What was Tenancy Tribunal case 5063208 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 5063208?

And The Tribunal Orders Suppression…: $1,731.40 awarded to landlord

What type of tenancy dispute was case 5063208?

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

Where can I read the official tribunal order for case 5063208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11210832-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5063208 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 5063208?

And The Tribunal Orders Suppression…: $1,731.40 awarded to landlord

What type of tenancy dispute was case 5063208?

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

Where can I read the official tribunal order for case 5063208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11210832-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5063208 — Rent arrears

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New Zealand Tenancy Tribunal Case 5063208 — 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 5063208. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
and the Tribunal orders suppression of the [Landlord] name and identifying details. 2. Maria Wirihana to pay [The applic	$1,731.40		and the Tribunal orders suppression of the [Landlord] name and identifying details. 2. Maria Wirihana to pay [The applic

Claims and awards for application 5063208. Verify on MoJ.

and the Tribunal orders suppression of the [Landlord] name and identifying details. 2. Maria Wirihana to pay [The applic

Amount: $1,731.40
Awarded to: Landlord
Reason: and the Tribunal orders suppression of the [Landlord] name and identifying details. 2. Maria Wirihana to pay [The applic

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the [Landlord] name and identifying details.
Maria Wirihana to pay [The applicant/s] $1,731.40 immediately, calculated as follows: Order Award Amount Awarded Rent arrears2,238.40 Rubbish removal (large wheelie bin)141.00 Cleaning and rubbish (interior & exterior)200.00 Hire of skip bin520.00 Lawns and garden maintenance100.00 Repair costs (doors, wall, and handles)345.00 Filing fee reimbursement27.00 Total3,571.4 Less Bond1,840.00 Tenant to pay1,731.40
Bond Services is to pay the bond to Inspire Real Estate Limited As Agent For DNA Properties 2018 Ltd immediately.

Reasons

The Landlord attended 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?

The tenancy ended on 11 November 2024. The Landlord provided rent records which prove the amount owing at the end of the tenancy: $2,238.40

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 Landlord claims as follows: a. Rubbish removal - $141.00 – this is for a large wheelie bin of rubbish removed from the property, full of the Tenant’s rubbish. b. Cleaning and rubbish - $200.00 – this is for interior and exterior cleaning of the property, which is justified given the amount of rubbish left behind and lack of tenant, exit-clean. c. Hire skip bin - $520.00 – there was substantial rubbish at the property and the cheapest way to remove it was by hiring a skip bin. d. Lawns - $100.00 – the lawns, which are extensive, were overgrown, as were the edges and the garden beds we full of weeds.
The amounts ordered are proved with reference to the Landlord’s oral evidence and photographs taken before and after the tenancy.

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 following damage was caused during the tenancy: a. Bathroom Door: The bathroom required plastering, due to intentional holes. b. Bedroom Door: Similarly, the bedroom door also required plastering, due to intentional holes. c. Lounge Wall: A "gib & plaster paint patch" was needed in the lounge, due to more than superficial damage to the walls, that needed to be patched, plastered, and repainted. d. Door Handles: There were "door handle holes x 2" that required attention, one door handle was missing, and the other door handle needed to be "put back on," indicating it was either removed or had fallen off, requiring reattachment.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The cost of repair was $345.00, as per the repairperson’s invoice, which amount I approve.
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.
The Landlord has requested name suppression and the filing fee, and given it has wholly succeeded in its claim, I grant both requests.

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 5063208. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
and the Tribunal orders suppression of the [Landlord] name and identifying details. 2. Maria Wirihana to pay [The applic	$1,731.40		and the Tribunal orders suppression of the [Landlord] name and identifying details. 2. Maria Wirihana to pay [The applic

Claims and awards for application 5063208. Verify on MoJ.

and the Tribunal orders suppression of the [Landlord] name and identifying details. 2. Maria Wirihana to pay [The applic

Amount: $1,731.40
Awarded to: Landlord
Reason: and the Tribunal orders suppression of the [Landlord] name and identifying details. 2. Maria Wirihana to pay [The applic

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the [Landlord] name and identifying details.
Maria Wirihana to pay [The applicant/s] $1,731.40 immediately, calculated as follows: Order Award Amount Awarded Rent arrears2,238.40 Rubbish removal (large wheelie bin)141.00 Cleaning and rubbish (interior & exterior)200.00 Hire of skip bin520.00 Lawns and garden maintenance100.00 Repair costs (doors, wall, and handles)345.00 Filing fee reimbursement27.00 Total3,571.4 Less Bond1,840.00 Tenant to pay1,731.40
Bond Services is to pay the bond to Inspire Real Estate Limited As Agent For DNA Properties 2018 Ltd immediately.

Reasons

The Landlord attended 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?

The tenancy ended on 11 November 2024. The Landlord provided rent records which prove the amount owing at the end of the tenancy: $2,238.40

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 Landlord claims as follows: a. Rubbish removal - $141.00 – this is for a large wheelie bin of rubbish removed from the property, full of the Tenant’s rubbish. b. Cleaning and rubbish - $200.00 – this is for interior and exterior cleaning of the property, which is justified given the amount of rubbish left behind and lack of tenant, exit-clean. c. Hire skip bin - $520.00 – there was substantial rubbish at the property and the cheapest way to remove it was by hiring a skip bin. d. Lawns - $100.00 – the lawns, which are extensive, were overgrown, as were the edges and the garden beds we full of weeds.
The amounts ordered are proved with reference to the Landlord’s oral evidence and photographs taken before and after the tenancy.

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 following damage was caused during the tenancy: a. Bathroom Door: The bathroom required plastering, due to intentional holes. b. Bedroom Door: Similarly, the bedroom door also required plastering, due to intentional holes. c. Lounge Wall: A "gib & plaster paint patch" was needed in the lounge, due to more than superficial damage to the walls, that needed to be patched, plastered, and repainted. d. Door Handles: There were "door handle holes x 2" that required attention, one door handle was missing, and the other door handle needed to be "put back on," indicating it was either removed or had fallen off, requiring reattachment.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The cost of repair was $345.00, as per the repairperson’s invoice, which amount I approve.
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.
The Landlord has requested name suppression and the filing fee, and given it has wholly succeeded in its claim, I grant both requests.

Tenancy Tribunal case 5063208 — Rent arrears

At a glance

Tenancy Tribunal case 5063208 — Rent arrears

At a glance

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

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