What was Tenancy Tribunal case 4929730 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $22,669.48 immediately, calculated as

How much money was awarded in case 4929730?

Rubbish Removal: $6,480.13 awarded to landlord; Electricity Bill: $1,042.35 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $10,700.00 awarded to landlord; Replace Furnishings: 2 X Mattress: $3,700.00 awarded to landlord; Replace Furnishings: Carpet: $3,000.00 awarded to landlord; Replace Furnishings: Coffee Table: $320.00 awarded to landlord; Replace Furnishings: Sofa: $2,150.00 awarded to landlord; Sale Of Belongings: $1,150.00 awarded to tenant

What type of tenancy dispute was case 4929730?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4929730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10989675-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4929730 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $22,669.48 immediately, calculated as

How much money was awarded in case 4929730?

Rubbish Removal: $6,480.13 awarded to landlord; Electricity Bill: $1,042.35 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $10,700.00 awarded to landlord; Replace Furnishings: 2 X Mattress: $3,700.00 awarded to landlord; Replace Furnishings: Carpet: $3,000.00 awarded to landlord; Replace Furnishings: Coffee Table: $320.00 awarded to landlord; Replace Furnishings: Sofa: $2,150.00 awarded to landlord; Sale Of Belongings: $1,150.00 awarded to tenant

What type of tenancy dispute was case 4929730?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4929730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10989675-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4929730 — Rent arrears

Claims and awards in Tenancy Tribunal application 4929730 — net $22,669.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 9/7/24	$10,700.00		Rent arrears to 9/7/24
Electricity bill	$1,042.35		Electricity bill
Cleaning: rubbish removal, packing, gardens, carpet	$6,480.13		Cleaning: rubbish removal, packing, gardens, carpet
Replace furnishings: carpet	$3,000.00		Replace furnishings: carpet
Replace furnishings: 2 x mattress	$3,700.00		Replace furnishings: 2 x mattress
Replace furnishings: sofa	$2,150.00		Replace furnishings: sofa
Replace furnishings: coffee table	$320.00		Replace furnishings: coffee table
Filing fee reimbursement	$27.00		Filing fee reimbursement
Sale of belongings		$1,150.00	Sale of belongings
Total award	$27,419.48	$1,150.00
Net award	$22,669.48
Total payable by Tenant to Landlord	$22,669.48

Order

[The tenant/s] must pay [The landlord/s] $22,669.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlord may dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
[The landlord/s] must pay the proceeds of any sale towards the amount owing of $22,669.48.

Reasons

Both parties attended the hearing.
This is an extremely unfortunate situation and I preface this order by extending my sympathies to both parties. As discussed at the hearing, I am charged with administering the law, but I do that in this instance with much empathy for both [The tenant/s] and [The landlord/s].
This tenancy ended on 9 July 2024. It ended on short notice as [The tenant/s] had not been in a position to attend to his obligations as a tenant due to extremely poor health, and difficult personal circumstances.
I discuss each claim separately below.

How much is owed for rent and electricity?

The tenancy ended on 9 July 2024. At that date the amount owing in rent was $15,200 and in electricity $1,042.35.
[The landlord/s] has been reimbursed some of the rent arrears from her insurance company however has had to pay the insurance excess to obtain that. She was paid out the equivalent of 12 weeks rent however six of those weeks went to the period between this tenancy and the next. One week went to the insurance excess, therefore I am satisfied that the amount owed in rent arrears to 9 July should be reduced by five weeks to account for the amount the insurance company has already paid.
The amount owed in electricity is agreed.

Did the tenant comply with their obligations at the end of the tenancy?

[The landlord/s] claims compensation for having to pack up [The tenant/s]’ belongings, move and store them, clean the home, remove the rubbish and tidy the garden. [The tenant/s] was not able to attend to these tasks due to his ill health and lack of support he was receiving from the health system.
At the end of the tenancy section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986(RTA) states that 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.
[The tenant/s] was not able to meet these obligations due to his health condition. I have assessed the invoice claimed and the photos of the premise and consider that the amount claimed is reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

[The landlord/s] claims compensation for having to replace the carpet, a couch, two beds and a coffee table. These items were all damaged due to [The tenant/s]’ health condition.
To be successful in such a claim, a landlord must prove that the 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. 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 insurance excess is $1,000 and the weekly rent $900.
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.
Having assessed the evidence I am assured that none of the damage has been caused intentionally, [The tenant/s] was extremely unwell. The damage has however occurred due to a lack of cleaning after certain distressing events. I have therefore assessed it as careless damage.
I accept the evidence that all these items need to be replaced. In determining the compensation payable, depreciation must be taken into account. Depreciation is linked to the concept of betterment. Everything is subject to wear and tear and will need to be replaced in time. Where an item has to be replaced as a result of a breach of contract or the RTA, this hastens the process. If the damaged item is replaced with a ‘better’ item, compensation is adjusted to reflect that.
Current depreciation guidelines estimate the life span of carpet and furniture in a New Zealand rental property to be 10 years. I must therefore reduce the amounts claimed by 20% to account for depreciation as they were all two years old. These amounts are all less than the section 49B(3)(b) cap discussed above.

What is to happen to the remaining belongings?

