What was Tenancy Tribunal case 4942773 about?

The tribunal order states: Regan Alan Patrick Brown must pay [The landlord/s] $5,945.06 immediately,

How much money was awarded in case 4942773?

Balance Of Previous Order Applicatio…: $2,588.81 awarded to landlord; Cleaning: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $224.25 awarded to landlord; Property Damage: $517.50 awarded to landlord; Rubbish Removal: $1,840.00 awarded to landlord

What type of tenancy dispute was case 4942773?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4942773?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11060381-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4942773 about?

The tribunal order states: Regan Alan Patrick Brown must pay [The landlord/s] $5,945.06 immediately,

How much money was awarded in case 4942773?

Balance Of Previous Order Applicatio…: $2,588.81 awarded to landlord; Cleaning: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $224.25 awarded to landlord; Property Damage: $517.50 awarded to landlord; Rubbish Removal: $1,840.00 awarded to landlord

What type of tenancy dispute was case 4942773?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4942773?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11060381-Tribunal_Order_Redacted.pdf.

22 Domain Street, Waiuku, Waiuku 2123 Tenancy Tribunal Case 4942773 — Cleanliness

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Reasons

Claims and awards in Tenancy Tribunal application 4942773 — net $5,945.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Balance of previous order application 4859865 dated 15/05/2024	$2,588.81	Balance of previous order application 4859865 dated 15/05/2024
Cleaning	$747.50	Cleaning
Rubbish removal: removal in PPE and disposal fees	$1,840.00	Rubbish removal: removal in PPE and disposal fees
Lock/key replacement	$224.25	Lock/key replacement
Window repairs	$517.50	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,945.06
Total payable by Tenant to Landlord	$5,945.06

The landlord attended the tenant did not attend.

The landlord was granted termination for abandonment on the 15 May 2024 by order of the Tribunal under proceedings TT 4859865.

The also made an order relating to this tenancy, for rent arrears to 15 May 2024, water rates, removal of fridge, lawns and filing fee. The bond was returned to the landlord in payment of some of the monies owed. The balance of previous order is incorporated into this order for enforcement purposes. Service of the proceedings.

As this application was filed more than 2 months after the date the tenancy ended, it cannot be served on the tenant at the tenancy address.

Section 91A RTA provides for the methods of service for applications made more than 2 months after the end of the tenancy. None of these methods are possible as the tenant did not provide an alternative postal address or physical address.

Section 91B(2)(b) RTA provides that the Tribunal may direct that the notice of other document is treated as served on the party on a specified date, if steps have already been taken that have brought, or are likely to bring or have brought the notice or other document to the attention of the party.

I am satisfied that tenant is aware of the landlord’s application and hearing today through the email and text message and have chosen not to attend. I say this because: a. The email is listed in the tenancy agreement as an address for service. b. The reason for the delay in bringing the proceedings is because the tenant was given many opportunities to try and come and pick up their belongings. The landlord tells me that they used the email address for service in the tenancy agreement and the telephone numbers provided to try and get hold of the tenant. In the end the landlord also spoke to the tenant’s mother who tried to negotiate different times for the tenant to come and pick up his stuff. c. The landlord used the email address and telephone numbers during the tenancy to communicate with the tenant, including using it to give notice of inspections etc.

As I am satisfied that the tenant has been served and is aware of today’s hearing. I will hear the substantive claims.

The landlord has applied for cleaning, rubbish removal, change of locks, window repairs, repairs from the 19 July and the filing fee.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord would have had to spend an extensive amount of time removing all the rubbish before disposing of it. The house looked like someone had simply walked out and left it. There was rotting food and clothing strewn all the house. The contractors who disposed of the rubbish had to wear PPE gear to remove it. Whilst the amount sought and awarded for the rubbish is considerable, I think it is a reasonable cost for the nature and the extent of the work done.

The tenant did not return the keys.

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.

I am satisfied that this window was broken from within the house as the broken glass was found by the landlord on the outside of the property. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord also sought further repair costs from the 19 July 2024. I am not satisfied that it is likely that the tenant damaged the property, and this damage did not occur during the tenancy and therefore I dismiss this part of the landlord’s claim. Filing fee and name suppression.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression as requested.

Reasons

Claims and awards in Tenancy Tribunal application 4942773 — net $5,945.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Balance of previous order application 4859865 dated 15/05/2024	$2,588.81	Balance of previous order application 4859865 dated 15/05/2024
Cleaning	$747.50	Cleaning
Rubbish removal: removal in PPE and disposal fees	$1,840.00	Rubbish removal: removal in PPE and disposal fees
Lock/key replacement	$224.25	Lock/key replacement
Window repairs	$517.50	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,945.06
Total payable by Tenant to Landlord	$5,945.06

The landlord attended the tenant did not attend.

The landlord was granted termination for abandonment on the 15 May 2024 by order of the Tribunal under proceedings TT 4859865.

As this application was filed more than 2 months after the date the tenancy ended, it cannot be served on the tenant at the tenancy address.

As I am satisfied that the tenant has been served and is aware of today’s hearing. I will hear the substantive claims.

The landlord has applied for cleaning, rubbish removal, change of locks, window repairs, repairs from the 19 July and the filing fee.

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

The tenant did not return the keys.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression as requested.

Tenancy Tribunal case 4942773 — Cleanliness at 22 Domain Street, Waiuku, Waiuku 2123

At a glance

Tenancy Tribunal case 4942773 — Cleanliness at 22 Domain Street, Waiuku, Waiuku 2123

At a glance

Award balance

Claims & awards

Order

Reasons

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

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