What was Tenancy Tribunal case 4993789 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 4993789?

Cleaning: $580.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,106.77 awarded to landlord; to walls, three doors and replace gl…: $800.00 awarded to landlord; Rubbish Removal: $900.00 awarded to landlord

What type of tenancy dispute was case 4993789?

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

Where can I read the official tribunal order for case 4993789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11226463-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4993789 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 4993789?

Cleaning: $580.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $8,106.77 awarded to landlord; to walls, three doors and replace gl…: $800.00 awarded to landlord; Rubbish Removal: $900.00 awarded to landlord

What type of tenancy dispute was case 4993789?

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

Where can I read the official tribunal order for case 4993789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11226463-Tribunal_Order_Redacted.pdf.

68 College Road, Northcote, Auckland 0627 Tenancy Tribunal Case 4993789 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4993789 — net $8,404.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/9/2024	$8,106.77	Rent arrears to 15/9/2024
Rubbish removal including tip fees	$900.00	Rubbish removal including tip fees
Cleaning carpets and house cleaning	$580.75	Cleaning carpets and house cleaning
Repairs: to walls, three doors and replace glass in garage	$800.00	Repairs: to walls, three doors and replace glass in garage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,404.52
Total payable by Tenant to Landlord	$8,404.52

Only the applicant landlord attended the hearing. The tenant did not join the video link and could not be contacted on his cell phone.

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?

The tenancy ended on 15/9/2024 as per the previous Tribunal order. The landlord provided rent records 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 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 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: several walls and three doors had holes that needed repair and the window in the garage was broken and needed to be replaces. 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 landlord has claimed only for repairs.

The tenant is to pay the filing fee as the application is successful.

The landlord is entitled to name suppression as the application is successful. The public interest requires that the tenant’s name is published.

Claims and awards in Tenancy Tribunal application 4993789 — net $8,404.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/9/2024	$8,106.77	Rent arrears to 15/9/2024
Rubbish removal including tip fees	$900.00	Rubbish removal including tip fees
Cleaning carpets and house cleaning	$580.75	Cleaning carpets and house cleaning
Repairs: to walls, three doors and replace glass in garage	$800.00	Repairs: to walls, three doors and replace glass in garage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,404.52
Total payable by Tenant to Landlord	$8,404.52

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Esera Fagota must pay [The landlord/s] $8,404.52 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 on his cell phone.
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?

The tenancy ended on 15/9/2024 as per the previous Tribunal order. The landlord provided rent records 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 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 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: several walls and three doors had holes that needed repair and the window in the garage was broken and needed to be replaces. 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 landlord has claimed only for repairs.
The tenant is to pay the filing fee as the application is successful.
The landlord is entitled to name suppression as the application is successful. The public interest requires that the tenant’s name is published.

Tenancy Tribunal case 4993789 — Rent arrears at 68 College Road, Northcote, Auckland 0627

At a glance

Tenancy Tribunal case 4993789 — Rent arrears at 68 College Road, Northcote, Auckland 0627

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