The parties have agreed that [The landlord/s] may sell the remaining belongings of [The tenant/s] left at the premise. Some have already been sold to a value of $1,150 and that has been attributed to this debt.
[The landlord/s] is currently attempting to sell [The tenant/s]’ car on his behalf and the proceeds of that sale are to be put to the debt. The registration of the car is [redacted].
[The tenant/s] also left the following belongings which the parties agree [The landlord/s] may sell and if she does the proceeds are also to be put towards the debt: 1 a. Dyson vacuum cleaner. b. Outdoor furniture set. c. Portable air conditioning unit. d. Water blaster. e. Lawnmower. f. Desk and chair.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee. 2 1 See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986 2 Section 102 RTA
I direct that all party details be suppressed from the published order. The majority of this order is made by consent and [The tenant/s]’ health situation does not need to be disseminated publicly.

Claims and awards in Tenancy Tribunal application 4929730 — net $22,669.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 9/7/24	$10,700.00		Rent arrears to 9/7/24
Electricity bill	$1,042.35		Electricity bill
Cleaning: rubbish removal, packing, gardens, carpet	$6,480.13		Cleaning: rubbish removal, packing, gardens, carpet
Replace furnishings: carpet	$3,000.00		Replace furnishings: carpet
Replace furnishings: 2 x mattress	$3,700.00		Replace furnishings: 2 x mattress
Replace furnishings: sofa	$2,150.00		Replace furnishings: sofa
Replace furnishings: coffee table	$320.00		Replace furnishings: coffee table
Filing fee reimbursement	$27.00		Filing fee reimbursement
Sale of belongings		$1,150.00	Sale of belongings
Total award	$27,419.48	$1,150.00
Net award	$22,669.48
Total payable by Tenant to Landlord	$22,669.48

Order

[The tenant/s] must pay [The landlord/s] $22,669.48 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlord may dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
[The landlord/s] must pay the proceeds of any sale towards the amount owing of $22,669.48.

Reasons

Both parties attended the hearing.
This is an extremely unfortunate situation and I preface this order by extending my sympathies to both parties. As discussed at the hearing, I am charged with administering the law, but I do that in this instance with much empathy for both [The tenant/s] and [The landlord/s].
This tenancy ended on 9 July 2024. It ended on short notice as [The tenant/s] had not been in a position to attend to his obligations as a tenant due to extremely poor health, and difficult personal circumstances.
I discuss each claim separately below.

How much is owed for rent and electricity?

The tenancy ended on 9 July 2024. At that date the amount owing in rent was $15,200 and in electricity $1,042.35.
[The landlord/s] has been reimbursed some of the rent arrears from her insurance company however has had to pay the insurance excess to obtain that. She was paid out the equivalent of 12 weeks rent however six of those weeks went to the period between this tenancy and the next. One week went to the insurance excess, therefore I am satisfied that the amount owed in rent arrears to 9 July should be reduced by five weeks to account for the amount the insurance company has already paid.
The amount owed in electricity is agreed.

Did the tenant comply with their obligations at the end of the tenancy?

[The landlord/s] claims compensation for having to pack up [The tenant/s]’ belongings, move and store them, clean the home, remove the rubbish and tidy the garden. [The tenant/s] was not able to attend to these tasks due to his ill health and lack of support he was receiving from the health system.
At the end of the tenancy section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986(RTA) states that 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.
[The tenant/s] was not able to meet these obligations due to his health condition. I have assessed the invoice claimed and the photos of the premise and consider that the amount claimed is reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

[The landlord/s] claims compensation for having to replace the carpet, a couch, two beds and a coffee table. These items were all damaged due to [The tenant/s]’ health condition.
To be successful in such a claim, a landlord must prove that the 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. 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 insurance excess is $1,000 and the weekly rent $900.
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.
Having assessed the evidence I am assured that none of the damage has been caused intentionally, [The tenant/s] was extremely unwell. The damage has however occurred due to a lack of cleaning after certain distressing events. I have therefore assessed it as careless damage.
I accept the evidence that all these items need to be replaced. In determining the compensation payable, depreciation must be taken into account. Depreciation is linked to the concept of betterment. Everything is subject to wear and tear and will need to be replaced in time. Where an item has to be replaced as a result of a breach of contract or the RTA, this hastens the process. If the damaged item is replaced with a ‘better’ item, compensation is adjusted to reflect that.
Current depreciation guidelines estimate the life span of carpet and furniture in a New Zealand rental property to be 10 years. I must therefore reduce the amounts claimed by 20% to account for depreciation as they were all two years old. These amounts are all less than the section 49B(3)(b) cap discussed above.

What is to happen to the remaining belongings?

The parties have agreed that [The landlord/s] may sell the remaining belongings of [The tenant/s] left at the premise. Some have already been sold to a value of $1,150 and that has been attributed to this debt.
[The landlord/s] is currently attempting to sell [The tenant/s]’ car on his behalf and the proceeds of that sale are to be put to the debt. The registration of the car is [redacted].
[The tenant/s] also left the following belongings which the parties agree [The landlord/s] may sell and if she does the proceeds are also to be put towards the debt: 1 a. Dyson vacuum cleaner. b. Outdoor furniture set. c. Portable air conditioning unit. d. Water blaster. e. Lawnmower. f. Desk and chair.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee. 2 1 See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986 2 Section 102 RTA
I direct that all party details be suppressed from the published order. The majority of this order is made by consent and [The tenant/s]’ health situation does not need to be disseminated publicly.

Tenancy Tribunal case 4929730 — Rent arrears

At a glance

Tenancy Tribunal case 4929730 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and electricity?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

What is to happen to the remaining belongings?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and electricity?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

What is to happen to the remaining belongings?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions