How much money was awarded in case 5042717?

Cleaning: $685.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $367.10 awarded to landlord; Property Damage: $580.82 awarded to landlord; Rent Arrears: $4,592.86 awarded to landlord; Replace Furnishings: $2,200.00 awarded to landlord; Water Rates: $1,876.26 awarded to landlord

What type of tenancy dispute was case 5042717?

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

Where can I read the official tribunal order for case 5042717?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11328330-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5042717?

Cleaning: $685.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $367.10 awarded to landlord; Property Damage: $580.82 awarded to landlord; Rent Arrears: $4,592.86 awarded to landlord; Replace Furnishings: $2,200.00 awarded to landlord; Water Rates: $1,876.26 awarded to landlord

What type of tenancy dispute was case 5042717?

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

Where can I read the official tribunal order for case 5042717?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11328330-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5042717 — Rent arrears

Q: What was Tenancy Tribunal case 5042717 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5042717 — net $8,359.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,592.86	Rent arrears
Water rates and power arrears to 17/10/24	$1,876.26	Water rates and power arrears to 17/10/24
Lock/key replacement	$580.82	Lock/key replacement
Lawns and Garden work	$367.10	Lawns and Garden work
Cleaning	$400.00	Cleaning
Carpet Cleaning	$685.00	Carpet Cleaning
Cleaning products	$230.00	Cleaning products
Replace furnishings	$2,200.00	Replace furnishings
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,359.04
Total payable by Tenant to Landlord	$8,359.04

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Damian Harvey and Emma White must pay [The landlord] $8,359.04 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

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, power and water rates?

The tenancy ended on 19 October 2024. The landlord provided rent records and Body Corporate power/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 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 tenant did not return the keys.

The following chattels were missing at the end of the tenancy: a. A mattress; and b. Two bedside tables.

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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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 tenants damaged a coffee table and left the broken glass and other debris for the landlord to dispose of. The landlord proved this damage was caused during the tenancy and that the damage is more than fair wear and tear. The tenants have 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. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the filing fee

Because the landlord has wholly succeeded with its claims, I must reimburse the filing fee. Name suppression

The landlord applies for non-publication of its name and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord has substantially succeeded in its proceedings, and I do not consider publication is in the public interest or justified because of the landlord’s conduct.

Claims and awards in Tenancy Tribunal application 5042717 — net $8,359.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,592.86	Rent arrears
Water rates and power arrears to 17/10/24	$1,876.26	Water rates and power arrears to 17/10/24
Lock/key replacement	$580.82	Lock/key replacement
Lawns and Garden work	$367.10	Lawns and Garden work
Cleaning	$400.00	Cleaning
Carpet Cleaning	$685.00	Carpet Cleaning
Cleaning products	$230.00	Cleaning products
Replace furnishings	$2,200.00	Replace furnishings
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,359.04
Total payable by Tenant to Landlord	$8,359.04

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Damian Harvey and Emma White must pay [The landlord] $8,359.04 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
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, power and water rates?

The tenancy ended on 19 October 2024. The landlord provided rent records and Body Corporate power/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 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 tenant did not return the keys.
The following chattels were missing at the end of the tenancy: a. A mattress; and b. Two bedside tables.
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 occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 tenants damaged a coffee table and left the broken glass and other debris for the landlord to dispose of. The landlord proved this damage was caused during the tenancy and that the damage is more than fair wear and tear. The tenants have 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. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the filing fee
Because the landlord has wholly succeeded with its claims, I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings, and I do not consider publication is in the public interest or justified because of the landlord’s conduct.

Tenancy Tribunal case 5042717 — Rent arrears

At a glance

Tenancy Tribunal case 5042717 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent, power 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, power 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