What was Tenancy Tribunal case 4925013 about?

The tribunal order states: Darren Yong must pay [The landlord/s] $8,267.63 immediately, calculated as

How much money was awarded in case 4925013?

Cleaning: $902.90 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,344.29 awarded to landlord

What type of tenancy dispute was case 4925013?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4925013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10853912-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4925013 about?

The tribunal order states: Darren Yong must pay [The landlord/s] $8,267.63 immediately, calculated as

How much money was awarded in case 4925013?

Cleaning: $902.90 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $7,344.29 awarded to landlord

What type of tenancy dispute was case 4925013?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4925013?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10853912-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 2, 125 Thorndon Quay, Pipitea, Wellington Tenancy Tribunal Case 4925013 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4925013 — net $8,267.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 19 July 2024	$7,344.29	Rent arrears as at 19 July 2024
Cleaning and touch up paint work	$902.90	Cleaning and touch up paint work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,267.63
Total payable by Tenant to Landlord	$8,267.63

This application was scheduled to be heard by video conference. The tenant did not link to the Teams link provided to him and so I rang him twice on his mobile number. Both of my calls went to voicemail.

I am satisfied that the tenant was aware of the hearing and so I proceeded in his absence.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

This was a fixed term tenancy that was due to end on 31 July 2024. In February 2024 the tenant advised the landlord that he wished to break the lease and he agreed to pay a break lease fee as well as rent until a new tenant was found.

After advertising, the landlord found a new tenant whose tenancy began on 19 July 2024. Mr Yong is therefore required to pay rent to 19 July 2024.

I accept the evidence that rent arrears to this date amounted to $7,344.29. This amount includes the payment of the $3,880.00 bond to the landlord.

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.

The tenant is also required to pay for damage done to the premises and which 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.

Tenants are liable for the cost of repairing damage that is intentional. 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.

I accept the evidence, including photographic evidence, which shows that the tenant put stickers on windows and walls, and used 3M hooks which caused the wallpaper/paint to tear when removed. This damage was intentional and so the tenant is required to pay the cost of remedying the damage.

I also accept that the tenant did not leave the premises reasonably clean.

I am allowing $902.90 as the cost of removing the stickers/adhesives, the paint touch ups required, and for cleaning. Given that the owner did this work himself I am allowing the usual charge for owners doing work of $40.00 per hour.

I am not allowing the $253.00 claimed by the property manager for cleaning which was done after this work. This is because the property manager accepted that the premises were reasonably clean after the owner had cleaned. Filing fee reimbursement

I am also ordering the tenant to reimburse to the landlord the cost of filing this application in the Tribunal, because the landlord was substantially successful in this claim against him. Suppression of the landlord’s name

I am allowing the landlord’s application for suppression of their name because they applied for suppression and were successful in their claim – see s95A(3) of the Residential Tenancies Act 1986. C ter Haar 19 September 2024

Claims and awards in Tenancy Tribunal application 4925013 — net $8,267.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 19 July 2024	$7,344.29	Rent arrears as at 19 July 2024
Cleaning and touch up paint work	$902.90	Cleaning and touch up paint work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,267.63
Total payable by Tenant to Landlord	$8,267.63

Order

Darren Yong must pay [The landlord/s] $8,267.63 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard by video conference. The tenant did not link to the Teams link provided to him and so I rang him twice on his mobile number. Both of my calls went to voicemail.
I am satisfied that the tenant was aware of the hearing and so I proceeded in his absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

This was a fixed term tenancy that was due to end on 31 July 2024. In February 2024 the tenant advised the landlord that he wished to break the lease and he agreed to pay a break lease fee as well as rent until a new tenant was found.
After advertising, the landlord found a new tenant whose tenancy began on 19 July 2024. Mr Yong is therefore required to pay rent to 19 July 2024.
I accept the evidence that rent arrears to this date amounted to $7,344.29. This amount includes the payment of the $3,880.00 bond to the landlord.

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.
The tenant is also required to pay for damage done to the premises and which 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.
Tenants are liable for the cost of repairing damage that is intentional. 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.
I accept the evidence, including photographic evidence, which shows that the tenant put stickers on windows and walls, and used 3M hooks which caused the wallpaper/paint to tear when removed. This damage was intentional and so the tenant is required to pay the cost of remedying the damage.
I also accept that the tenant did not leave the premises reasonably clean.
I am allowing $902.90 as the cost of removing the stickers/adhesives, the paint touch ups required, and for cleaning. Given that the owner did this work himself I am allowing the usual charge for owners doing work of $40.00 per hour.
I am not allowing the $253.00 claimed by the property manager for cleaning which was done after this work. This is because the property manager accepted that the premises were reasonably clean after the owner had cleaned. Filing fee reimbursement
I am also ordering the tenant to reimburse to the landlord the cost of filing this application in the Tribunal, because the landlord was substantially successful in this claim against him. Suppression of the landlord’s name
I am allowing the landlord’s application for suppression of their name because they applied for suppression and were successful in their claim – see s95A(3) of the Residential Tenancies Act 1986. C ter Haar 19 September 2024

Tenancy Tribunal case 4925013 — Rent arrears at Unit/Flat Flat 2, 125 Thorndon Quay, Pipitea, Wellington

At a glance

Tenancy Tribunal case 4925013 — Rent arrears at Unit/Flat Flat 2, 125 Thorndon Quay, Pipitea, Wellington

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions