What was Tenancy Tribunal case 4919234 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4919234?

Cleaning: $3,200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $4,025.00 awarded to landlord; Rent Arrears: $9,670.00 awarded to landlord; Replace Furnishings: $1,292.25 awarded to landlord; Rubbish Removal: $2,055.05 awarded to landlord

What type of tenancy dispute was case 4919234?

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

Where can I read the official tribunal order for case 4919234?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11149597-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4919234 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4919234?

Cleaning: $3,200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $4,025.00 awarded to landlord; Rent Arrears: $9,670.00 awarded to landlord; Replace Furnishings: $1,292.25 awarded to landlord; Rubbish Removal: $2,055.05 awarded to landlord

What type of tenancy dispute was case 4919234?

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

Where can I read the official tribunal order for case 4919234?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11149597-Tribunal_Order_Redacted.pdf.

17 Gilbert Road, Otara, Auckland 2023 Tenancy Tribunal Case 4919234 — Rent arrears

Claims and awards in Tenancy Tribunal application 4919234 — net $17,502.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$9,670.00	Rent arrears
Rubbish removal	$2,055.05	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs	$4,025.00	Repairs
Cleaning: lawns, carpets, full house clean	$3,200.00	Cleaning: lawns, carpets, full house clean
Replace furnishings	$1,292.25	Replace furnishings
Net award	$17,502.74
Total payable by Tenant to Landlord	$17,502.74

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Me Elizabeth Ulugia must pay [The landlord/s] $17,502.74 immediately, being rent arrears to 7 May 2024, repairs, rubbish removal, replacing furnishing and cleaning, as set out and calculated below: DescriptionLandlord Rent arrears$9,670.00 Rubbish removal$2,055.05 Filing fee reimbursement$20.44 Repairs$4,025.00 Cleaning: lawns, carpets, full house clean$3,200.00 Replace furnishings$1,292.25 Total award$20,262.74 Minus Bond-$2,760.00 Total payable by Tenant to Landlord$17,502.74
The Bond Centre is to pay the bond of $2,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlords attended the hearing, the tenant did not attend.
The landlords have 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 7 May 2024. The landlord provided rent records which prove the amount of $9670.00 owing at the end of the tenancy.
The last rent payment made by the tenant was 6 February 2024. The landlord became aware that the tenant was not staying in the house. On 16 April 2024, the tenant advised the landlord that she had left the property.
The rent arrears cover the 28 days in lieu of notice as well of the existing rent arrears.
I am satisfied that the landlord has proven their claim for rent arrears.

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.
This was one of the filthiest properties that I have seen.
The landlord provided reports and extensive photos of the property before the commencement of the tenancy and after the end of the tenancy.
The tenant left the property in a disgusting dirty condition, with rubbish, unwanted possessions and furniture littering the inside and outside of the property.
The landlord has provided the Tribunal with invoices to show the work that had to be carried out to bring this property back into a reasonable condition. The cleaning took a team of 3 over 80 hours to clean and mow the lawns and tidy the gardens, which cost $3200.00.
Rubbish removal invoices were $2055.05.
The following chattels were missing at the end of the tenancy: -The curtains had to be replaced at a cost of $1844.25. I am deducting 30% depreciation from the costs given then age of the blinds, which means the cost for the blinds to the tenant are $1292.25.
I am satisfied from the reports, photos, and invoices that these costs were reasonable and necessary. I am satisfied that the landlord has proven their claims.

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: -Multiple holes in the walls throughout the house and paint work damaged. -Broken windows -Ripped and heavily stained carpet. The carpet had to be replaced by the landlord, however, they are not seeking to claim the cost of the carpet replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided an extensive report on the scope of the work needed to repair the property, such as the filling, preparation and repainting of the walls and ceilings.
The costs of the repairs to the landlord were $5750.00.
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 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.
As a result of depreciation, I have taken 30 % off the total invoice for the repairs.
I find the tenants liability for the repairs are $4025.00.
The landlord has applied for suppression of their name and identifying details. As they have been successful, I will grant suppression.
The bond is to be refunded to the landlord from the bond centre immediately to offset the debt owed by the tenant to the landlord.
As the landlord has been successful with their application, I must award the filing fee.

Claims and awards in Tenancy Tribunal application 4919234 — net $17,502.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$9,670.00	Rent arrears
Rubbish removal	$2,055.05	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs	$4,025.00	Repairs
Cleaning: lawns, carpets, full house clean	$3,200.00	Cleaning: lawns, carpets, full house clean
Replace furnishings	$1,292.25	Replace furnishings
Net award	$17,502.74
Total payable by Tenant to Landlord	$17,502.74

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Me Elizabeth Ulugia must pay [The landlord/s] $17,502.74 immediately, being rent arrears to 7 May 2024, repairs, rubbish removal, replacing furnishing and cleaning, as set out and calculated below: DescriptionLandlord Rent arrears$9,670.00 Rubbish removal$2,055.05 Filing fee reimbursement$20.44 Repairs$4,025.00 Cleaning: lawns, carpets, full house clean$3,200.00 Replace furnishings$1,292.25 Total award$20,262.74 Minus Bond-$2,760.00 Total payable by Tenant to Landlord$17,502.74
The Bond Centre is to pay the bond of $2,760.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlords attended the hearing, the tenant did not attend.
The landlords have 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 7 May 2024. The landlord provided rent records which prove the amount of $9670.00 owing at the end of the tenancy.
The last rent payment made by the tenant was 6 February 2024. The landlord became aware that the tenant was not staying in the house. On 16 April 2024, the tenant advised the landlord that she had left the property.
The rent arrears cover the 28 days in lieu of notice as well of the existing rent arrears.
I am satisfied that the landlord has proven their claim for rent arrears.

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.
This was one of the filthiest properties that I have seen.
The landlord provided reports and extensive photos of the property before the commencement of the tenancy and after the end of the tenancy.
The tenant left the property in a disgusting dirty condition, with rubbish, unwanted possessions and furniture littering the inside and outside of the property.
The landlord has provided the Tribunal with invoices to show the work that had to be carried out to bring this property back into a reasonable condition. The cleaning took a team of 3 over 80 hours to clean and mow the lawns and tidy the gardens, which cost $3200.00.
Rubbish removal invoices were $2055.05.
The following chattels were missing at the end of the tenancy: -The curtains had to be replaced at a cost of $1844.25. I am deducting 30% depreciation from the costs given then age of the blinds, which means the cost for the blinds to the tenant are $1292.25.
I am satisfied from the reports, photos, and invoices that these costs were reasonable and necessary. I am satisfied that the landlord has proven their claims.

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: -Multiple holes in the walls throughout the house and paint work damaged. -Broken windows -Ripped and heavily stained carpet. The carpet had to be replaced by the landlord, however, they are not seeking to claim the cost of the carpet replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided an extensive report on the scope of the work needed to repair the property, such as the filling, preparation and repainting of the walls and ceilings.
The costs of the repairs to the landlord were $5750.00.
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 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.
As a result of depreciation, I have taken 30 % off the total invoice for the repairs.
I find the tenants liability for the repairs are $4025.00.
The landlord has applied for suppression of their name and identifying details. As they have been successful, I will grant suppression.
The bond is to be refunded to the landlord from the bond centre immediately to offset the debt owed by the tenant to the landlord.
As the landlord has been successful with their application, I must award the filing fee.

Tenancy Tribunal case 4919234 — Rent arrears at 17 Gilbert Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4919234 — Rent arrears at 17 Gilbert Road, Otara, Auckland 2023

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