What was Tenancy Tribunal case 4945333 about?

The tribunal order states: Russell Kirby and Helen Nhieu must pay [The landlord/s] $2,926.29

How much money was awarded in case 4945333?

Cleaning: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Gate Remote: $170.00 awarded to landlord; Lawns and Garden Work: $115.00 awarded to landlord; Property Damage: $1,610.00 awarded to landlord; Rent Arrears: $2,284.29 awarded to landlord; Swipe Card: $50.00 awarded to landlord

What type of tenancy dispute was case 4945333?

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

Where can I read the official tribunal order for case 4945333?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10701768-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4945333 about?

The tribunal order states: Russell Kirby and Helen Nhieu must pay [The landlord/s] $2,926.29

How much money was awarded in case 4945333?

Cleaning: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Gate Remote: $170.00 awarded to landlord; Lawns and Garden Work: $115.00 awarded to landlord; Property Damage: $1,610.00 awarded to landlord; Rent Arrears: $2,284.29 awarded to landlord; Swipe Card: $50.00 awarded to landlord

What type of tenancy dispute was case 4945333?

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

Where can I read the official tribunal order for case 4945333?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10701768-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4945333 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4945333 — net $2,926.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,284.29	Rent arrears
Carpet replacement	$1,610.00	Carpet replacement
Cleaning	$230.00	Cleaning
Lawns and Garden work	$115.00	Lawns and Garden work
Gate Remote	$170.00	Gate Remote
Swipe card	$50.00	Swipe card
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,926.29
Total payable by Tenant to Landlord	$2,926.29

The landlord attended the hearing.

Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.

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 29 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,284.29. The landlord claim for water rates was withdrawn.

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, return all keys and security devices. 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. Photos of the condition of the premises were provided and a copy of the cleaners invoice for $230.00.

The garden and paved area were not kept reasonably tidy. Photos and an invoice for $115.00 were provided.

The gate remote was not returned. The costs for a replacement is $170.00.

The entry swipe card was damaged. A replacement swipe card is $50.00.

The amounts claimed are proven.

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. The landlord was not insured.

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: The carpets in the lounge and bedroom were badly stained and had burn marks. The bedroom carpets had substantial odour. The landlord said that the carpets had been in good condition at the commencement of the tenancy. They had been installed in 2018. Attempts had been made to clean the carpets, but they had not been successful. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord seeks $2,300.00 for replacing the carpets.

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. The tenant is ordered to pay the landlord $1,610.00.

The landlord provided information relating to damage to walls after the hearing. That information was not available to the Tribunal prior to the hearing as had been requested. I have not considered the claim. The landlord may file a fresh application to have that matter considered.

As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been substantially successful in this matter and name suppression is ordered.

Claims and awards in Tenancy Tribunal application 4945333 — net $2,926.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,284.29	Rent arrears
Carpet replacement	$1,610.00	Carpet replacement
Cleaning	$230.00	Cleaning
Lawns and Garden work	$115.00	Lawns and Garden work
Gate Remote	$170.00	Gate Remote
Swipe card	$50.00	Swipe card
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,926.29
Total payable by Tenant to Landlord	$2,926.29

Order

Russell Kirby and Helen Nhieu must pay [The landlord/s] $2,926.29 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,560.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
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 29 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,284.29. The landlord claim for water rates was withdrawn.

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, return all keys and security devices. 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. Photos of the condition of the premises were provided and a copy of the cleaners invoice for $230.00.
The garden and paved area were not kept reasonably tidy. Photos and an invoice for $115.00 were provided.
The gate remote was not returned. The costs for a replacement is $170.00.
The entry swipe card was damaged. A replacement swipe card is $50.00.
The amounts claimed are proven.

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. The landlord was not insured.
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: The carpets in the lounge and bedroom were badly stained and had burn marks. The bedroom carpets had substantial odour. The landlord said that the carpets had been in good condition at the commencement of the tenancy. They had been installed in 2018. Attempts had been made to clean the carpets, but they had not been successful. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord seeks $2,300.00 for replacing the carpets.
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. The tenant is ordered to pay the landlord $1,610.00.
The landlord provided information relating to damage to walls after the hearing. That information was not available to the Tribunal prior to the hearing as had been requested. I have not considered the claim. The landlord may file a fresh application to have that matter considered.
As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been substantially successful in this matter and name suppression is ordered.

Tenancy Tribunal case 4945333 — Rent arrears

At a glance

Tenancy Tribunal case 4945333 — 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