What was the outcome of Tenancy Tribunal case 5064988?

The tribunal order states: Amanda Marie Williams must pay Inspire Real Estate Limited $1,901.57

How much money was awarded in case 5064988?

Rubbish Removal: $948.00 awarded to landlord; Rent Arrears: $953.57 awarded to landlord

What type of tenancy dispute was case 5064988?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5064988?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11421180-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5064988?

The tribunal order states: Amanda Marie Williams must pay Inspire Real Estate Limited $1,901.57

How much money was awarded in case 5064988?

Rubbish Removal: $948.00 awarded to landlord; Rent Arrears: $953.57 awarded to landlord

What type of tenancy dispute was case 5064988?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5064988?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11421180-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 877 Main Street, Palmerston North, roslyn 4414 Tenancy Tribunal Case 5064988 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5064988 — net $1,901.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$953.57	Rent arrears
Cleaning: rubbish removal and wall repairs	$948.00	Cleaning: rubbish removal and wall repairs
Net award	$1,901.57
Total payable by Tenant to Landlord	$1,901.57

The landlord attended the hearing by video. The Tenant did not attend by video or answer the telephone calls made by the Tribunal.

The landlord has applied for rent arrears and compensation.

How much is owed for rent?

The tenancy ended on 20 September 2024 The landlord provided rent records 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 Landlord provided photographs of the outgoing inspection report and an invoice for the costs. It appeared as if the Tenant did not do any cleaning and left a considerable amount of rubbish, food and broken furniture all over the property.

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 following damage was caused during the tenancy: Two wall holes. The Landlord speculated these were intentional holes probably caused by the Tenant punching the walls. Photographs were provided of the damage and an ingoing inspection report that did not show any damage to the walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 5064988 — net $1,901.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$953.57	Rent arrears
Cleaning: rubbish removal and wall repairs	$948.00	Cleaning: rubbish removal and wall repairs
Net award	$1,901.57
Total payable by Tenant to Landlord	$1,901.57

Order

Amanda Marie Williams must pay Inspire Real Estate Limited $1,901.57 immediately, being rent arrears to 20 September 2024.

Reasons

The landlord attended the hearing by video. The Tenant did not attend by video or answer the telephone calls made by the Tribunal.
The landlord has applied for rent arrears and compensation.

How much is owed for rent?

The tenancy ended on 20 September 2024 The landlord provided rent records 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 Landlord provided photographs of the outgoing inspection report and an invoice for the costs. It appeared as if the Tenant did not do any cleaning and left a considerable amount of rubbish, food and broken furniture all over the property.
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 following damage was caused during the tenancy: Two wall holes. The Landlord speculated these were intentional holes probably caused by the Tenant punching the walls. Photographs were provided of the damage and an ingoing inspection report that did not show any damage to the walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5064988 — Rent arrears at Unit/Flat 3, 877 Main Street, Palmerston North, roslyn 4414

At a glance

Tenancy Tribunal case 5064988 — Rent arrears at Unit/Flat 3, 877 Main Street, Palmerston North, roslyn 4414

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

Property management

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

Property management

Frequently asked questions