What was Tenancy Tribunal case 4972473 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 4972473?

Filing Fee: $27.00 awarded to landlord; Property Damage: $257.73 awarded to landlord; Rent Arrears: $4,592.14 awarded to landlord; Water Rates: $89.80 awarded to landlord

What type of tenancy dispute was case 4972473?

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

Where can I read the official tribunal order for case 4972473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11330622-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4972473 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 4972473?

Filing Fee: $27.00 awarded to landlord; Property Damage: $257.73 awarded to landlord; Rent Arrears: $4,592.14 awarded to landlord; Water Rates: $89.80 awarded to landlord

What type of tenancy dispute was case 4972473?

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

Where can I read the official tribunal order for case 4972473?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11330622-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4972473 — Rent arrears

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New Zealand Tenancy Tribunal Case 4972473 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4972473 — net $2,966.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 June 2024	$4,592.14	2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Water rates	$89.80	Water rates
Lock/key replacement	$257.73	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,966.67
Total payable by Tenant to Landlord	$2,966.67

Claims and awards for application 4972473 — net $2,966.67 NZD. Verify on MoJ.

Rent arrears to 17 June 2024

Amount: $4,592.14
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Water rates

Amount: $89.80
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $257.73
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,966.67

Total payable by Tenant to Landlord

Landlord $2,966.67

Dismissed claims

Cleaning

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates Cleanliness

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Murray A J Webster must pay [The landlord/s] $2,966.67 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The Landlord attended the hearing by telephone. The Tenant did not attend.
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 and water rates arrears?

The tenancy ended on 17 June 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 Landlord claimed the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. They submitted the property had excessive mould which required professional cleaning. Invoices were provided for the house cleaning and mould cleaning however there were no photographs to show the extent of cleaning required, the amount of mould present or a vacate inspection report to show the general condition of the property at the end of the tenancy. The invoices are not enough to prove this. For this reason, the claim for cleaning and mould cleaning is dismissed.
The Tenant was evicted and a locksmith was required to change the locks. The Landlord provided an invoice for the locksmith. I am satisfied that a locksmith was required and there was evidence of the fee paid for the bailiff to attend.
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 claimed the following damage was caused during the tenancy: wall dents, faulty oven.
The Landlord submitted the Tenant caused wall dents and scratches which required repairing and painting. The Tenant also damaged the oven stovetop through their negligent use of the oven. Photographs were provided of the oven which had rusted on the stove top.
There were no photographs of the dents to the walls or an ingoing inspection to show the dents were not present when the Tenant moved in. There was only an invoice presented for the repair work done.
There was also no evidence to prove the oven was nearly brand new when the Tenants moved in as claimed by the Landlord. It would have been helpful if there was an electrician or independent expert to substantiate that the oven was damaged to the extent it required replacing. Photographs showed the stove top was rusted but this did not prove a whole new oven was required or that the elements were beyond repair.
Because of the lack of evidence, the Landlord’s claims for these repairs are dismissed.
As [The applicant/s] has substantially succeeded with the claim the Tenant shall reimburse the filing fee and name suppression is granted to the Landlord.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4972473 — net $2,966.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 June 2024	$4,592.14	2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Water rates	$89.80	Water rates
Lock/key replacement	$257.73	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,966.67
Total payable by Tenant to Landlord	$2,966.67

Claims and awards for application 4972473 — net $2,966.67 NZD. Verify on MoJ.

Rent arrears to 17 June 2024

Amount: $4,592.14
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Water rates

Amount: $89.80
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $257.73
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,966.67

Total payable by Tenant to Landlord

Landlord $2,966.67

Dismissed claims

Cleaning

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates Cleanliness

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Murray A J Webster must pay [The landlord/s] $2,966.67 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The Landlord attended the hearing by telephone. The Tenant did not attend.
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 and water rates arrears?

The tenancy ended on 17 June 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 Landlord claimed the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. They submitted the property had excessive mould which required professional cleaning. Invoices were provided for the house cleaning and mould cleaning however there were no photographs to show the extent of cleaning required, the amount of mould present or a vacate inspection report to show the general condition of the property at the end of the tenancy. The invoices are not enough to prove this. For this reason, the claim for cleaning and mould cleaning is dismissed.
The Tenant was evicted and a locksmith was required to change the locks. The Landlord provided an invoice for the locksmith. I am satisfied that a locksmith was required and there was evidence of the fee paid for the bailiff to attend.
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 claimed the following damage was caused during the tenancy: wall dents, faulty oven.
The Landlord submitted the Tenant caused wall dents and scratches which required repairing and painting. The Tenant also damaged the oven stovetop through their negligent use of the oven. Photographs were provided of the oven which had rusted on the stove top.
There were no photographs of the dents to the walls or an ingoing inspection to show the dents were not present when the Tenant moved in. There was only an invoice presented for the repair work done.
There was also no evidence to prove the oven was nearly brand new when the Tenants moved in as claimed by the Landlord. It would have been helpful if there was an electrician or independent expert to substantiate that the oven was damaged to the extent it required replacing. Photographs showed the stove top was rusted but this did not prove a whole new oven was required or that the elements were beyond repair.
Because of the lack of evidence, the Landlord’s claims for these repairs are dismissed.
As [The applicant/s] has substantially succeeded with the claim the Tenant shall reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 4972473 — Rent arrears

At a glance

Tenancy Tribunal case 4972473 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates arrears?

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

Dismissed claims

Order

Reasons

How much is owed for rent and water rates arrears?

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