What was Tenancy Tribunal case 4953797 about?

The tribunal order states: Lisa Simione Convey to pay [The landlord/s] $1,560.29 from the bond,

How much money was awarded in case 4953797?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $275.00 awarded to landlord; Rent Arrears: $1,132.86 awarded to landlord; Replace Furnishings: Curtains: $125.43 awarded to landlord

What type of tenancy dispute was case 4953797?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4953797?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11030483-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4953797 about?

The tribunal order states: Lisa Simione Convey to pay [The landlord/s] $1,560.29 from the bond,

How much money was awarded in case 4953797?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $275.00 awarded to landlord; Rent Arrears: $1,132.86 awarded to landlord; Replace Furnishings: Curtains: $125.43 awarded to landlord

What type of tenancy dispute was case 4953797?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4953797?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11030483-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4953797 — Rent arrears

Claims and awards in Tenancy Tribunal application 4953797 — net $1,560.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 July 2024	$1,132.86	Rent arrears to 24 July 2024
Replace furnishings: Curtains	$125.43	Replace furnishings: Curtains
Lawns and Garden work	$275.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,560.29
Bond	$1,800.00
Total payable by Tenant to Landlord	$1,560.29

Order

Lisa Simione Convey to pay [The landlord/s] $1,560.29 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,560.29 Lisa Simione Convey: $239.71
The balance of the tenant’s application is dismissed.

Reasons

The landlord attended the hearing in person.
The tenant did not attend the hearing.
Despite this being in face-to-face hearing the tenant was telephoned on the phone number provided but the phone call went unanswered.
I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence. Applications
The landlord has applied for rent arrears. water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant applied for refund of the bond, claims relating to the Healthy Homes Standards, compensation reimbursement of the filing fee.
The tenant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986. The tenant’s applications are dismissed except for the tenants claim for the bond, which I address below.
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent and water rates?

The tenancy was periodic and commenced on 24 August 2023.
The tenant gave notice to terminate the tenancy on 26 June 2024.
The landlord provided rent records which prove the amount owing at the end of the tenancy is $1,132.86 to 24 July 2024.
The tenant appears to believe it was agreed that she could give 14 days’ notice however while this reduced notice period was offered by the landlord in January 2024 it was not accepted at that time. The tenant is required to provide 28 days’ notice. See section 51 (2B) of the RTA.
The application for water rates is dismissed as the landlord advised at the hearing that the tenant has paid for the water rates.

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, this includes mowing the lawns.
The landlord claimed $275.00 for mowing the lawns. The landlord provided photographs, oral evidence and an invoice to support the claim. The amount ordered is 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. Bedroom curtains
The bedroom curtains were damaged during the tenancy. The tenant stored the curtains in a shed outside where they became damp and mouldy. The landlord did not provide photographs of the curtains at the start of the tenancy but the correspondence between the landlord and tenant confirms the tenant wanted black out curtains and wanted the landlord to pay for them, which the landlord declined to do. I accept that the landlord’s evidence that the curtains were damaged by the tenant.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find that the damage to the curtains was likely caused by the tenant’s careless actions.
The landlord sought reimbursement invoice for new curtains of $179.18.
I must 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord advised that the curtains were purchased in 2021. The IRD IR265 provides the estimated useful lifespan for curtains is 8 years. I have allowed for depreciation (30%) and ordered $125.43.
The amount ordered is proved and does not exceed the statutory limits for careless damage. Bond
Part of the bond is to be paid to the landlord immediately to offset the amount ordered. The balance of the bond is to be paid to the tenant. Filing fee
Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly.

Claims and awards in Tenancy Tribunal application 4953797 — net $1,560.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 July 2024	$1,132.86	Rent arrears to 24 July 2024
Replace furnishings: Curtains	$125.43	Replace furnishings: Curtains
Lawns and Garden work	$275.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,560.29
Bond	$1,800.00
Total payable by Tenant to Landlord	$1,560.29

Order

Lisa Simione Convey to pay [The landlord/s] $1,560.29 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,560.29 Lisa Simione Convey: $239.71
The balance of the tenant’s application is dismissed.

Reasons

The landlord attended the hearing in person.
The tenant did not attend the hearing.
Despite this being in face-to-face hearing the tenant was telephoned on the phone number provided but the phone call went unanswered.
I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence. Applications
The landlord has applied for rent arrears. water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant applied for refund of the bond, claims relating to the Healthy Homes Standards, compensation reimbursement of the filing fee.
The tenant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986. The tenant’s applications are dismissed except for the tenants claim for the bond, which I address below.
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent and water rates?

The tenancy was periodic and commenced on 24 August 2023.
The tenant gave notice to terminate the tenancy on 26 June 2024.
The landlord provided rent records which prove the amount owing at the end of the tenancy is $1,132.86 to 24 July 2024.
The tenant appears to believe it was agreed that she could give 14 days’ notice however while this reduced notice period was offered by the landlord in January 2024 it was not accepted at that time. The tenant is required to provide 28 days’ notice. See section 51 (2B) of the RTA.
The application for water rates is dismissed as the landlord advised at the hearing that the tenant has paid for the water rates.

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, this includes mowing the lawns.
The landlord claimed $275.00 for mowing the lawns. The landlord provided photographs, oral evidence and an invoice to support the claim. The amount ordered is 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. Bedroom curtains
The bedroom curtains were damaged during the tenancy. The tenant stored the curtains in a shed outside where they became damp and mouldy. The landlord did not provide photographs of the curtains at the start of the tenancy but the correspondence between the landlord and tenant confirms the tenant wanted black out curtains and wanted the landlord to pay for them, which the landlord declined to do. I accept that the landlord’s evidence that the curtains were damaged by the tenant.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find that the damage to the curtains was likely caused by the tenant’s careless actions.
The landlord sought reimbursement invoice for new curtains of $179.18.
I must 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The landlord advised that the curtains were purchased in 2021. The IRD IR265 provides the estimated useful lifespan for curtains is 8 years. I have allowed for depreciation (30%) and ordered $125.43.
The amount ordered is proved and does not exceed the statutory limits for careless damage. Bond
Part of the bond is to be paid to the landlord immediately to offset the amount ordered. The balance of the bond is to be paid to the tenant. Filing fee
Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly.

Tenancy Tribunal case 4953797 — Rent arrears

At a glance

Tenancy Tribunal case 4953797 — Rent arrears

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

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

Frequently asked questions