What was Tenancy Tribunal case 5063127 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 5063127?

Cleaning: $115.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $2,107.71 awarded to landlord

What type of tenancy dispute was case 5063127?

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

Where can I read the official tribunal order for case 5063127?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11359251-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5063127 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 5063127?

Cleaning: $115.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $2,107.71 awarded to landlord

What type of tenancy dispute was case 5063127?

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

Where can I read the official tribunal order for case 5063127?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11359251-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5063127 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5063127 — net $2,729.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 October 2024	$2,107.71	Rent arrears to 2 October 2024
Lock/key replacement	$230.00	Lock/key replacement
Cleaning	$115.00	Cleaning
Repairs	$250.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,729.71
Total payable by Tenant to Landlord	$2,729.71

The landlord attended the hearing. The tenant Kassius Tinsley attended the hearing. The tenant Eru Davis was contacted twice by telephone but both calls went to answerphone.

The landlord has applied for rent arrears to 2 October 2024, compensation for cleaning, repair to a door and keys that were not returned and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 2 October 2024 after the tenant gave notice. The landlord provided rent records, and which prove the amount owing at the end of the tenancy. The tenant accepts that the rent is owing.

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. The landlord provided photographs of the property that showed the condition of the property at the end of the tenancy. The photographs show areas that needed cleaning. The landlord also asked for the cost of cleaning the carpets, which it says it routinely does between tenancies. There was no evidence that satisfied me that the carpets required cleaning. The tenancy was short (only a matter of months) and I do not consider that the carpets would have required cleaning after a short tenancy. There were no photographs of staining on the carpet.

I have therefore reduced the landlord’s claim for cleaning slightly. I consider the amount awarded to be reasonable to remedy the tenant’s breached.

The tenant did not return the keys.

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 large hole in the bathroom door. 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 taken 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee and name suppression.

As the landlord has been successful in its claims then it is entitled to reimbursement of the filing fee and name suppression.

Claims and awards in Tenancy Tribunal application 5063127 — net $2,729.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 October 2024	$2,107.71	Rent arrears to 2 October 2024
Lock/key replacement	$230.00	Lock/key replacement
Cleaning	$115.00	Cleaning
Repairs	$250.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,729.71
Total payable by Tenant to Landlord	$2,729.71

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Kassius Te Rau Aroha Tinsley and Eru Te Piki Takurua Tipiwai Davis must pay [The landlord/s] $2,729.71 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant Kassius Tinsley attended the hearing. The tenant Eru Davis was contacted twice by telephone but both calls went to answerphone.
The landlord has applied for rent arrears to 2 October 2024, compensation for cleaning, repair to a door and keys that were not returned and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 2 October 2024 after the tenant gave notice. The landlord provided rent records, and which prove the amount owing at the end of the tenancy. The tenant accepts that the rent is owing.

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. The landlord provided photographs of the property that showed the condition of the property at the end of the tenancy. The photographs show areas that needed cleaning. The landlord also asked for the cost of cleaning the carpets, which it says it routinely does between tenancies. There was no evidence that satisfied me that the carpets required cleaning. The tenancy was short (only a matter of months) and I do not consider that the carpets would have required cleaning after a short tenancy. There were no photographs of staining on the carpet.
I have therefore reduced the landlord’s claim for cleaning slightly. I consider the amount awarded to be reasonable to remedy the tenant’s breached.
The tenant did not return the keys.
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 large hole in the bathroom door. 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 taken 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 have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee and name suppression.
As the landlord has been successful in its claims then it is entitled to reimbursement of the filing fee and name suppression.

Tenancy Tribunal case 5063127 — Rent arrears

At a glance

Tenancy Tribunal case 5063127 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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