What was Tenancy Tribunal case 4966435 about?

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

How much money was awarded in case 4966435?

Rent Arrears: $1,096.78 awarded to landlord; Hole In Hallway Door: $88.15 awarded to landlord; Rubbish Removal: $193.05 awarded to landlord; Rubbish Removal: $408.39 awarded to landlord

What type of tenancy dispute was case 4966435?

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

Where can I read the official tribunal order for case 4966435?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11130324-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4966435 about?

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

How much money was awarded in case 4966435?

Rent Arrears: $1,096.78 awarded to landlord; Hole In Hallway Door: $88.15 awarded to landlord; Rubbish Removal: $193.05 awarded to landlord; Rubbish Removal: $408.39 awarded to landlord

What type of tenancy dispute was case 4966435?

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

Where can I read the official tribunal order for case 4966435?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11130324-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4966435 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 4966435 — net $1,786.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10.6.2024	$1,096.78	Rent arrears to 10.6.2024
Rubbish removal: interior	$408.39	Rubbish removal: interior
Rubbish removal: exterior	$193.05	Rubbish removal: exterior
Repairs: hole in hallway door	$88.15	Repairs: hole in hallway door
Net award	$1,786.37
Total payable by Tenant to Landlord	$1,786.37

Ms Thompson-Wise, representing the landlord, and one of the tenants, attended the teleconference hearing. The tenant who attended the hearing said the other tenant was in jail and could not attend the hearing.

The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 17 June 2024. However, the landlord only claimed rent to 10 June 2024. The landlord provided rent records which prove the amount owing to 10 June 2024, which is $1.096.78.

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 (“RTA”).

The landlord said the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

During the hearing, the landlord withdrew their cleaning cost claim. However, the landlord proceeded with their claims for the cost of removing rubbish from the interior of the property, at a cost of $408.39, and from the outside of the property, for an amended cost claim of $193.05. The landlord provided an Ingoing Inspection Report dated 16 November 2023 and an Outgoing Inspection Report dated 17 June 2024, with multiple photographs of the condition of the property at the start and end of the tenancy.

The tenant acknowledged there had been some items left at the end of the tenancy and said she had not been able to empty the rubbish bins outside as she had to leave the property.

I find the landlord has likely proved their claims for rubbish removal from the property at the end of the tenancy. I award the landlord $408.39 to remove rubbish from the interior of the property and a further $193.05 to remove rubbish from the exterior of the property.

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 landlord said the tenant damaged the hallway door and left a hole in the door which had to be repaired. The landlord said there were other holes left at the property, but they were only claiming the cost of repairing the hole in the hallway door.

The tenant confirmed she had caused the hole in the hallway door by kicking it when angry. As such, I find the damage to be intentional on the part of the tenant. As the damage is intentional, the tenant is liable for the full repair cost minus any depreciation. The cap in section 49B RTA does not apply here.

The landlord has claimed $88.15 to repair the hole in the hallway door. As there is no new door claimed, but rather a repair of the old door, I do not need to consider depreciation. I find $88.15 a reasonable cost to repair the hole in the hallway door and award this to the landlord.

The amounts ordered are proved. Suppression

The tenant requested name suppression. Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The evidence discussed during the hearing involved issues between the tenants, one of whom is in jail. The tenant who attended the hearing requested name suppression for her personal safety. I accept this evidence from the tenant who attended the hearing and find that the tenant’s interests outweigh the public interest in publishing her name. As this tenant is closely associated with the other tenant, I also order that both tenants’ names and identifying details and the tenancy address is not to be published for this reason.

Reasons

Claims and awards in Tenancy Tribunal application 4966435 — net $1,786.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10.6.2024	$1,096.78	Rent arrears to 10.6.2024
Rubbish removal: interior	$408.39	Rubbish removal: interior
Rubbish removal: exterior	$193.05	Rubbish removal: exterior
Repairs: hole in hallway door	$88.15	Repairs: hole in hallway door
Net award	$1,786.37
Total payable by Tenant to Landlord	$1,786.37

The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 17 June 2024. However, the landlord only claimed rent to 10 June 2024. The landlord provided rent records which prove the amount owing to 10 June 2024, which is $1.096.78.

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

The landlord said the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant acknowledged there had been some items left at the end of the tenancy and said she had not been able to empty the rubbish bins outside as she had to leave the property.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved. Suppression

Tenancy Tribunal case 4966435 — Rent arrears

At a glance

Tenancy Tribunal case 4966435 — 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

Property management

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

Property management

Frequently asked questions