How much money was awarded in case 4988249?

Cleaning: $690.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $885.50 awarded to landlord; Rent Arrears: $9,350.00 awarded to landlord

What type of tenancy dispute was case 4988249?

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

Where can I read the official tribunal order for case 4988249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11190228-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4988249?

Cleaning: $690.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $885.50 awarded to landlord; Rent Arrears: $9,350.00 awarded to landlord

What type of tenancy dispute was case 4988249?

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

Where can I read the official tribunal order for case 4988249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11190228-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4988249 — Rent arrears

Q: What was Tenancy Tribunal case 4988249 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 4988249 — net $8,752.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$9,350.00	Rent arrears
Carpet Cleaning	$690.00	Carpet Cleaning
Repairs	$885.50	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,752.50
Total payable by Tenant to Landlord	$8,752.50

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

The tenancy of Tara Kearns at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Friday 13 December 2024.

The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Tara Kearns must pay [The landlord/s] $8,752.50 immediately, calculated as shown in the table below:

Reasons

The landlord attended this video hearing.

The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.

The landlord has applied for termination of the tenancy, rent arrears, compensation and refund of the bond.

Rent was not at least 21 days in arrears on the date the application was filed. The landlord filed a subsequent application on 20 November 2024 to have the application varied to that date. Section 85 Residential Tenancies Act 1986 (“RTA”) entitles the Tribunal to consider the overall merits and justice in any application. I accept the varied application. The tenancy is terminated as the rent arrears on 20 November 2024 exceeded 21 days. See section 55(1)(a) RTA.

The landlord provided rent records which prove the amount owing at the end of the tenancy is $9,350.00.

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. The landlord is not insured for tenant damage.

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: Carpets have been stained and dog faeces is on the carpet. The landlord provided an invoice for $690.00 and photos in support of the claim.

There are numerous holes in the walls, a door has had to be rehung and there is a door handle missing. The landlord provided photos of the damage and a quote for repairs of $885.00.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord name and details is ordered.

Claims and awards in Tenancy Tribunal application 4988249 — net $8,752.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$9,350.00	Rent arrears
Carpet Cleaning	$690.00	Carpet Cleaning
Repairs	$885.50	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,752.50
Total payable by Tenant to Landlord	$8,752.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
The tenancy of Tara Kearns at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 am on Friday 13 December 2024.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Tara Kearns must pay [The landlord/s] $8,752.50 immediately, calculated as shown in the table below:

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
The landlord has applied for termination of the tenancy, rent arrears, compensation and refund of the bond.
Rent was not at least 21 days in arrears on the date the application was filed. The landlord filed a subsequent application on 20 November 2024 to have the application varied to that date. Section 85 Residential Tenancies Act 1986 (“RTA”) entitles the Tribunal to consider the overall merits and justice in any application. I accept the varied application. The tenancy is terminated as the rent arrears on 20 November 2024 exceeded 21 days. See section 55(1)(a) RTA.
The landlord provided rent records which prove the amount owing at the end of the tenancy is $9,350.00.

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. The landlord is not insured for tenant damage.
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: Carpets have been stained and dog faeces is on the carpet. The landlord provided an invoice for $690.00 and photos in support of the claim.
There are numerous holes in the walls, a door has had to be rehung and there is a door handle missing. The landlord provided photos of the damage and a quote for repairs of $885.00.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4988249 — Rent arrears

At a glance

Tenancy Tribunal case 4988249 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions