What was the outcome of Tenancy Tribunal case 4941078?

The tribunal order states: This Order amends the originating Order dated 20 August 2024. It has been

How much money was awarded in case 4941078?

Cleaning: $256.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $153.84 awarded to landlord; Rent Arrears: $5,962.86 awarded to landlord; Rubbish Removal: $1,431.22 awarded to landlord; Water Rates: $68.45 awarded to landlord

What type of tenancy dispute was case 4941078?

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

Where can I read the official tribunal order for case 4941078?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10734449-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4941078?

The tribunal order states: This Order amends the originating Order dated 20 August 2024. It has been

How much money was awarded in case 4941078?

Cleaning: $256.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $153.84 awarded to landlord; Rent Arrears: $5,962.86 awarded to landlord; Rubbish Removal: $1,431.22 awarded to landlord; Water Rates: $68.45 awarded to landlord

What type of tenancy dispute was case 4941078?

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

Where can I read the official tribunal order for case 4941078?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10734449-Tribunal_Order.pdf.

6 Pioneer Crescent, Omokoroa, Omokoroa 3114 Tenancy Tribunal Case 4941078 — Rent arrears

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6 Pioneer Crescent, Omokoroa, Omokoroa 3114 Tenancy Tribunal Case 4941078 — 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 4941078 — net $5,679.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 9 August 2024	$5,962.86	Rent arrears (to 9 August 2024
Water rates	$68.45	Water rates
Carpet Cleaning	$256.00	Carpet Cleaning
Lock/key replacement	$153.84	Lock/key replacement
Cleaning	$300.00	Cleaning
Rubbish removal, repair wall damage and first Tribunal filing fee for application 4914334	$1,431.22	Rubbish removal, repair wall damage and first Tribunal filing fee for application 4914334
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,679.37
Total payable by Tenant to Landlord	$5,679.37

Claims and awards for application 4941078 — net $5,679.37 NZD. Verify on MoJ.

Rent arrears (to 9 August 2024

Amount: $5,962.86
Awarded to: Landlord
Reason: Rent arrears (to 9 August 2024

Water rates

Amount: $68.45
Awarded to: Landlord
Reason: Water rates

Carpet Cleaning

Amount: $256.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lock/key replacement

Amount: $153.84
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

This Order amends the originating Order dated 20 August 2024. It has been issued to include the bond refund to the landlord that was missed in the 20 August 2024 Order.
Olivia Picknell must pay Focus Property Bop Limited $5,679.37 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 9 August 2024, after it was declared by the Tribunal on 3 July 2024 to have been abandoned on 13 June 2024 under application 4914334. In the same Order, the Tribunal granted possession to the landlord.
The tenancy was fixed term and the tenant remained liable for rent until a new tenant moved into the premise.
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 her unwanted personal belongings and all her rubbish.
The tenant did not return the keys and locks had to be rekeyed and new keys cut.
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: a. Some of the walls were drawn on and some were damaged with dents and holes; and b. The carpet was severely stained in a number of rooms.
After looking at the photographic evidence provided, I am satisfied this damage is more than fair wear and tear, that the tenant has caused this damage during the tenancy and that the damage is as a result of her careless acts or omissions. The tenant was not present at the hearing and has not submitted any evidence to disprove her liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the filing fee
Because Focus Property Bop Limited 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 4941078 — net $5,679.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 9 August 2024	$5,962.86	Rent arrears (to 9 August 2024
Water rates	$68.45	Water rates
Carpet Cleaning	$256.00	Carpet Cleaning
Lock/key replacement	$153.84	Lock/key replacement
Cleaning	$300.00	Cleaning
Rubbish removal, repair wall damage and first Tribunal filing fee for application 4914334	$1,431.22	Rubbish removal, repair wall damage and first Tribunal filing fee for application 4914334
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,679.37
Total payable by Tenant to Landlord	$5,679.37

Claims and awards for application 4941078 — net $5,679.37 NZD. Verify on MoJ.

Rent arrears (to 9 August 2024

Amount: $5,962.86
Awarded to: Landlord
Reason: Rent arrears (to 9 August 2024

Water rates

Amount: $68.45
Awarded to: Landlord
Reason: Water rates

Carpet Cleaning

Amount: $256.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lock/key replacement

Amount: $153.84
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

This Order amends the originating Order dated 20 August 2024. It has been issued to include the bond refund to the landlord that was missed in the 20 August 2024 Order.
Olivia Picknell must pay Focus Property Bop Limited $5,679.37 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 9 August 2024, after it was declared by the Tribunal on 3 July 2024 to have been abandoned on 13 June 2024 under application 4914334. In the same Order, the Tribunal granted possession to the landlord.
The tenancy was fixed term and the tenant remained liable for rent until a new tenant moved into the premise.
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 her unwanted personal belongings and all her rubbish.
The tenant did not return the keys and locks had to be rekeyed and new keys cut.
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: a. Some of the walls were drawn on and some were damaged with dents and holes; and b. The carpet was severely stained in a number of rooms.
After looking at the photographic evidence provided, I am satisfied this damage is more than fair wear and tear, that the tenant has caused this damage during the tenancy and that the damage is as a result of her careless acts or omissions. The tenant was not present at the hearing and has not submitted any evidence to disprove her liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the filing fee
Because Focus Property Bop Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4941078 — Rent arrears at 6 Pioneer Crescent, Omokoroa, Omokoroa 3114

At a glance

Tenancy Tribunal case 4941078 — Rent arrears at 6 Pioneer Crescent, Omokoroa, Omokoroa 3114

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Property management

Frequently asked questions