What was Tenancy Tribunal case 4975475 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 4975475?

Cleaning: $250.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Painting To Remove Drawings/Scribble…: $200.00 awarded to landlord; Rent Arrears: $3,880.00 awarded to landlord; holes in hallway wall and kitchen an…: $600.00 awarded to landlord; Rubbish Removal: $340.00 awarded to landlord; Water Rates: $510.82 awarded to landlord

What type of tenancy dispute was case 4975475?

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

Where can I read the official tribunal order for case 4975475?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11416024-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4975475 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 4975475?

Cleaning: $250.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Painting To Remove Drawings/Scribble…: $200.00 awarded to landlord; Rent Arrears: $3,880.00 awarded to landlord; holes in hallway wall and kitchen an…: $600.00 awarded to landlord; Rubbish Removal: $340.00 awarded to landlord; Water Rates: $510.82 awarded to landlord

What type of tenancy dispute was case 4975475?

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

Where can I read the official tribunal order for case 4975475?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11416024-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 1, 519 Richardson Road, Mount Roskill, Tenancy Tribunal Case 4975475 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4975475 — net $3,897.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/7/2024	$3,880.00	Rent arrears to 10/7/2024
Cleaning	$450.00	Cleaning
Carpet Cleaning	$250.00	Carpet Cleaning
Rubbish removal	$340.00	Rubbish removal
Repairs: holes in hallway wall and kitchen and bedroom doors	$600.00	Repairs: holes in hallway wall and kitchen and bedroom doors
Painting to remove drawings/scribbles on walls	$200.00	Painting to remove drawings/scribbles on walls
Lawns and Garden work	$120.00	Lawns and Garden work
Water rates	$510.82	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,897.82
Total payable by Tenant to Landlord	$3,897.82

Only the applicant landlord attended the hearing. The tenant did not join the video link and could not be contacted by telephone.

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?

The tenancy ended on 10/7/2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The bond was refunded to the landlord and is deducted from the amount owing.

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. The carpets were stained and required professional cleaning.

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 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.

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: two doors and a wall had holes that needed to be repaired and there was scribble/graffiti on inside and outside walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have not taken into account betterment and depreciation. The amounts awarded are for actual repair costs only.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord’s request for name suppression is approved as the application is successful. The public interest requires that the tenant’s name is published.

Claims and awards in Tenancy Tribunal application 4975475 — net $3,897.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/7/2024	$3,880.00	Rent arrears to 10/7/2024
Cleaning	$450.00	Cleaning
Carpet Cleaning	$250.00	Carpet Cleaning
Rubbish removal	$340.00	Rubbish removal
Repairs: holes in hallway wall and kitchen and bedroom doors	$600.00	Repairs: holes in hallway wall and kitchen and bedroom doors
Painting to remove drawings/scribbles on walls	$200.00	Painting to remove drawings/scribbles on walls
Lawns and Garden work	$120.00	Lawns and Garden work
Water rates	$510.82	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,897.82
Total payable by Tenant to Landlord	$3,897.82

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
Amani Mahaleighah Wilson must pay [The landlord/s] $3,897.82 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video link and could not be contacted by telephone.
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?

The tenancy ended on 10/7/2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The bond was refunded to the landlord and is deducted from the amount owing.

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. The carpets were stained and required professional cleaning.
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 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.
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: two doors and a wall had holes that needed to be repaired and there was scribble/graffiti on inside and outside walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amounts awarded are for actual repair costs only.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s request for name suppression is approved as the application is successful. The public interest requires that the tenant’s name is published.

Tenancy Tribunal case 4975475 — Rent arrears at Unit/Flat Flat 1, 519 Richardson Road, Mount Roskill,

At a glance

Tenancy Tribunal case 4975475 — Rent arrears at Unit/Flat Flat 1, 519 Richardson Road, Mount Roskill,

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