What was Tenancy Tribunal case 5069310 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 5069310?

Cleaning: $220.99 awarded to landlord; Cleaning: $34.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,800.00 awarded to landlord; Oven: $250.00 awarded to landlord; Walls, Ceiling: $1,449.00 awarded to landlord; Replace Furnishings: Drapes: $127.00 awarded to landlord

What type of tenancy dispute was case 5069310?

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

Where can I read the official tribunal order for case 5069310?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11458704-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5069310 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 5069310?

Cleaning: $220.99 awarded to landlord; Cleaning: $34.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,800.00 awarded to landlord; Oven: $250.00 awarded to landlord; Walls, Ceiling: $1,449.00 awarded to landlord; Replace Furnishings: Drapes: $127.00 awarded to landlord

What type of tenancy dispute was case 5069310?

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

Where can I read the official tribunal order for case 5069310?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11458704-Tribunal_Order_Redacted.pdf.

181 Tremaine Avenue, Westbrook, Palmerston North 4412 Tenancy Tribunal Case 5069310 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5069310 — net $5,908.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,800.00	Rent arrears
Cleaning	$34.50	Cleaning
Carpet Cleaning	$220.99	Carpet Cleaning
Repairs: oven	$250.00	Repairs: oven
Repairs: walls, ceiling	$1,449.00	Repairs: walls, ceiling
Replace furnishings: drapes	$127.00	Replace furnishings: drapes
Filing fee	$27.00	Filing fee
Net award	$5,908.49
Total payable by Tenant to Landlord	$5,908.49

The landlord attended the hearing with her husband. There was no appearance for the tenant.

The landlord has applied for rent arrears, compensation, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.

It was explained that there were no grounds for exemplary damages for any of the matters claimed.

How much is owed for rent?

The tenancy ended on 31 October 2024. The landlord provided rent records and water rates invoices 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. See section 40(1)(e) Residential Tenancies Act 1986.

Although the tenant had removed her belongings, the carpet required cleaning. She had had a dog and kittens in the house, and it was covered in dog hair. The photos showed the hair. The landlord said that the premises smelt.

The landlord had to do a small amount of cleaning.

The landlord sought reimbursement for the time spent cleaning, including the hire of the rug doctor. It was explained that this could be claimed at a rate of $30 plus GST, rather than $70.00 because it is not specialist work for which a tradesperson is required. Accordingly, an adjustment was made to that hourly rate.

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 landlord provided photographs showing that liquid nails had been spurted on the ceiling, there was damage to the walls from scratching through to the gib, and a corner had been badly patched up. A door frame required repair. The landlord provided an itemised account for her husband’s time repairing these items.

The damage was caused during the tenancy. It is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord also provided a photo showing the oven had two holes in it. They had put a new oven in the property in 2022 at the start of the tenancy. They were able to replace the oven lining at a cost of $250 and provided a receipt for that amount.

Finally, they claimed $127 which was the cost of some second-hand drapes to replace some that had been removed. In future, it would be helpful if a receipt could be provided, but in the absence of any evidence to the contrary, I am satisfied that they needed to replace the curtain.

The amounts ordered are proved.

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

Claims and awards in Tenancy Tribunal application 5069310 — net $5,908.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,800.00	Rent arrears
Cleaning	$34.50	Cleaning
Carpet Cleaning	$220.99	Carpet Cleaning
Repairs: oven	$250.00	Repairs: oven
Repairs: walls, ceiling	$1,449.00	Repairs: walls, ceiling
Replace furnishings: drapes	$127.00	Replace furnishings: drapes
Filing fee	$27.00	Filing fee
Net award	$5,908.49
Total payable by Tenant to Landlord	$5,908.49

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Chauntelle Pearl White must pay [The landlord/s] $5,908.49 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing with her husband. There was no appearance for the tenant.
The landlord has applied for rent arrears, compensation, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.
It was explained that there were no grounds for exemplary damages for any of the matters claimed.

How much is owed for rent?

The tenancy ended on 31 October 2024. The landlord provided rent records and water rates invoices 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. See section 40(1)(e) Residential Tenancies Act 1986.
Although the tenant had removed her belongings, the carpet required cleaning. She had had a dog and kittens in the house, and it was covered in dog hair. The photos showed the hair. The landlord said that the premises smelt.
The landlord had to do a small amount of cleaning.
The landlord sought reimbursement for the time spent cleaning, including the hire of the rug doctor. It was explained that this could be claimed at a rate of $30 plus GST, rather than $70.00 because it is not specialist work for which a tradesperson is required. Accordingly, an adjustment was made to that hourly rate.
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 landlord provided photographs showing that liquid nails had been spurted on the ceiling, there was damage to the walls from scratching through to the gib, and a corner had been badly patched up. A door frame required repair. The landlord provided an itemised account for her husband’s time repairing these items.
The damage was caused during the tenancy. It is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord also provided a photo showing the oven had two holes in it. They had put a new oven in the property in 2022 at the start of the tenancy. They were able to replace the oven lining at a cost of $250 and provided a receipt for that amount.
Finally, they claimed $127 which was the cost of some second-hand drapes to replace some that had been removed. In future, it would be helpful if a receipt could be provided, but in the absence of any evidence to the contrary, I am satisfied that they needed to replace the curtain.
The amounts ordered are proved.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5069310 — Rent arrears at 181 Tremaine Avenue, Westbrook, Palmerston North 4412

At a glance

Tenancy Tribunal case 5069310 — Rent arrears at 181 Tremaine Avenue, Westbrook, Palmerston North 4412

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