How much money was awarded in case 5051211?

Cleaning: $201.00 awarded to landlord; Cleaning: $520.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $764.00 awarded to landlord; Reattach Toilet Roll Holder: $20.00 awarded to landlord; Rent Arrears: $971.00 awarded to landlord; Rubbish Removal: $188.00 awarded to landlord; Unblock Kitchen Sink: $80.00 awarded to landlord

What type of tenancy dispute was case 5051211?

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

Where can I read the official tribunal order for case 5051211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11240409-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5051211?

Cleaning: $201.00 awarded to landlord; Cleaning: $520.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $764.00 awarded to landlord; Reattach Toilet Roll Holder: $20.00 awarded to landlord; Rent Arrears: $971.00 awarded to landlord; Rubbish Removal: $188.00 awarded to landlord; Unblock Kitchen Sink: $80.00 awarded to landlord

What type of tenancy dispute was case 5051211?

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

Where can I read the official tribunal order for case 5051211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11240409-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5051211 — Rent arrears

Q: What was Tenancy Tribunal case 5051211 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 5051211 — net $1,571.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20/9/2024	$971.00	Rent arrears to 20/9/2024
Cleaning including bins patio & weeds	$520.00	Cleaning including bins patio & weeds
Carpet Cleaning	$201.00	Carpet Cleaning
Rubbish removal	$188.00	Rubbish removal
Repairs, replacement & painting of doors	$764.00	Repairs, replacement & painting of doors
Unblock kitchen sink	$80.00	Unblock kitchen sink
Reattach toilet roll holder	$20.00	Reattach toilet roll holder
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,571.00
Total payable by Tenant to Landlord	$1,571.00

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

Rawinia Cooper and Shantal Teararoa Pokipoki must pay [The landlord/s] $1,571.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The claims for loss of rent of $1,600.00 and further compensation of $449.00 are dismissed.

Reasons

The landlord attended the hearing.

The Tribunal was unsuccessful in contacting the tenants by telephone.

The landlord has applied for rent arrears, loss of rent, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 20/9/2024.

The landlord provided rent records which prove the amount owing to the end of the tenancy.

However, the claim for loss of four weeks rent after the tenancy ended is dismissed.

The tenants vacated at the end of the fixed term.

For the Tribunal to award loss of rent while the landlord waited for the tradesperson to clean and repair the premises is not an exceptional circumstance which would justify such an award.

Rather it is a usual expense associated with the business of renting premises.

Did the tenants 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 landlord claimed compensation of $1,009.00 for cleaning, carpet cleaning, rubbish removal, unblocking the kitchen sink and re-attaching the toilet roll holder.

In support of the claim the landlord provided an invoice, pictures taken on 21/9/2024 and a video the following day.

I am persuaded by the evidence that the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The amounts ordered are proved.

However, the claim for compensation for further rubbish removal and changing the locks fails because of the lack of evidence to support the claims.

Are the tenants 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 tenants 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.

The landlord claimed compensation of $764.00 for replacing and painting three interior doors and rehanging the shower door.

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.

I am satisfied from the property inspection reports, photographs and video that damage was caused during the tenancy to doors and walls.

The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The amounts ordered are proved.

However, the claims for repairs to the dishwasher and front door fail due to the absence of any evidence to support the claims.

As [The applicant/s] has substantially succeeded with the claim I have awarded the filing fee.

Suppression is granted to the landlord pursuant to section 95A as they were largely successful with the claims.

Claims and awards in Tenancy Tribunal application 5051211 — net $1,571.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20/9/2024	$971.00	Rent arrears to 20/9/2024
Cleaning including bins patio & weeds	$520.00	Cleaning including bins patio & weeds
Carpet Cleaning	$201.00	Carpet Cleaning
Rubbish removal	$188.00	Rubbish removal
Repairs, replacement & painting of doors	$764.00	Repairs, replacement & painting of doors
Unblock kitchen sink	$80.00	Unblock kitchen sink
Reattach toilet roll holder	$20.00	Reattach toilet roll holder
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,571.00
Total payable by Tenant to Landlord	$1,571.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rawinia Cooper and Shantal Teararoa Pokipoki must pay [The landlord/s] $1,571.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The claims for loss of rent of $1,600.00 and further compensation of $449.00 are dismissed.

Reasons

The landlord attended the hearing.
The Tribunal was unsuccessful in contacting the tenants by telephone.
The landlord has applied for rent arrears, loss of rent, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 20/9/2024.
The landlord provided rent records which prove the amount owing to the end of the tenancy.
However, the claim for loss of four weeks rent after the tenancy ended is dismissed.
The tenants vacated at the end of the fixed term.
For the Tribunal to award loss of rent while the landlord waited for the tradesperson to clean and repair the premises is not an exceptional circumstance which would justify such an award.
Rather it is a usual expense associated with the business of renting premises.

Did the tenants 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 landlord claimed compensation of $1,009.00 for cleaning, carpet cleaning, rubbish removal, unblocking the kitchen sink and re-attaching the toilet roll holder.
In support of the claim the landlord provided an invoice, pictures taken on 21/9/2024 and a video the following day.
I am persuaded by the evidence that the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amounts ordered are proved.
However, the claim for compensation for further rubbish removal and changing the locks fails because of the lack of evidence to support the claims.

Are the tenants 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 tenants 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.
The landlord claimed compensation of $764.00 for replacing and painting three interior doors and rehanging the shower door.
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.
I am satisfied from the property inspection reports, photographs and video that damage was caused during the tenancy to doors and walls.
The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved.
However, the claims for repairs to the dishwasher and front door fail due to the absence of any evidence to support the claims.
As [The applicant/s] has substantially succeeded with the claim I have awarded the filing fee.
Suppression is granted to the landlord pursuant to section 95A as they were largely successful with the claims.

Tenancy Tribunal case 5051211 — Rent arrears

At a glance

Tenancy Tribunal case 5051211 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions