What was Tenancy Tribunal case 5030248 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 5030248?

Cleaning: $72.49 awarded to landlord; Cleaning: $1,286.62 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $56.05 awarded to landlord; Property Damage: $2,100.42 awarded to landlord; Rent Arrears: $10,660.00 awarded to landlord; Rubbish Removal: $252.29 awarded to landlord; Smoke Alarms: $48.86 awarded to landlord; Water Rates: $57.50 awarded to landlord

What type of tenancy dispute was case 5030248?

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

Where can I read the official tribunal order for case 5030248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11099374-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5030248 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 5030248?

Cleaning: $72.49 awarded to landlord; Cleaning: $1,286.62 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $56.05 awarded to landlord; Property Damage: $2,100.42 awarded to landlord; Rent Arrears: $10,660.00 awarded to landlord; Rubbish Removal: $252.29 awarded to landlord; Smoke Alarms: $48.86 awarded to landlord; Water Rates: $57.50 awarded to landlord

What type of tenancy dispute was case 5030248?

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

Where can I read the official tribunal order for case 5030248?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11099374-Tribunal_Order_Redacted.pdf.

18A Easton Street, Foxton, Foxton 4814 Tenancy Tribunal Case 5030248 — Rent arrears

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18A Easton Street, Foxton, Foxton 4814 Tenancy Tribunal Case 5030248 — 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 5030248 — net $12,441.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$10,660.00	Rent arrears
Carpet Cleaning	$72.49	Carpet Cleaning
Rubbish removal	$252.29	Rubbish removal
Cleaning	$1,286.62	Cleaning
Water rates	$57.50	Water rates
Lock/key replacement	$56.05	Lock/key replacement
Replace smoke alarms	$48.86	Replace smoke alarms
Repairs	$2,100.42	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$12,441.23
Total payable by Tenant to Landlord	$12,441.23

Claims and awards for application 5030248 — net $12,441.23 NZD. Verify on MoJ.

Rent arrears

Amount: $10,660.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $72.49
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $252.29
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $1,286.62
Awarded to: Landlord
Reason: Cleaning

Water rates

Amount: $57.50
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Savannah Takiwa must pay [The landlord/s] $12,441.23 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,120.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$10,660.00 Carpet Cleaning$72.49 Rubbish removal$252.29 Cleaning$1,286.62 Water rates$57.50 Lock/key replacement$56.05 Replace smoke alarms$48.86 Repairs$2,100.42 Filing fee reimbursement$27.00 Total award$14,561.23 Bond$2,120.00 Total payable by Tenant to Landlord$12,441.23

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
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 was for a fixed term ending on 30 January 2025. In mid-September the landlord discovered that the tenant had left the property without giving him notice.
Because of its state, the landlord took possession, cleaned and repaired it and re-let it from 9 October 2024. Because this was a fixed term tenancy expiring after this date, the tenant is liable for rent until this date.
The landlord provided rent records and water rates invoices 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 landlord provided photographic evidence that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appeared that the tenant had taken what she wanted, left anything else behind and made no attempt to clean the property or mow the lawns.
The tenant did not return the keys.
The landlord had to replace smoke alarms.
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.
The following damage was caused during the tenancy: a. A bedroom door handle had been intentionally removed. b. There was a hole in the hallway wall. This appears to have been the result of significant force such as a punch. It is intentional damage. c. The edge of formica top of the kitchen bench had numerous laceration marks. Because of the number of marks, it is clear that the tenant did not stop doing whatever was causing the damage. This was therefore intentional damage. d. There were holes and indentations on almost every wall. In addition, there weas extensive scribble marks. From its nature and extent, this was intentional damage.
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 considered betterment and depreciation. 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.
The landlord explained that the property had been painted prior to the start of the tenancy in October 2023. Given the very modest amount claimed, it is appropriate that the property be returned to the state it was in at the start of the tenancy and the full sum claimed be awarded to the landlord.
Because [The applicant/s] 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 5030248 — net $12,441.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$10,660.00	Rent arrears
Carpet Cleaning	$72.49	Carpet Cleaning
Rubbish removal	$252.29	Rubbish removal
Cleaning	$1,286.62	Cleaning
Water rates	$57.50	Water rates
Lock/key replacement	$56.05	Lock/key replacement
Replace smoke alarms	$48.86	Replace smoke alarms
Repairs	$2,100.42	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$12,441.23
Total payable by Tenant to Landlord	$12,441.23

Claims and awards for application 5030248 — net $12,441.23 NZD. Verify on MoJ.

Rent arrears

Amount: $10,660.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $72.49
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $252.29
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $1,286.62
Awarded to: Landlord
Reason: Cleaning

Water rates

Amount: $57.50
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Savannah Takiwa must pay [The landlord/s] $12,441.23 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,120.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$10,660.00 Carpet Cleaning$72.49 Rubbish removal$252.29 Cleaning$1,286.62 Water rates$57.50 Lock/key replacement$56.05 Replace smoke alarms$48.86 Repairs$2,100.42 Filing fee reimbursement$27.00 Total award$14,561.23 Bond$2,120.00 Total payable by Tenant to Landlord$12,441.23

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
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 was for a fixed term ending on 30 January 2025. In mid-September the landlord discovered that the tenant had left the property without giving him notice.
Because of its state, the landlord took possession, cleaned and repaired it and re-let it from 9 October 2024. Because this was a fixed term tenancy expiring after this date, the tenant is liable for rent until this date.
The landlord provided rent records and water rates invoices 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 landlord provided photographic evidence that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appeared that the tenant had taken what she wanted, left anything else behind and made no attempt to clean the property or mow the lawns.
The tenant did not return the keys.
The landlord had to replace smoke alarms.
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.
The following damage was caused during the tenancy: a. A bedroom door handle had been intentionally removed. b. There was a hole in the hallway wall. This appears to have been the result of significant force such as a punch. It is intentional damage. c. The edge of formica top of the kitchen bench had numerous laceration marks. Because of the number of marks, it is clear that the tenant did not stop doing whatever was causing the damage. This was therefore intentional damage. d. There were holes and indentations on almost every wall. In addition, there weas extensive scribble marks. From its nature and extent, this was intentional damage.
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 considered betterment and depreciation. 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.
The landlord explained that the property had been painted prior to the start of the tenancy in October 2023. Given the very modest amount claimed, it is appropriate that the property be returned to the state it was in at the start of the tenancy and the full sum claimed be awarded to the landlord.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5030248 — Rent arrears at 18A Easton Street, Foxton, Foxton 4814

At a glance

Tenancy Tribunal case 5030248 — Rent arrears at 18A Easton Street, Foxton, Foxton 4814

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

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

Frequently asked questions