What was the outcome of Tenancy Tribunal case 4998872?

The tribunal order states: Chelsea Maywood/Hook must pay Kate Anderson and Richard Anderson

How much money was awarded in case 4998872?

Cleaning: $218.50 awarded to landlord; Cleaning: $465.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,050.00 awarded to landlord; Rent Arrears: $5,300.00 awarded to landlord; Rent Until Date Of Retenanting 29/9/…: $3,200.00 awarded to landlord; Rubbish Removal: $754.40 awarded to landlord

What type of tenancy dispute was case 4998872?

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

Where can I read the official tribunal order for case 4998872?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11346227-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4998872?

The tribunal order states: Chelsea Maywood/Hook must pay Kate Anderson and Richard Anderson

How much money was awarded in case 4998872?

Cleaning: $218.50 awarded to landlord; Cleaning: $465.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,050.00 awarded to landlord; Rent Arrears: $5,300.00 awarded to landlord; Rent Until Date Of Retenanting 29/9/…: $3,200.00 awarded to landlord; Rubbish Removal: $754.40 awarded to landlord

What type of tenancy dispute was case 4998872?

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

Where can I read the official tribunal order for case 4998872?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11346227-Tenancy_Tribunal_Order.pdf.

30A Redwood Street, Blenheim, Blenheim 7201 Tenancy Tribunal Case 4998872 — Rent arrears

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30A Redwood Street, Blenheim, Blenheim 7201 Tenancy Tribunal Case 4998872 — 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 4998872 — net $8,215.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28/8/24	$5,300.00	Rent arrears to 28/8/24
Rent until date of retenanting 29/9/24	$3,200.00	Rent until date of retenanting 29/9/24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Carpet Cleaning	$218.50	Carpet Cleaning
Cleaning	$465.75	Cleaning
Rubbish removal	$754.40	Rubbish removal
Insurance excess	$1,050.00	Insurance excess
Net award	$8,215.65
Total payable by Tenant to Landlord	$8,215.65

Claims and awards for application 4998872 — net $8,215.65 NZD. Verify on MoJ.

Rent arrears to 28/8/24

Amount: $5,300.00
Awarded to: Landlord
Reason: Rent arrears to 28/8/24

Rent until date of retenanting 29/9/24

Amount: $3,200.00
Awarded to: Landlord
Reason: Rent until date of retenanting 29/9/24

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Carpet Cleaning

Amount: $218.50
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $465.75
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Chelsea Maywood/Hook must pay Kate Anderson and Richard Anderson $8,215.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 (6536864-001) to Kate Anderson and Richard Anderson immediately.

Reasons

The hearing was conducted remotely. Ms Anderson attended the hearing. Attempts to contact the tenant on the number provided were unsuccessful. The hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy commenced on 31 May 2024 for a fixed term of one year to 31 May 2025. The Tribunal terminated the tenancy on 28 August 2024 because of abandonment.

How much is owed for rent ?

The landlord provided rent records which show the rent owing to 28 August 2024 was $5300.00. Section 60 RTA provides that in the case of abandonment of a fixed term tenancy the landlord is entitled to rent for the balance of the fixed term or the date of retenanting, whichever is the earlier. The premises were retenanted from 30 September 2024. The rent owing from 29 August to 29 September 2024 was $3200.00.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
At the end of the tenancy there was significant damage to 5 doors, and there were large holes and damage to the walls in 2 bedrooms, the living area and the stairwell. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find given the nature and extent of the damage, it is more likely than not it was caused intentionally. The landlords have been able to make a successful claim on their insurance policy and are only claiming the excess of $1050.00 which is awarded accordingly.
The amounts ordered are proved.
Because Kate Anderson, Richard Anderson has wholly succeeded with the claim I must reimburse the filing fee.

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 4998872 — net $8,215.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28/8/24	$5,300.00	Rent arrears to 28/8/24
Rent until date of retenanting 29/9/24	$3,200.00	Rent until date of retenanting 29/9/24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Carpet Cleaning	$218.50	Carpet Cleaning
Cleaning	$465.75	Cleaning
Rubbish removal	$754.40	Rubbish removal
Insurance excess	$1,050.00	Insurance excess
Net award	$8,215.65
Total payable by Tenant to Landlord	$8,215.65

Claims and awards for application 4998872 — net $8,215.65 NZD. Verify on MoJ.

Rent arrears to 28/8/24

Amount: $5,300.00
Awarded to: Landlord
Reason: Rent arrears to 28/8/24

Rent until date of retenanting 29/9/24

Amount: $3,200.00
Awarded to: Landlord
Reason: Rent until date of retenanting 29/9/24

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Carpet Cleaning

Amount: $218.50
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $465.75
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Chelsea Maywood/Hook must pay Kate Anderson and Richard Anderson $8,215.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,800.00 (6536864-001) to Kate Anderson and Richard Anderson immediately.

Reasons

The hearing was conducted remotely. Ms Anderson attended the hearing. Attempts to contact the tenant on the number provided were unsuccessful. The hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy commenced on 31 May 2024 for a fixed term of one year to 31 May 2025. The Tribunal terminated the tenancy on 28 August 2024 because of abandonment.

How much is owed for rent ?

The landlord provided rent records which show the rent owing to 28 August 2024 was $5300.00. Section 60 RTA provides that in the case of abandonment of a fixed term tenancy the landlord is entitled to rent for the balance of the fixed term or the date of retenanting, whichever is the earlier. The premises were retenanted from 30 September 2024. The rent owing from 29 August to 29 September 2024 was $3200.00.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
At the end of the tenancy there was significant damage to 5 doors, and there were large holes and damage to the walls in 2 bedrooms, the living area and the stairwell. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find given the nature and extent of the damage, it is more likely than not it was caused intentionally. The landlords have been able to make a successful claim on their insurance policy and are only claiming the excess of $1050.00 which is awarded accordingly.
The amounts ordered are proved.
Because Kate Anderson, Richard Anderson has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4998872 — Rent arrears at 30A Redwood Street, Blenheim, Blenheim 7201

At a glance

Tenancy Tribunal case 4998872 — Rent arrears at 30A Redwood Street, Blenheim, Blenheim 7201

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