What was Tenancy Tribunal case 4939754 about?

The tribunal order states: The tenancy of Cherish Dodd next of Kin of Toni Wilson at [Tenancy address

How much money was awarded in case 4939754?

Cleaning: $1,000.00 awarded to landlord; Property Damage: $387.50 awarded to landlord; Property Damage: $387.56 awarded to landlord; Rent Arrears: $1,542.00 awarded to landlord; Rubbish Removal: $750.00 awarded to landlord; Water Rates: $194.94 awarded to landlord

What type of tenancy dispute was case 4939754?

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

Where can I read the official tribunal order for case 4939754?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10709164-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4939754 about?

The tribunal order states: The tenancy of Cherish Dodd next of Kin of Toni Wilson at [Tenancy address

How much money was awarded in case 4939754?

Cleaning: $1,000.00 awarded to landlord; Property Damage: $387.50 awarded to landlord; Property Damage: $387.56 awarded to landlord; Rent Arrears: $1,542.00 awarded to landlord; Rubbish Removal: $750.00 awarded to landlord; Water Rates: $194.94 awarded to landlord

What type of tenancy dispute was case 4939754?

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

Where can I read the official tribunal order for case 4939754?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10709164-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4939754 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4939754 — net $2,462.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2024	$1,542.00	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond and termination.
Water rates	$194.94	2024. How much is owed for rent and water rates arrears?
Window repairs	$387.50	Window repairs
Rubbish removal	$750.00	Rubbish removal
Lock/key replacement	$387.56	Lock/key replacement
Cleaning	$1,000.00	Cleaning
Net award	$2,462.00
Total payable by Tenant to Landlord	$2,462.00

The tenancy of Cherish Dodd next of Kin of Toni Wilson at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.

The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Cherish Dodd next of Kin of Toni Wilson must pay [The landlord/s] $2,462.00 immediately, calculated as shown in the table below:

Reasons

The Landlord attended the hearing by video. The Tenants next of kin, Ms Dodd, did not attend by video or answer the telephone calls made by the Tribunal to their mobile phone number.

The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond and termination.

The Tenant passed away on 20 June 2024. At the time of her death, the Ms Dodd lived in the property. The Landlord had agreed with the Tenant to allow Ms Dodd to live there temporarily to assist the Tenant during her illness. When the tenancy ended, Ms Dodd continued to live in the property. The Landlord served her with a notice to vacate by 20 July 2024.

Ms Dodd did not vacate until 25 July 2024.

How much is owed for rent and water rates arrears?

The tenancy ended on 25 July 2024. Notice was given to the Tenant’s next of kin 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. Invoices were provided for the cleaning and rubbish removal, along with photographs of the rubbish. A skip was hired to remove the rubbish and an invoice to substantiate the costs to hire. The cleaning costs were substantial claiming over $2000.00 however this included carpet cleaning. It appeared much of the cleaning quoted was deep thorough cleaning.

I consider in terms of the cleaning, the costs were excessive and unreasonable. I have halved this amount to grant an award of $1000.00 instead.

The tenant did not return the keys and a locksmith was appointed to re-key the front and back door. An invoice was provided to substantiate 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: garage, lounge and kitchen windows. An invoice for the repairs was provided. 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 substantially successful, name suppression is granted to the Landlord.

Claims and awards in Tenancy Tribunal application 4939754 — net $2,462.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 July 2024	$1,542.00	2. The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond and termination.
Water rates	$194.94	2024. How much is owed for rent and water rates arrears?
Window repairs	$387.50	Window repairs
Rubbish removal	$750.00	Rubbish removal
Lock/key replacement	$387.56	Lock/key replacement
Cleaning	$1,000.00	Cleaning
Net award	$2,462.00
Total payable by Tenant to Landlord	$2,462.00

Order

The tenancy of Cherish Dodd next of Kin of Toni Wilson at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Cherish Dodd next of Kin of Toni Wilson must pay [The landlord/s] $2,462.00 immediately, calculated as shown in the table below:

Reasons

The Landlord attended the hearing by video. The Tenants next of kin, Ms Dodd, did not attend by video or answer the telephone calls made by the Tribunal to their mobile phone number.
The landlord has applied for rent arrears, water rates arrears, compensation, refund of the bond and termination.
The Tenant passed away on 20 June 2024. At the time of her death, the Ms Dodd lived in the property. The Landlord had agreed with the Tenant to allow Ms Dodd to live there temporarily to assist the Tenant during her illness. When the tenancy ended, Ms Dodd continued to live in the property. The Landlord served her with a notice to vacate by 20 July 2024.
Ms Dodd did not vacate until 25 July 2024.

How much is owed for rent and water rates arrears?

The tenancy ended on 25 July 2024. Notice was given to the Tenant’s next of kin 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. Invoices were provided for the cleaning and rubbish removal, along with photographs of the rubbish. A skip was hired to remove the rubbish and an invoice to substantiate the costs to hire. The cleaning costs were substantial claiming over $2000.00 however this included carpet cleaning. It appeared much of the cleaning quoted was deep thorough cleaning.
I consider in terms of the cleaning, the costs were excessive and unreasonable. I have halved this amount to grant an award of $1000.00 instead.
The tenant did not return the keys and a locksmith was appointed to re-key the front and back door. An invoice was provided to substantiate 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: garage, lounge and kitchen windows. An invoice for the repairs was provided. 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 substantially successful, name suppression is granted to the Landlord.

Tenancy Tribunal case 4939754 — Rent arrears

At a glance

Tenancy Tribunal case 4939754 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates arrears?

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 arrears?

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