How much money was awarded in case 4947453?

Cleaning: $684.25 awarded to landlord; Cleaning: $253.00 awarded to landlord; Cleaning: $336.37 awarded to landlord; Cleaning: $116.88 awarded to landlord; Fee To Enforce Possession/Eviction O…: $253.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $209.88 awarded to landlord; Remove Belongings To Storage: $445.98 awarded to landlord; Rent Arrears: $6,428.57 awarded to landlord; Bedroom Door: $540.00 awarded to landlord; Kitchen Cabinetry: $920.00 awarded to landlord; Rubbish Removal: $307.38 awarded to landlord; Storage Of Goods 16/9/2024 Until 9/2…: $1,446.58 awarded to landlord

What type of tenancy dispute was case 4947453?

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

Where can I read the official tribunal order for case 4947453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11484651-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4947453?

Cleaning: $684.25 awarded to landlord; Cleaning: $253.00 awarded to landlord; Cleaning: $336.37 awarded to landlord; Cleaning: $116.88 awarded to landlord; Fee To Enforce Possession/Eviction O…: $253.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $209.88 awarded to landlord; Remove Belongings To Storage: $445.98 awarded to landlord; Rent Arrears: $6,428.57 awarded to landlord; Bedroom Door: $540.00 awarded to landlord; Kitchen Cabinetry: $920.00 awarded to landlord; Rubbish Removal: $307.38 awarded to landlord; Storage Of Goods 16/9/2024 Until 9/2…: $1,446.58 awarded to landlord

What type of tenancy dispute was case 4947453?

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

Where can I read the official tribunal order for case 4947453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11484651-Tribunal_Order_Redacted.pdf.

83 Rifle Range Road, Taupo, Taupo 3330 Tenancy Tribunal Case 4947453 — Rent arrears

Q: What was Tenancy Tribunal case 4947453 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4947453 — net $10,168.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/9/2024	$6,428.57	Rent arrears to 10/9/2024
Fee to enforce possession/eviction order	$253.00	Fee to enforce possession/eviction order
Lock/key replacement	$209.88	Lock/key replacement
Remove belongings to storage	$445.98	Remove belongings to storage
Rubbish removal	$307.38	Rubbish removal
Cleaning: oil stains from deck and replacing lightbulbs	$116.88	Cleaning: oil stains from deck and replacing lightbulbs
Carpet Cleaning: remove candle wax and stains	$253.00	Carpet Cleaning: remove candle wax and stains
Carpet Cleaning	$684.25	Carpet Cleaning
Cleaning	$336.37	Cleaning
Repairs: bedroom door	$540.00	Repairs: bedroom door
Repairs: kitchen cabinetry	$920.00	Repairs: kitchen cabinetry
Storage of goods 16/9/2024 until 9/2/2025	$1,446.58	Storage of goods 16/9/2024 until 9/2/2025
Lawns and Garden work	$200.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,168.89
Total payable by Tenant to Landlord	$10,168.89

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

immediately, calculated as shown in the table below:

The application for rehearing is granted and the order issued on 20 August 2024 is set aside, it is replaced and substituted with this order.

Reasons

The owners and property manager attended the hearing as did Mr Zane Beaver, a representative for the Estate of the late joint tenant Mr David Beaver. The Estate was named as a joint tenant in the original applications for both rent arrears and compensation.

Ms Southall, the other joint tenant, had attended the hearing on 3 February 2025, which was adjourned, but failed to attend the hearing on 24 February 2025 (either via video link, in person at the Taupo District Court or to answer calls to her phone).

The hearings therefore proceeded in her absence.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

On 20 August 2024 the Tribunal made an order terminating the tenancy and for rent arrears until 26 August 2024. The order was made against the original joint tenants Ms Southall and Mr David Beaver.

The Estate of the late Mr Beaver applied for a rehearing of that order on the basis that David Beaver’s liability for the rent debt had ended by the time of the Tribunal hearing in August 2024 as the tenancy was by then a sole tenancy.

The rehearing was granted, and the Tribunal considered again the issue of liability for the rent and compensation today. Background

David Beaver and Sarah Southall were joint tenants at the property from the time the tenancy began on 16 May 2020.

