What was Tenancy Tribunal case 4991848 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 4991848?

Cleaning: $575.00 awarded to landlord; Cleaning: $92.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,050.00 awarded to landlord; Property Damage: $126.50 awarded to landlord; Rubbish Removal: $471.50 awarded to landlord; Unblock Kitchen Sink: $161.00 awarded to landlord; Water Rates: $654.04 awarded to landlord

What type of tenancy dispute was case 4991848?

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

Where can I read the official tribunal order for case 4991848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11130063-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4991848 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 4991848?

Cleaning: $575.00 awarded to landlord; Cleaning: $92.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $4,050.00 awarded to landlord; Property Damage: $126.50 awarded to landlord; Rubbish Removal: $471.50 awarded to landlord; Unblock Kitchen Sink: $161.00 awarded to landlord; Water Rates: $654.04 awarded to landlord

What type of tenancy dispute was case 4991848?

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

Where can I read the official tribunal order for case 4991848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11130063-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4991848 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4991848 — net $6,157.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 August 2024	$4,050.00	Rent arrears to 21 August 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates to 21 August 2024	$654.04	Water rates to 21 August 2024
Unblock kitchen sink	$161.00	Unblock kitchen sink
Cleaning	$575.00	Cleaning
Rubbish removal	$471.50	Rubbish removal
Oven/stove cleaning	$92.00	Oven/stove cleaning
Repairs: GIB repair on staircase	$126.50	Repairs: GIB repair on staircase
Net award	$6,157.04
Total payable by Tenant to Landlord	$6,157.04

The landlord attended the hearing by video call.

The tenants were telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenants were properly served with notice of the hearing.

I understand one of the tenants emailed the registry shortly before the hearing that she was unable to attend the hearing due to family circumstances and during the hearing I received an email that she was assisting her son who had been involved in a car accident.

The registry advised the tenant that the hearing would likely proceed without them and the hearing proceeded in their absence. Landlord’s claims

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 21 August 2024.

The landlord provided rent records which prove the amount owing at the end of the tenancy is $4,050.00.

The bond had been released to the landlord before the hearing and the rent statement shows the bond being credited towards the rent arrears. The amount ordered is the rent arrears after payment of the bond.

The landlord provided water rates invoices and a statement which confirms the amount owing at the end of the tenancy is $654.04. I have deducted the Tenancy Tribunal filing fee from the amount claimed, which was improperly included in the water rates statement.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Surfaces and the oven required cleaning.

The landlord provided an exit inspection report with photographs and an invoice in support of the claim.

I order $575.00 for general cleaning I have largely reimbursed the landlord’s cleaning costs but made a deduction for the following reasons: a. The tenant is only required to ensure they leave the premises in a reasonably clean and tidy condition. The landlord advised that the property was cleaned to a level that it was able to be re-tenanted, and b. The premises is aged and in some photographs it is difficult to ascertain whether the surface was unclean or displaying wear and tear.

I award $471.50 for rubbish removal and $92.00 for oven 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.

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 following damage was caused during the tenancy: a. The lower wall on the staircase had one large hole that required repair. The landlord was unsure how the damage occurred. I consider it appears to have been by the careless action of the tenant or a person permitted in the premises by the tenant and I make an order for the amount claimed to repair the damage of $126.50. The amount ordered is less than the statutory limits for careless damage. b. The kitchen sink was blocked by fat and required unblocking. I consider this to be careless damage, likely caused by the tenant pouring fat into the sink. I make an order for the amount claimed of $161.00.

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

The amounts ordered are proved.

The landlord claimed the cost to replace the upstairs bathroom shower hose and to unblock hair from the bath trap (invoiced as a combined fee) however no photos were provided in support of the claim, therefore I am not satisfied that this damage has occurred or that it is beyond fair wear and tear. Filing fee

Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee of $27.00. Suppression

The landlord sought suppression and as the application is successful, I have made an order accordingly.

Claims and awards in Tenancy Tribunal application 4991848 — net $6,157.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 August 2024	$4,050.00	Rent arrears to 21 August 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Water rates to 21 August 2024	$654.04	Water rates to 21 August 2024
Unblock kitchen sink	$161.00	Unblock kitchen sink
Cleaning	$575.00	Cleaning
Rubbish removal	$471.50	Rubbish removal
Oven/stove cleaning	$92.00	Oven/stove cleaning
Repairs: GIB repair on staircase	$126.50	Repairs: GIB repair on staircase
Net award	$6,157.04
Total payable by Tenant to Landlord	$6,157.04

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Casey Selwyn, Justyce Selwyn, thomas wiremu munu and Destiny Selwyn must pay [The landlord/s] $6,157.04 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video call.
The tenants were telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenants were properly served with notice of the hearing.
I understand one of the tenants emailed the registry shortly before the hearing that she was unable to attend the hearing due to family circumstances and during the hearing I received an email that she was assisting her son who had been involved in a car accident.
The registry advised the tenant that the hearing would likely proceed without them and the hearing proceeded in their absence. Landlord’s claims
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 21 August 2024.
The landlord provided rent records which prove the amount owing at the end of the tenancy is $4,050.00.
The bond had been released to the landlord before the hearing and the rent statement shows the bond being credited towards the rent arrears. The amount ordered is the rent arrears after payment of the bond.
The landlord provided water rates invoices and a statement which confirms the amount owing at the end of the tenancy is $654.04. I have deducted the Tenancy Tribunal filing fee from the amount claimed, which was improperly included in the water rates statement.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Surfaces and the oven required cleaning.
The landlord provided an exit inspection report with photographs and an invoice in support of the claim.
I order $575.00 for general cleaning I have largely reimbursed the landlord’s cleaning costs but made a deduction for the following reasons: a. The tenant is only required to ensure they leave the premises in a reasonably clean and tidy condition. The landlord advised that the property was cleaned to a level that it was able to be re-tenanted, and b. The premises is aged and in some photographs it is difficult to ascertain whether the surface was unclean or displaying wear and tear.
I award $471.50 for rubbish removal and $92.00 for oven 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.
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 following damage was caused during the tenancy: a. The lower wall on the staircase had one large hole that required repair. The landlord was unsure how the damage occurred. I consider it appears to have been by the careless action of the tenant or a person permitted in the premises by the tenant and I make an order for the amount claimed to repair the damage of $126.50. The amount ordered is less than the statutory limits for careless damage. b. The kitchen sink was blocked by fat and required unblocking. I consider this to be careless damage, likely caused by the tenant pouring fat into the sink. I make an order for the amount claimed of $161.00.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord claimed the cost to replace the upstairs bathroom shower hose and to unblock hair from the bath trap (invoiced as a combined fee) however no photos were provided in support of the claim, therefore I am not satisfied that this damage has occurred or that it is beyond fair wear and tear. Filing fee
Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee of $27.00. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly.

Tenancy Tribunal case 4991848 — Rent arrears

At a glance

Tenancy Tribunal case 4991848 — 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