What was Tenancy Tribunal case 4939033 about?

The tribunal order states: Cindy Michelle Collett must pay [The landlord/s] $10,055.69 immediately,

How much money was awarded in case 4939033?

Ceiling Painting: $606.50 awarded to landlord; Cleaning: $781.60 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $310.10 awarded to landlord; Reconnection Power Fee: $25.00 awarded to landlord; Rent Arrears: $8,157.14 awarded to landlord; Water Rates: $148.35 awarded to landlord

What type of tenancy dispute was case 4939033?

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

Where can I read the official tribunal order for case 4939033?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10944958-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4939033 about?

The tribunal order states: Cindy Michelle Collett must pay [The landlord/s] $10,055.69 immediately,

How much money was awarded in case 4939033?

Ceiling Painting: $606.50 awarded to landlord; Cleaning: $781.60 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $310.10 awarded to landlord; Reconnection Power Fee: $25.00 awarded to landlord; Rent Arrears: $8,157.14 awarded to landlord; Water Rates: $148.35 awarded to landlord

What type of tenancy dispute was case 4939033?

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

Where can I read the official tribunal order for case 4939033?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10944958-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4939033 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4939033 — net $10,055.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 September 2024	$8,157.14	2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Water rates	$148.35	Water rates
Lock/key replacement	$310.10	Lock/key replacement
Cleaning	$781.60	Cleaning
Ceiling painting	$606.50	Ceiling painting
Reconnection power fee	$25.00	Reconnection power fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,055.69
Total payable by Tenant to Landlord	$10,055.69

The Landlord attended the hearing by telephone. The Tenant did not answer the telephone call made by the Tribunal or attend by video.

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

How much is owed for rent and water?

The tenancy ended on 13 September 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. The Tenant had used a gas cooker in the living room which caused the ceiling and floor to turn black. This required extensive cleaning. Photographs were provided of the property at the end of the tenancy which showed the cleaning required and rubbish removed. An invoice was provided to substantiate the costs.

The tenant did not return the keys. The front door lock required repairing and the back door required rekeying. An invoice was provided to substantiate the costs to rekey the doors.

The power required re-connection because when the Landlord entered the property to conduct the vacate inspection, the power had been cut off. An invoice for the power was provided to prove the costs.

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 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: damage to the lounge ceiling. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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 the Landlord has been successful, the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Claims and awards in Tenancy Tribunal application 4939033 — net $10,055.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 13 September 2024	$8,157.14	2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Water rates	$148.35	Water rates
Lock/key replacement	$310.10	Lock/key replacement
Cleaning	$781.60	Cleaning
Ceiling painting	$606.50	Ceiling painting
Reconnection power fee	$25.00	Reconnection power fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,055.69
Total payable by Tenant to Landlord	$10,055.69

Order

Cindy Michelle Collett must pay [The landlord/s] $10,055.69 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by telephone. The Tenant did not answer the telephone call made by the Tribunal or attend by video.
The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 13 September 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. The Tenant had used a gas cooker in the living room which caused the ceiling and floor to turn black. This required extensive cleaning. Photographs were provided of the property at the end of the tenancy which showed the cleaning required and rubbish removed. An invoice was provided to substantiate the costs.
The tenant did not return the keys. The front door lock required repairing and the back door required rekeying. An invoice was provided to substantiate the costs to rekey the doors.
The power required re-connection because when the Landlord entered the property to conduct the vacate inspection, the power had been cut off. An invoice for the power was provided to prove the costs.
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 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: damage to the lounge ceiling. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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 the Landlord has been successful, the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 4939033 — Rent arrears

At a glance

Tenancy Tribunal case 4939033 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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?

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