What was Tenancy Tribunal case 4992609 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 4992609?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $379.50 awarded to landlord; Property Damage: $363.98 awarded to landlord; Property Damage: $210.98 awarded to landlord; Rent Arrears: $3,290.00 awarded to landlord; Rubbish Removal: $797.25 awarded to landlord

What type of tenancy dispute was case 4992609?

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

Where can I read the official tribunal order for case 4992609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11164215-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4992609 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 4992609?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $379.50 awarded to landlord; Property Damage: $363.98 awarded to landlord; Property Damage: $210.98 awarded to landlord; Rent Arrears: $3,290.00 awarded to landlord; Rubbish Removal: $797.25 awarded to landlord

What type of tenancy dispute was case 4992609?

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

Where can I read the official tribunal order for case 4992609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11164215-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4992609 — Rent arrears

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New Zealand Tenancy Tribunal Case 4992609 — 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 4992609 — net $5,068.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9.5.2024	$3,290.00	Rent arrears to 9.5.2024
Cleaning and rubbish removal	$797.25	Cleaning and rubbish removal
Lawns and garden work	$379.50	Lawns and garden work
Lock/key replacement	$363.98	Lock/key replacement
Window repairs	$210.98	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,068.71
Total payable by Tenant to Landlord	$5,068.71

Claims and awards for application 4992609 — net $5,068.71 NZD. Verify on MoJ.

Rent arrears to 9.5.2024

Amount: $3,290.00
Awarded to: Landlord
Reason: Rent arrears to 9.5.2024

Cleaning and rubbish removal

Amount: $797.25
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Lawns and garden work

Amount: $379.50
Awarded to: Landlord
Reason: Lawns and garden work

Lock/key replacement

Amount: $363.98
Awarded to: Landlord
Reason: Lock/key replacement

Window repairs

Amount: $210.98
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Iriea Aberahama must pay [The landlord/s] $5,068.71 immediately, calculated as shown in the table below.

Reasons

Only the landlord, represented by [The property manager/s], attended the hearing, which was conducted via teleconference. Three attempts were made to contact the tenant, and on each occasion, the call did not connect. As the tenant has been notified, the hearing proceeded.
This tenancy began on 4 March 2023 and ended on 9 May 2024, following an order of the Tribunal terminating the tenancy.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The landlord has received the bond.

How much is owed for rent?

The tenancy ended on 9 May 2024, and the rent arrears to this date is $3,290.00. The landlord provided rent records and oral evidence, which proves the amount owing at the end of the tenancy. This is awarded above.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims cleaning, rubbish removal and gardening costs. The landlord has provided photographic evidence and the relevant invoices. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was a significant amount of rubbish left behind, including furniture and appliances, and further cleaning was required. The garden was also overgrown. The amounts ordered are proved.
The tenant did not return the keys. As he had changed the locks without the landlord’s permission, the keys held by the landlord did not work. The invoice for the locksmith’s charges was provided.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to a window. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the 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) of the 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.
From the photographic, oral and documentary evidence produced by the landlord (including an invoice for repair), I am satisfied that the damage to the window was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Name suppression and the filing fee
An application for suppression has been made by the landlord. The Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being substantially successful in the proceedings.
The landlord’s request for the filing fee is awarded on the same basis.

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 4992609 — net $5,068.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9.5.2024	$3,290.00	Rent arrears to 9.5.2024
Cleaning and rubbish removal	$797.25	Cleaning and rubbish removal
Lawns and garden work	$379.50	Lawns and garden work
Lock/key replacement	$363.98	Lock/key replacement
Window repairs	$210.98	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,068.71
Total payable by Tenant to Landlord	$5,068.71

Claims and awards for application 4992609 — net $5,068.71 NZD. Verify on MoJ.

Rent arrears to 9.5.2024

Amount: $3,290.00
Awarded to: Landlord
Reason: Rent arrears to 9.5.2024

Cleaning and rubbish removal

Amount: $797.25
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Lawns and garden work

Amount: $379.50
Awarded to: Landlord
Reason: Lawns and garden work

Lock/key replacement

Amount: $363.98
Awarded to: Landlord
Reason: Lock/key replacement

Window repairs

Amount: $210.98
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Iriea Aberahama must pay [The landlord/s] $5,068.71 immediately, calculated as shown in the table below.

Reasons

Only the landlord, represented by [The property manager/s], attended the hearing, which was conducted via teleconference. Three attempts were made to contact the tenant, and on each occasion, the call did not connect. As the tenant has been notified, the hearing proceeded.
This tenancy began on 4 March 2023 and ended on 9 May 2024, following an order of the Tribunal terminating the tenancy.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The landlord has received the bond.

How much is owed for rent?

The tenancy ended on 9 May 2024, and the rent arrears to this date is $3,290.00. The landlord provided rent records and oral evidence, which proves the amount owing at the end of the tenancy. This is awarded above.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims cleaning, rubbish removal and gardening costs. The landlord has provided photographic evidence and the relevant invoices. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was a significant amount of rubbish left behind, including furniture and appliances, and further cleaning was required. The garden was also overgrown. The amounts ordered are proved.
The tenant did not return the keys. As he had changed the locks without the landlord’s permission, the keys held by the landlord did not work. The invoice for the locksmith’s charges was provided.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to a window. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the 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) of the 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.
From the photographic, oral and documentary evidence produced by the landlord (including an invoice for repair), I am satisfied that the damage to the window was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Name suppression and the filing fee
An application for suppression has been made by the landlord. The Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being substantially successful in the proceedings.
The landlord’s request for the filing fee is awarded on the same basis.

Tenancy Tribunal case 4992609 — Rent arrears

At a glance

Tenancy Tribunal case 4992609 — 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

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

Frequently asked questions