How much money was awarded in case 5022762?

Rent Arrears: $271.00 awarded to landlord; Rubbish Removal: $3,936.99 awarded to landlord

What type of tenancy dispute was case 5022762?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5022762?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11716977-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5022762?

Rent Arrears: $271.00 awarded to landlord; Rubbish Removal: $3,936.99 awarded to landlord

What type of tenancy dispute was case 5022762?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5022762?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11716977-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5022762 — Rent arrears

Q: What was Tenancy Tribunal case 5022762 about?

The tribunal order states: The Tribunal orders suppression of the Tenants’ names and identifying details.

Order

Claims and awards in Tenancy Tribunal application 5022762 — net $4,207.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 September 2024	$271.00	Rent arrears to 30 September 2024
Plaster/patch damage, cleaning, and rubbish removal	$3,936.99	Plaster/patch damage, cleaning, and rubbish removal
Net award	$4,207.99
Total payable by Tenant to Landlord	$4,207.99

The Tribunal orders suppression of the Tenants’ names and identifying details.

[The tenant/s] owe Kāinga Ora–Homes And Communities $4,207.99, calculated as shown in table below.

The tenants must continue to pay the debt in order 2 at the rate of $20.00 per week. The next payment must be made on Wednesday 16 April 2025 and payments must continue every Wednesday until the debt is paid in full.

If the tenants fail to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

The landlord attended the hearing which was held by teleconference. The tenants were contacted twice on the contact number provided but without success. I was satisfied that adequate service of the hearing notice was completed and deemed it reasonable to proceed with the hearing in the tenants’ absence.

The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 30 September 2024. 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 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.

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.

On the evidence, the landlord proved the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord also proved that damage was caused during the tenancy including damage to various walls requiring plaster/patch repair in bedroom one, dining/kitchen, bedroom 2 and the staircase. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The amounts ordered are proved.

Betterment and depreciation has been taken into account. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. Payment plan

The tenants have been making regular payments of $20.00 per week towards the outstanding debt for some time. This ongoing payment arrangement has been acknowledged by the landlord and is reflected in the submitted documentation.

The landlord advised that they are willing to formalise this existing arrangement through the Tribunal, allowing the $20.00 weekly payments to continue until the full amount owed is repaid. While it would have been preferable for the tenants to attend the hearing to confirm their agreement and formally commit to the arrangement, I am satisfied—based on the history of consistent payments and the landlord’s consent—that there is sufficient basis to issue an enforceable order in the tenants’ absence.

This will allow for certainty for both parties and avoid the need for further enforcement proceedings, provided the tenants continue to meet their obligations under the formalised plan. Filing fee and suppression order

The landlord did not seek reimbursement of the filing fee or requested a suppression order.

However, given that this is effectively a consent arrangement and the tenants have demonstrated good faith by making consistent repayments, I consider it reasonable and appropriate to grant suppression of the tenants’ names and identifying details under section 95A of the Residential Tenancies Act 1986, to avoid any disproportionate consequences arising from publication.

Claims and awards in Tenancy Tribunal application 5022762 — net $4,207.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 September 2024	$271.00	Rent arrears to 30 September 2024
Plaster/patch damage, cleaning, and rubbish removal	$3,936.99	Plaster/patch damage, cleaning, and rubbish removal
Net award	$4,207.99
Total payable by Tenant to Landlord	$4,207.99

Order

The Tribunal orders suppression of the Tenants’ names and identifying details.
[The tenant/s] owe Kāinga Ora–Homes And Communities $4,207.99, calculated as shown in table below.
The tenants must continue to pay the debt in order 2 at the rate of $20.00 per week. The next payment must be made on Wednesday 16 April 2025 and payments must continue every Wednesday until the debt is paid in full.
If the tenants fail to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

The landlord attended the hearing which was held by teleconference. The tenants were contacted twice on the contact number provided but without success. I was satisfied that adequate service of the hearing notice was completed and deemed it reasonable to proceed with the hearing in the tenants’ absence.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 30 September 2024. 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 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.
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.
On the evidence, the landlord proved the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord also proved that damage was caused during the tenancy including damage to various walls requiring plaster/patch repair in bedroom one, dining/kitchen, bedroom 2 and the staircase. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved.
Betterment and depreciation has been taken into account. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. Payment plan
The tenants have been making regular payments of $20.00 per week towards the outstanding debt for some time. This ongoing payment arrangement has been acknowledged by the landlord and is reflected in the submitted documentation.
The landlord advised that they are willing to formalise this existing arrangement through the Tribunal, allowing the $20.00 weekly payments to continue until the full amount owed is repaid. While it would have been preferable for the tenants to attend the hearing to confirm their agreement and formally commit to the arrangement, I am satisfied—based on the history of consistent payments and the landlord’s consent—that there is sufficient basis to issue an enforceable order in the tenants’ absence.
This will allow for certainty for both parties and avoid the need for further enforcement proceedings, provided the tenants continue to meet their obligations under the formalised plan. Filing fee and suppression order
The landlord did not seek reimbursement of the filing fee or requested a suppression order.
However, given that this is effectively a consent arrangement and the tenants have demonstrated good faith by making consistent repayments, I consider it reasonable and appropriate to grant suppression of the tenants’ names and identifying details under section 95A of the Residential Tenancies Act 1986, to avoid any disproportionate consequences arising from publication.

Tenancy Tribunal case 5022762 — Rent arrears

At a glance

Tenancy Tribunal case 5022762 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations?

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?

Did the tenant comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions