What was Tenancy Tribunal case 4923978 about?

The tribunal order states: Ngapera Hinera Climie must pay [The landlord/s] $1,214.68 immediately,

How much money was awarded in case 4923978?

Filing Fee: $20.44 awarded to landlord; Property Damage: $319.70 awarded to landlord; Rent Arrears: $1,675.71 awarded to landlord; Rubbish Removal: $546.25 awarded to landlord; Water Rates: $492.58 awarded to landlord

What type of tenancy dispute was case 4923978?

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

Where can I read the official tribunal order for case 4923978?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10929587-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4923978 about?

The tribunal order states: Ngapera Hinera Climie must pay [The landlord/s] $1,214.68 immediately,

How much money was awarded in case 4923978?

Filing Fee: $20.44 awarded to landlord; Property Damage: $319.70 awarded to landlord; Rent Arrears: $1,675.71 awarded to landlord; Rubbish Removal: $546.25 awarded to landlord; Water Rates: $492.58 awarded to landlord

What type of tenancy dispute was case 4923978?

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

Where can I read the official tribunal order for case 4923978?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10929587-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4923978 — Rent arrears

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New Zealand Tenancy Tribunal Case 4923978 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4923978 — net $1,214.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10.6.2024	$1,675.71	Rent arrears to 10.6.2024
Cleaning rubbish removal & repairs	$546.25	Cleaning rubbish removal & repairs
Window repairs	$319.70	Window repairs
Water rates	$492.58	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,214.68
Total payable by Tenant to Landlord	$1,214.68

Claims and awards for application 4923978 — net $1,214.68 NZD. Verify on MoJ.

Rent arrears to 10.6.2024

Amount: $1,675.71
Awarded to: Landlord
Reason: Rent arrears to 10.6.2024

Cleaning rubbish removal & repairs

Amount: $546.25
Awarded to: Landlord
Reason: Cleaning rubbish removal & repairs

Window repairs

Amount: $319.70
Awarded to: Landlord
Reason: Window repairs

Water rates

Amount: $492.58
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Ngapera Hinera Climie must pay [The landlord/s] $1,214.68 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,840.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
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 and water rates?

This was a fixed term tenancy not due to expire until 17 June 2024. However, the tenant advised the landlord on 10 May 2024 that she had found another place to live and wished to give notice and would confirm the date. The landlord advised by email dated 13 May 2024 that they agreed to release the tenant from the fixed term tenancy early provided she gave 28 days’ notice. They advised her that 28 days’ notice given that day would terminate the tenancy on 10 June 2024.
The tenant did not give notice but advised on 28 May that she had vacated the premises on 21 May. However, the landlord is happy to accept that 28 days’ notice was given by the tenant so that rent is payable to 10 June 2024.
The landlord provided rent records and water rates invoices 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 as shown in the photos produced in evidence.
The invoice for cleaning and rubbish removal also included some touch up plastering and painting repairs which I accept the tenant is liable for as detailed below. While the amount claimed is a global sum and not itemised for each task, I am satisfied that the overall amount claimed is reasonable for the work shown in the photos.
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. The landlord’s insurance excess is $750.
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: some wall damage/holes in walls in the lounge kitchen and bedrooms 1, 2,and 3 which required plastering, sanding, and painting; broken and cracked glass panes in front door requiring replacement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4923978 — net $1,214.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10.6.2024	$1,675.71	Rent arrears to 10.6.2024
Cleaning rubbish removal & repairs	$546.25	Cleaning rubbish removal & repairs
Window repairs	$319.70	Window repairs
Water rates	$492.58	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,214.68
Total payable by Tenant to Landlord	$1,214.68

Claims and awards for application 4923978 — net $1,214.68 NZD. Verify on MoJ.

Rent arrears to 10.6.2024

Amount: $1,675.71
Awarded to: Landlord
Reason: Rent arrears to 10.6.2024

Cleaning rubbish removal & repairs

Amount: $546.25
Awarded to: Landlord
Reason: Cleaning rubbish removal & repairs

Window repairs

Amount: $319.70
Awarded to: Landlord
Reason: Window repairs

Water rates

Amount: $492.58
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Ngapera Hinera Climie must pay [The landlord/s] $1,214.68 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,840.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
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 and water rates?

This was a fixed term tenancy not due to expire until 17 June 2024. However, the tenant advised the landlord on 10 May 2024 that she had found another place to live and wished to give notice and would confirm the date. The landlord advised by email dated 13 May 2024 that they agreed to release the tenant from the fixed term tenancy early provided she gave 28 days’ notice. They advised her that 28 days’ notice given that day would terminate the tenancy on 10 June 2024.
The tenant did not give notice but advised on 28 May that she had vacated the premises on 21 May. However, the landlord is happy to accept that 28 days’ notice was given by the tenant so that rent is payable to 10 June 2024.
The landlord provided rent records and water rates invoices 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 as shown in the photos produced in evidence.
The invoice for cleaning and rubbish removal also included some touch up plastering and painting repairs which I accept the tenant is liable for as detailed below. While the amount claimed is a global sum and not itemised for each task, I am satisfied that the overall amount claimed is reasonable for the work shown in the photos.
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. The landlord’s insurance excess is $750.
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: some wall damage/holes in walls in the lounge kitchen and bedrooms 1, 2,and 3 which required plastering, sanding, and painting; broken and cracked glass panes in front door requiring replacement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 4923978 — Rent arrears

At a glance

Tenancy Tribunal case 4923978 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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