I read the official tribunal order for case 4915115?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11218302-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4915115?

The tribunal order states: Roeick Gary James Cooney, Sheylee Jonaya Krislyn Sarah Coromandel,

How much money was awarded in case 4915115?

Filing Fee: $20.44 awarded to landlord; Property Damage: $699.13 awarded to landlord; Rent Arrears: $15,045.27 awarded to landlord; Rubbish Removal: $3,465.00 awarded to landlord; Rubbish Removal: $740.01 awarded to landlord

What type of tenancy dispute was case 4915115?

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

Where can I read the official tribunal order for case 4915115?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11218302-Tribunal_Order.pdf.

95 Aquarius Drive, Kawaha Point, Rotorua 3010 Tenancy Tribunal Case 4915115 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4915115 — net $16,409.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/3/2024	$15,045.27	Rent arrears to 24/3/2024
Window repairs – reglaze 4 windows	$699.13	Window repairs – reglaze 4 windows
Rubbish removal: skip bin	$740.01	Rubbish removal: skip bin
Repairs: to walls and doors and cleaning and lawn mowing and rubbish removal labour costs	$3,465.00	Repairs: to walls and doors and cleaning and lawn mowing and rubbish removal labour costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$16,409.85
Total payable by Tenant to Landlord	$16,409.85

Only the applicant landlord attended the hearing. The tenants did not join the video meeting and could not be contacted on the numbers provided for them.

As noted in the previous order, the hearing proceeded in their absence.

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 24 March 2024 which was a date the parties agreed on. 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, and did not remove all rubbish. The lawns and section were overgrown and strewn with rubbish. The cleaning and rubbish removal claims are reduced as the hourly rate of $70 is not considered reasonable, in light of the landlord’s duty to mitigate costs. $40 per hour is substituted as a more reasonable charge for what is relatively unskilled work.

The landlord had to replace light bulbs and smoke alarm batteries.

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 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: several windows were broken and several walls and doors had holes that needed repair and repainting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The claim for replacement of a leaking tap is dismissed as this is likely to be due to fair wear and tear

The amounts ordered are proved.

I have not taken into account betterment and depreciation. The landlord has claimed only actual repair costs and painting to specific areas to achieve that repair and is therefore not in a better position than he would be had the damage not occurred.

The claim is successful, so the filing fee is to be paid by the tenants.

Name suppression was not requested for the landlord. The public interest requires the tenants’ names be published.

Claims and awards in Tenancy Tribunal application 4915115 — net $16,409.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/3/2024	$15,045.27	Rent arrears to 24/3/2024
Window repairs – reglaze 4 windows	$699.13	Window repairs – reglaze 4 windows
Rubbish removal: skip bin	$740.01	Rubbish removal: skip bin
Repairs: to walls and doors and cleaning and lawn mowing and rubbish removal labour costs	$3,465.00	Repairs: to walls and doors and cleaning and lawn mowing and rubbish removal labour costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$16,409.85
Total payable by Tenant to Landlord	$16,409.85

Order

Roeick Gary James Cooney, Sheylee Jonaya Krislyn Sarah Coromandel, Brooklyn Mania Coromandel and Keara Coromandel must pay Arent1 Limited $16,409.85 immediately, calculated as shown in table below.
The bond center is to refund the bond of $3,560 to the landlord immediately.

Reasons

Only the applicant landlord attended the hearing. The tenants did not join the video meeting and could not be contacted on the numbers provided for them.
As noted in the previous order, the hearing proceeded in their absence.
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 24 March 2024 which was a date the parties agreed on. 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, and did not remove all rubbish. The lawns and section were overgrown and strewn with rubbish. The cleaning and rubbish removal claims are reduced as the hourly rate of $70 is not considered reasonable, in light of the landlord’s duty to mitigate costs. $40 per hour is substituted as a more reasonable charge for what is relatively unskilled work.
The landlord had to replace light bulbs and smoke alarm batteries.
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 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: several windows were broken and several walls and doors had holes that needed repair and repainting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claim for replacement of a leaking tap is dismissed as this is likely to be due to fair wear and tear
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The landlord has claimed only actual repair costs and painting to specific areas to achieve that repair and is therefore not in a better position than he would be had the damage not occurred.
The claim is successful, so the filing fee is to be paid by the tenants.
Name suppression was not requested for the landlord. The public interest requires the tenants’ names be published.

Tenancy Tribunal case 4915115 — Rent arrears at 95 Aquarius Drive, Kawaha Point, Rotorua 3010

At a glance

Tenancy Tribunal case 4915115 — Rent arrears at 95 Aquarius Drive, Kawaha Point, Rotorua 3010

At a glance

Award balance

Claims & awards

Dismissed claims

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

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

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

Property management

Frequently asked questions