What was Tenancy Tribunal case 5051091 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 5051091?

Cleaning: $1,050.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $13,584.28 awarded to landlord; Kitchen Cabinet: $1,390.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 5051091?

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

Where can I read the official tribunal order for case 5051091?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11713058-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5051091 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 5051091?

Cleaning: $1,050.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $13,584.28 awarded to landlord; Kitchen Cabinet: $1,390.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 5051091?

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

Where can I read the official tribunal order for case 5051091?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11713058-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5051091 — Rent arrears

Claims and awards in Tenancy Tribunal application 5051091 — net $14,851.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 29/9/24	$13,584.28	Rent arrears 29/9/24
Cleaning	$1,050.00	Cleaning
Cleaning: - graffiti	$80.00	Cleaning: - graffiti
Rubbish removal	$500.00	Rubbish removal
Repairs: Kitchen cabinet	$1,390.00	Repairs: Kitchen cabinet
Filing fee reimbursement	$27.00	andlord has wholly succeeded with the claim, I must reimburse the filing fee of $27. Suppression
Net award	$14,851.28
Total payable by Tenant to Landlord	$14,851.28

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Kylie Aroha Kara must pay [The landlord/s] $14,851.28 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,780.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the video hearing.
The tenant did not join the remote hearing and was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing by email to an email address provided by the landlord at the first hearing. The hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, payment of the bond and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. Rent arrears
The tenancy ended on 29 September 2024. The landlord has provided rent records which prove the amount owing at the end of the tenancy.
Where a party to a tenancy agreement breaches any provisions of the agreement or the RTA, the other party shall take all reasonable steps to limit damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract. 1 This means that they must take actions to limit any loss from a breach by the other party. When rent arrears occur, a reasonable landlord will mitigate that loss by applying to the Tenancy Tribunal to have the rent arrears paid, or the tenancy terminated. 1 Section 49 RTA.
The burden is on the tenant to show the landlord has failed to mitigate his loss, and as the tenant did not attend the hearing the full amount of rent arrears claimed is awarded. The amount ordered is $13,584.28.

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. 2
The tenant did not leave the premises reasonably clean and tidy and did not remove their rubbish.
The landlord claimed $1575 for cleaning costs for 35 hours of the landlord's time. The landlord said the walls were grubby and it is clear cleaning would have been required where the tenant left rubbish and goods. The Tribunal will generally compensate the landlord’s time at $30 per hour. I therefore consider $1,050 is reasonable to compensate the landlord for cleaning. I award $80.00 to remove the graffiti off windows which is the full amount claimed.
I make an order for rubbish removal of $500 to reflect the landlord’s evidence that the time to remove the rubbish was 22-24 hours, however I have made a small deduction as the photographs provided in support of the claim include the carpet removal, which is not an expense the tenant is liable for.
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. 3 Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, 2 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 3 See sections 40(2)(a), 41 and 49B RTA. reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 4
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). 5 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). 6 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 7
The landlord said the insurance excess was $1,650 and rent was $600 per week.
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. 8 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. 9
I must take into account 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Kitchen cabinet
The landlord says the kitchen cabinet door was damaged during the tenancy. The landlord claimed $1540 for an invoice to repair the kitchen cabinet door. The invoice included a claim to repair the kitchen drawers however I understand the draws were not damaged by the tenant. The landlord provided post tenancy photographs and confirmed in oral evidence that the cabinet was 4 See Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. 5 See section 49B(3)(a) RTA. 6 See section 49B(3)(b) RTA. 7 See section 49B(3A)(a) RTA. 8 See section 49B(1) RTA. 9 See Guo v Korck [2019] NZHC 1541. in good condition at the start of the tenancy. I have deducted $150 from the claim to reflect the repairs to the draws and make an order for $1390 for the kitchen cabinetry.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved. Bond
The bond is to be paid to the landlord immediately to offset the amounts ordered. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee of $27. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly. 10