Sadly, David Beaver died on 22 September 2023. The property owners (as Trustees of the Ashan Family Trust) were at that time, managing the tenancy themselves and knew Mr Beaver well; they attended his funeral.

They then instructed a property manager to manage the tenancy so that it could be transferred to Ms Southall solely.

On 10 October 2023 the property manager contacted Ms Southall requesting that she sign the required and attached forms to transfer the tenancy and bond to her name solely.

Those forms were never ultimately signed but the effect of the correspondence was that the joint tenancy ended 28 days later (the required notice period) and Ms Southall became a sole tenant and solely liable from that time which is 7 November 2023. Ms Southall continued to occupy the property and has never given notice or requested that the tenancy should end.

The rent record and evidence confirm that there were no arrears until February 2024.

The landlord applied to the Tribunal for an order terminating the tenancy and for rent arrears. The level of arrears was sufficiently high that the order was made on 20 August 2024 terminating the tenancy on 26 August 2024. Ms Southall failed to vacate the property and on 10 September 2024 the bailiffs attended and enforced the possession order.

How much is owed for rent?

The tenancy ended on 10/9/2024 when the possession order was enforced. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenancy was by then a sole tenancy and Ms Southall is liable for the rent arrears (as all arrears accrued after 7/11/2023 when the joint tenancy ended).

Ms Southall is also liable to pay the costs the landlord incurred, having bailiff’s attend to enforce the possession order. The enforcement costs were only incurred as she failed to leave the property in accordance with the termination order and are recoverable under s102(5) of the RTA.

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. She did not remove a number of items that were removed by the landlord and stored, until she collected most of them recently. The rubbish left at the storage facility has been removed. Ms Southall is responsible for the costs of removing and storing the possessions.

The evidence confirms that some of the items belonged to David Beaver and were eventually collected from storage. At the August 2024 hearing the bond was released to cover a rent debt owing solely by Ms Southall. David Beaver had paid $1,000 or half of that bond. It was agreed at the first hearing that the bond could be retained by Ms Southall to offset any costs associated with removing and storing Mr Beaver’s items. The order with respect to the refund of the Bond therefore remains and Mr Beaver’s Estate agreed it would make no further claim against the Bond.

The tenant did not return the keys.

The landlord had to replace light bulbs and smoke alarm batteries.

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 of $1,000 or four weeks' rent ($2,000) See section 49B(3)(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: several parts of the kitchen cabinetry and a bedroom door was damaged . The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. It is likely the bedroom door was kicked or damaged by force and the kitchen cabinetry by careless actions.

The amounts ordered are proved.

I have not taken into account betterment and depreciation.

The landlord has only claimed actual repair costs and will therefore be returned only to the position they would have been in had the tenant not breached her obligations and will not be better or worse off.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The landlord’s request for name suppression is approved. Mr Beaver is also granted name suppression as he was not responsible for any of the breaches or costs that are awarded.

Claims and awards in Tenancy Tribunal application 4947453 — net $10,168.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/9/2024	$6,428.57	Rent arrears to 10/9/2024
Fee to enforce possession/eviction order	$253.00	Fee to enforce possession/eviction order
Lock/key replacement	$209.88	Lock/key replacement
Remove belongings to storage	$445.98	Remove belongings to storage
Rubbish removal	$307.38	Rubbish removal
Cleaning: oil stains from deck and replacing lightbulbs	$116.88	Cleaning: oil stains from deck and replacing lightbulbs
Carpet Cleaning: remove candle wax and stains	$253.00	Carpet Cleaning: remove candle wax and stains
Carpet Cleaning	$684.25	Carpet Cleaning
Cleaning	$336.37	Cleaning
Repairs: bedroom door	$540.00	Repairs: bedroom door
Repairs: kitchen cabinetry	$920.00	Repairs: kitchen cabinetry
Storage of goods 16/9/2024 until 9/2/2025	$1,446.58	Storage of goods 16/9/2024 until 9/2/2025
Lawns and Garden work	$200.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,168.89
Total payable by Tenant to Landlord	$10,168.89

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
immediately, calculated as shown in the table below:
The application for rehearing is granted and the order issued on 20 August 2024 is set aside, it is replaced and substituted with this order.

