What was the outcome of Tenancy Tribunal case 5010849?

The tribunal order states: Fiona Moore must pay Rentex Limited $1,134.29 immediately, calculated as

How much money was awarded in case 5010849?

Cleaning: $1,529.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,300.00 awarded to landlord; Water Rates: $157.79 awarded to landlord

What type of tenancy dispute was case 5010849?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5010849?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11365851-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5010849?

The tribunal order states: Fiona Moore must pay Rentex Limited $1,134.29 immediately, calculated as

How much money was awarded in case 5010849?

Cleaning: $1,529.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,300.00 awarded to landlord; Water Rates: $157.79 awarded to landlord

What type of tenancy dispute was case 5010849?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5010849?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11365851-Tenancy_Tribunal_Order.pdf.

20 Remuremu Street, Long Bay, Auckland 0630 Tenancy Tribunal Case 5010849 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5010849 — net $1,134.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29.9.24	$3,300.00	Rent arrears to 29.9.24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$1,529.50	Cleaning
Water rates	$157.79	Water rates
Net award	$1,134.29
Total payable by Tenant to Landlord	$1,134.29

Only the landlord attended the hearing. Calls to the number provided for the tenant did not connect.

Just because a party does not appear, does not mean however that the Tribunal does not rigorously hear the case.

Although the tenant did not appear, she contacted the Tribunal to advise she had heard nothing from the landlord since the end of the tenancy.

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 29 September 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy and as ordered 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) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy.

The premises were left in an utterly filthy condition inside.

The landlord claims that after doing an inspection after the tenancy ended she contacted the tenant to tell her to come back and clean up the filth, giving her the contact details of her cleaner to organise an external clean if she wished.

It appears that did not happen. I have no reason to disbelieve the landlord on this.

Although on the high side, I consider the costs in this case were reasonable.

The tenant did not return the keys.

I do not allow the amount claims for the garden and lawn work as no invoice was submitted prior to the hearing.

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 landlord claims $345 for various painting and remedial work. I am not satisfied that this damage, in a five year tenancy, can be considered as anything other than general wear and tear and I am not prepared to allow it.

I am also not prepared to allow the cost of a bathroom lamp as no invoice was provided prior to the hearing.

Because Rentex Limited has wholly succeeded with the claim I must reimburse the filing fee.

The landlord advised the tribunal she was not seeking name suppression.

Claims and awards in Tenancy Tribunal application 5010849 — net $1,134.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29.9.24	$3,300.00	Rent arrears to 29.9.24
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$1,529.50	Cleaning
Water rates	$157.79	Water rates
Net award	$1,134.29
Total payable by Tenant to Landlord	$1,134.29

Order

Fiona Moore must pay Rentex Limited $1,134.29 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,880.00 (6285067-001) to Rentex Limited immediately.

Reasons

Only the landlord attended the hearing. Calls to the number provided for the tenant did not connect.
Just because a party does not appear, does not mean however that the Tribunal does not rigorously hear the case.
Although the tenant did not appear, she contacted the Tribunal to advise she had heard nothing from the landlord since the end of the tenancy.
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 29 September 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy and as ordered 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) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy.
The premises were left in an utterly filthy condition inside.
The landlord claims that after doing an inspection after the tenancy ended she contacted the tenant to tell her to come back and clean up the filth, giving her the contact details of her cleaner to organise an external clean if she wished.
It appears that did not happen. I have no reason to disbelieve the landlord on this.
Although on the high side, I consider the costs in this case were reasonable.
The tenant did not return the keys.
I do not allow the amount claims for the garden and lawn work as no invoice was submitted prior to the hearing.

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 landlord claims $345 for various painting and remedial work. I am not satisfied that this damage, in a five year tenancy, can be considered as anything other than general wear and tear and I am not prepared to allow it.
I am also not prepared to allow the cost of a bathroom lamp as no invoice was provided prior to the hearing.
Because Rentex Limited has wholly succeeded with the claim I must reimburse the filing fee.
The landlord advised the tribunal she was not seeking name suppression.

Tenancy Tribunal case 5010849 — Rent arrears at 20 Remuremu Street, Long Bay, Auckland 0630

At a glance

Tenancy Tribunal case 5010849 — Rent arrears at 20 Remuremu Street, Long Bay, Auckland 0630

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

Property management

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

Property management

Frequently asked questions