Claims and awards in Tenancy Tribunal application 5051091 — net $14,851.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 29/9/24	$13,584.28	Rent arrears 29/9/24
Cleaning	$1,050.00	Cleaning
Cleaning: - graffiti	$80.00	Cleaning: - graffiti
Rubbish removal	$500.00	Rubbish removal
Repairs: Kitchen cabinet	$1,390.00	Repairs: Kitchen cabinet
Filing fee reimbursement	$27.00	andlord has wholly succeeded with the claim, I must reimburse the filing fee of $27. Suppression
Net award	$14,851.28
Total payable by Tenant to Landlord	$14,851.28

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Kylie Aroha Kara must pay [The landlord/s] $14,851.28 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,780.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the video hearing.
The tenant did not join the remote hearing and was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing by email to an email address provided by the landlord at the first hearing. The hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, payment of the bond and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. Rent arrears
The tenancy ended on 29 September 2024. The landlord has provided rent records which prove the amount owing at the end of the tenancy.
Where a party to a tenancy agreement breaches any provisions of the agreement or the RTA, the other party shall take all reasonable steps to limit damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract. 1 This means that they must take actions to limit any loss from a breach by the other party. When rent arrears occur, a reasonable landlord will mitigate that loss by applying to the Tenancy Tribunal to have the rent arrears paid, or the tenancy terminated. 1 Section 49 RTA.
The burden is on the tenant to show the landlord has failed to mitigate his loss, and as the tenant did not attend the hearing the full amount of rent arrears claimed is awarded. The amount ordered is $13,584.28.

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. 2
The tenant did not leave the premises reasonably clean and tidy and did not remove their rubbish.
The landlord claimed $1575 for cleaning costs for 35 hours of the landlord's time. The landlord said the walls were grubby and it is clear cleaning would have been required where the tenant left rubbish and goods. The Tribunal will generally compensate the landlord’s time at $30 per hour. I therefore consider $1,050 is reasonable to compensate the landlord for cleaning. I award $80.00 to remove the graffiti off windows which is the full amount claimed.
I make an order for rubbish removal of $500 to reflect the landlord’s evidence that the time to remove the rubbish was 22-24 hours, however I have made a small deduction as the photographs provided in support of the claim include the carpet removal, which is not an expense the tenant is liable for.
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. 3 Fair wear and tear has been defined as the deterioration of premises due to both reasonable use and ordinary operation of natural forces, 2 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 3 See sections 40(2)(a), 41 and 49B RTA. reasonable conduct on the part of the tenant being assumed. The amount of damage is not relevant. 4
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). 5 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). 6 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 7
The landlord said the insurance excess was $1,650 and rent was $600 per week.
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. 8 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. 9
I must take into account 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Kitchen cabinet
The landlord says the kitchen cabinet door was damaged during the tenancy. The landlord claimed $1540 for an invoice to repair the kitchen cabinet door. The invoice included a claim to repair the kitchen drawers however I understand the draws were not damaged by the tenant. The landlord provided post tenancy photographs and confirmed in oral evidence that the cabinet was 4 See Accessible Properties New Zealand Ltd v McKeefry [2019] NZTT 4114629, 4169403. 5 See section 49B(3)(a) RTA. 6 See section 49B(3)(b) RTA. 7 See section 49B(3A)(a) RTA. 8 See section 49B(1) RTA. 9 See Guo v Korck [2019] NZHC 1541. in good condition at the start of the tenancy. I have deducted $150 from the claim to reflect the repairs to the draws and make an order for $1390 for the kitchen cabinetry.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved. Bond
The bond is to be paid to the landlord immediately to offset the amounts ordered. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee of $27. Suppression
The landlord sought suppression and as the application is successful, I have made an order accordingly. 10

Tenancy Tribunal case 5051091 — Rent arrears

At a glance

Tenancy Tribunal case 5051091 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

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

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