Reasons

The owners and property manager attended the hearing as did Mr Zane Beaver, a representative for the Estate of the late joint tenant Mr David Beaver. The Estate was named as a joint tenant in the original applications for both rent arrears and compensation.
Ms Southall, the other joint tenant, had attended the hearing on 3 February 2025, which was adjourned, but failed to attend the hearing on 24 February 2025 (either via video link, in person at the Taupo District Court or to answer calls to her phone).
The hearings therefore proceeded in her absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
On 20 August 2024 the Tribunal made an order terminating the tenancy and for rent arrears until 26 August 2024. The order was made against the original joint tenants Ms Southall and Mr David Beaver.
The Estate of the late Mr Beaver applied for a rehearing of that order on the basis that David Beaver’s liability for the rent debt had ended by the time of the Tribunal hearing in August 2024 as the tenancy was by then a sole tenancy.
The rehearing was granted, and the Tribunal considered again the issue of liability for the rent and compensation today. Background
David Beaver and Sarah Southall were joint tenants at the property from the time the tenancy began on 16 May 2020.
Sadly, David Beaver died on 22 September 2023. The property owners (as Trustees of the Ashan Family Trust) were at that time, managing the tenancy themselves and knew Mr Beaver well; they attended his funeral.
They then instructed a property manager to manage the tenancy so that it could be transferred to Ms Southall solely.
On 10 October 2023 the property manager contacted Ms Southall requesting that she sign the required and attached forms to transfer the tenancy and bond to her name solely.
Those forms were never ultimately signed but the effect of the correspondence was that the joint tenancy ended 28 days later (the required notice period) and Ms Southall became a sole tenant and solely liable from that time which is 7 November 2023. Ms Southall continued to occupy the property and has never given notice or requested that the tenancy should end.
The rent record and evidence confirm that there were no arrears until February 2024.
The landlord applied to the Tribunal for an order terminating the tenancy and for rent arrears. The level of arrears was sufficiently high that the order was made on 20 August 2024 terminating the tenancy on 26 August 2024. Ms Southall failed to vacate the property and on 10 September 2024 the bailiffs attended and enforced the possession order.

How much is owed for rent?

The tenancy ended on 10/9/2024 when the possession order was enforced. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenancy was by then a sole tenancy and Ms Southall is liable for the rent arrears (as all arrears accrued after 7/11/2023 when the joint tenancy ended).
Ms Southall is also liable to pay the costs the landlord incurred, having bailiff’s attend to enforce the possession order. The enforcement costs were only incurred as she failed to leave the property in accordance with the termination order and are recoverable under s102(5) of the RTA.

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. She did not remove a number of items that were removed by the landlord and stored, until she collected most of them recently. The rubbish left at the storage facility has been removed. Ms Southall is responsible for the costs of removing and storing the possessions.
The evidence confirms that some of the items belonged to David Beaver and were eventually collected from storage. At the August 2024 hearing the bond was released to cover a rent debt owing solely by Ms Southall. David Beaver had paid $1,000 or half of that bond. It was agreed at the first hearing that the bond could be retained by Ms Southall to offset any costs associated with removing and storing Mr Beaver’s items. The order with respect to the refund of the Bond therefore remains and Mr Beaver’s Estate agreed it would make no further claim against the Bond.
The tenant did not return the keys.
The landlord had to replace light bulbs and smoke alarm batteries.
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 of $1,000 or four weeks' rent ($2,000) See section 49B(3)(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: several parts of the kitchen cabinetry and a bedroom door was damaged . The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. It is likely the bedroom door was kicked or damaged by force and the kitchen cabinetry by careless actions.
The amounts ordered are proved.
I have not taken into account betterment and depreciation.
The landlord has only claimed actual repair costs and will therefore be returned only to the position they would have been in had the tenant not breached her obligations and will not be better or worse off.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord’s request for name suppression is approved. Mr Beaver is also granted name suppression as he was not responsible for any of the breaches or costs that are awarded.

Tenancy Tribunal case 4947453 — Rent arrears at 83 Rifle Range Road, Taupo, Taupo 3330

At a glance

Tenancy Tribunal case 4947453 — Rent arrears at 83 Rifle Range Road, Taupo, Taupo 3330

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