What was Tenancy Tribunal case 4929834 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 4929834?

Cleaning: $720.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $60.00 awarded to landlord; Property Damage: $56.00 awarded to landlord; Property Damage: $410.00 awarded to landlord; Rent Arrears: $4,000.00 awarded to landlord; Replace Furnishings: Curtains: $103.45 awarded to landlord; Rubbish Removal: $187.00 awarded to landlord; Smoke Alarms: $32.80 awarded to landlord

What type of tenancy dispute was case 4929834?

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

Where can I read the official tribunal order for case 4929834?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10894961-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4929834 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 4929834?

Cleaning: $720.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $60.00 awarded to landlord; Property Damage: $56.00 awarded to landlord; Property Damage: $410.00 awarded to landlord; Rent Arrears: $4,000.00 awarded to landlord; Replace Furnishings: Curtains: $103.45 awarded to landlord; Rubbish Removal: $187.00 awarded to landlord; Smoke Alarms: $32.80 awarded to landlord

What type of tenancy dispute was case 4929834?

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

Where can I read the official tribunal order for case 4929834?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10894961-Tribunal_Order_Redacted.pdf.

10 Johnston Street, Foxton, Foxton 4814 Tenancy Tribunal Case 4929834 — Rent arrears

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10 Johnston Street, Foxton, Foxton 4814 Tenancy Tribunal Case 4929834 — 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 4929834 — net $3,596.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,000.00	Rent arrears
Cleaning	$720.00	Cleaning
Rubbish removal	$187.00	Rubbish removal
Lawns and Garden work	$60.00	Lawns and Garden work
Lock/key replacement	$56.00	Lock/key replacement
Replace smoke alarms	$32.80	Replace smoke alarms
Replace furnishings: curtains	$103.45	Replace furnishings: curtains
Repairs	$410.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,596.25
Total payable by Tenant to Landlord	$3,596.25

Claims and awards for application 4929834 — net $3,596.25 NZD. Verify on MoJ.

Rent arrears

Amount: $4,000.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $720.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $187.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $60.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $56.00
Awarded to: Landlord
Reason: Lock/key replacement

Replace smoke alarms

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Cleveland Smith must pay [The landlord/s] $3,596.25 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$4,000.00 Cleaning$720.00 Rubbish removal$187.00 Lawns and Garden work$60.00 Lock/key replacement$56.00 Replace smoke alarms$32.80 Replace furnishings: curtains$103.45 Repairs$410.00 Filing fee reimbursement$27.00 Total award$5,596.25 Bond$2,000.00 Total payable by Tenant to Landlord$3,596.25

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
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?

This was a fixed term tenancy due to end on 29 January 2025. The landlord was able to re-let the property from 11 July 2024. The tenant is liable for rent to 10 July 2024. The landlord provided rent records which prove the amount owing to that date.

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: two smoke alarms and a curtain.
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.
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: a. The locks were intentionally damaged. b. There was a hole in a kitchen cupboard. This was careless damage. c. There was damage to the walls throughout the property which required repainting. This was careless damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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. The landlord advised that the property was freshly painted at the start of the tenancy. Given its brief duration, it is appropriate that the landlord be reimbursed in full for the modest costs of the repainting required at the end of the tenancy to return it to that condition. It is not appropriate to deduct any amount of depreciation or for betterment in these circumstances.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

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 4929834 — net $3,596.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,000.00	Rent arrears
Cleaning	$720.00	Cleaning
Rubbish removal	$187.00	Rubbish removal
Lawns and Garden work	$60.00	Lawns and Garden work
Lock/key replacement	$56.00	Lock/key replacement
Replace smoke alarms	$32.80	Replace smoke alarms
Replace furnishings: curtains	$103.45	Replace furnishings: curtains
Repairs	$410.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,596.25
Total payable by Tenant to Landlord	$3,596.25

Claims and awards for application 4929834 — net $3,596.25 NZD. Verify on MoJ.

Rent arrears

Amount: $4,000.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $720.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $187.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $60.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $56.00
Awarded to: Landlord
Reason: Lock/key replacement

Replace smoke alarms

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Cleveland Smith must pay [The landlord/s] $3,596.25 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$4,000.00 Cleaning$720.00 Rubbish removal$187.00 Lawns and Garden work$60.00 Lock/key replacement$56.00 Replace smoke alarms$32.80 Replace furnishings: curtains$103.45 Repairs$410.00 Filing fee reimbursement$27.00 Total award$5,596.25 Bond$2,000.00 Total payable by Tenant to Landlord$3,596.25

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
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?

This was a fixed term tenancy due to end on 29 January 2025. The landlord was able to re-let the property from 11 July 2024. The tenant is liable for rent to 10 July 2024. The landlord provided rent records which prove the amount owing to that date.

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: two smoke alarms and a curtain.
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.
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: a. The locks were intentionally damaged. b. There was a hole in a kitchen cupboard. This was careless damage. c. There was damage to the walls throughout the property which required repainting. This was careless damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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. The landlord advised that the property was freshly painted at the start of the tenancy. Given its brief duration, it is appropriate that the landlord be reimbursed in full for the modest costs of the repainting required at the end of the tenancy to return it to that condition. It is not appropriate to deduct any amount of depreciation or for betterment in these circumstances.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4929834 — Rent arrears at 10 Johnston Street, Foxton, Foxton 4814

At a glance

Tenancy Tribunal case 4929834 — Rent arrears at 10 Johnston Street, Foxton, Foxton 4814

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