What was Tenancy Tribunal case 4940593 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 4940593?

Carpet Testing: $204.70 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,642.26 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Rubbish Removal: $690.00 awarded to landlord

What type of tenancy dispute was case 4940593?

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

Where can I read the official tribunal order for case 4940593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11143453-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4940593 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 4940593?

Carpet Testing: $204.70 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,642.26 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Rubbish Removal: $690.00 awarded to landlord

What type of tenancy dispute was case 4940593?

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

Where can I read the official tribunal order for case 4940593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11143453-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4940593 — Rent arrears

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New Zealand Tenancy Tribunal Case 4940593 — 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 4940593 — net $4,063.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 03/07/2024	$2,642.26	Rent arrears to 03/07/2024
Rubbish removal	$690.00	Rubbish removal
Carpet testing	$204.70	Carpet testing
Repairs: 2 x insurance excess	$2,000.00	Repairs: 2 x insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,063.96
Total payable by Tenant to Landlord	$4,063.96

Claims and awards for application 4940593 — net $4,063.96 NZD. Verify on MoJ.

Rent arrears to 03/07/2024

Amount: $2,642.26
Awarded to: Landlord
Reason: Rent arrears to 03/07/2024

Rubbish removal

Amount: $690.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet testing

Amount: $204.70
Awarded to: Landlord
Reason: Carpet testing

Repairs: 2 x insurance excess

Amount: $2,000.00
Awarded to: Landlord
Reason: Repairs: 2 x insurance excess

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details of both parties.
The Bond Centre is to pay the bond of $1,500.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $4,063.96 immediately, calculated as shown in table below.

Reasons

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

The tenancy ended on 3 rd July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
I order the tenant to pay the landlord $2,642.26 in rent arrears.

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

At the end of the tenancy the tenant must remove all rubbish.
However, the tenant did not do so. There was a significant amount of rubbish left behind.
Having seen the photos and the invoice, I order the tenant to pay the landlord $690.00 for the rubbish removal.

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 Residential Tenancies Act 1986 (“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. 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. 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 Tribunal must take 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.
The landlord provided the entry and exit inspection reports for comparison purposes.
The tenant had dogs in the premises during the tenancy.
The carpet had to be tested for animal urine and there was significant damage to the lino. In the end, the carpet and lino had to be replaced.
I have sighted the landlord’s insurance policy stating $1,000.00 as excess fee.
There was an invoice of $21,148.50 for the carpet and flooring restoration and bathroom repairs and painting.
I award 2 sets of insurance excess being $2,000.00.
Lastly, as the landlord has substantially succeed with the claim, I order the tenant to reimburse the landlord’s 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 4940593 — net $4,063.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 03/07/2024	$2,642.26	Rent arrears to 03/07/2024
Rubbish removal	$690.00	Rubbish removal
Carpet testing	$204.70	Carpet testing
Repairs: 2 x insurance excess	$2,000.00	Repairs: 2 x insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,063.96
Total payable by Tenant to Landlord	$4,063.96

Claims and awards for application 4940593 — net $4,063.96 NZD. Verify on MoJ.

Rent arrears to 03/07/2024

Amount: $2,642.26
Awarded to: Landlord
Reason: Rent arrears to 03/07/2024

Rubbish removal

Amount: $690.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet testing

Amount: $204.70
Awarded to: Landlord
Reason: Carpet testing

Repairs: 2 x insurance excess

Amount: $2,000.00
Awarded to: Landlord
Reason: Repairs: 2 x insurance excess

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details of both parties.
The Bond Centre is to pay the bond of $1,500.00 ([Bond number suppressed]) to [The landlord/s] immediately.
[The tenant/s] must pay [The landlord/s] $4,063.96 immediately, calculated as shown in table below.

Reasons

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

The tenancy ended on 3 rd July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
I order the tenant to pay the landlord $2,642.26 in rent arrears.

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

At the end of the tenancy the tenant must remove all rubbish.
However, the tenant did not do so. There was a significant amount of rubbish left behind.
Having seen the photos and the invoice, I order the tenant to pay the landlord $690.00 for the rubbish removal.

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 Residential Tenancies Act 1986 (“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. 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. 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 Tribunal must take 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.
The landlord provided the entry and exit inspection reports for comparison purposes.
The tenant had dogs in the premises during the tenancy.
The carpet had to be tested for animal urine and there was significant damage to the lino. In the end, the carpet and lino had to be replaced.
I have sighted the landlord’s insurance policy stating $1,000.00 as excess fee.
There was an invoice of $21,148.50 for the carpet and flooring restoration and bathroom repairs and painting.
I award 2 sets of insurance excess being $2,000.00.
Lastly, as the landlord has substantially succeed with the claim, I order the tenant to reimburse the landlord’s filing fee.

Tenancy Tribunal case 4940593 — Rent arrears

At a glance

Tenancy Tribunal case 4940593 — Rent arrears

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