What was Tenancy Tribunal case 5079368 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 5079368?

Rubbish Removal: $1,800.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $545.76 awarded to landlord; Rent Arrears: $2,571.43 awarded to landlord

What type of tenancy dispute was case 5079368?

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

Where can I read the official tribunal order for case 5079368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11629641-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5079368 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 5079368?

Rubbish Removal: $1,800.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $545.76 awarded to landlord; Rent Arrears: $2,571.43 awarded to landlord

What type of tenancy dispute was case 5079368?

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

Where can I read the official tribunal order for case 5079368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11629641-Tribunal_Order_Redacted.pdf.

15 Jordan Street, Mangawhai Heads, Mangawhai 0505 Tenancy Tribunal Case 5079368 — Rent arrears

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15 Jordan Street, Mangawhai Heads, Mangawhai 0505 Tenancy Tribunal Case 5079368 — 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 5079368 — net $1,944.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9/12/2024	$2,571.43	Rent arrears to 9/12/2024
Cleaning: and rubbish removal and wall repairs	$1,800.00	Cleaning: and rubbish removal and wall repairs
Glass repairs -deck	$545.76	Glass repairs -deck
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,944.19
Total payable by Tenant to Landlord	$1,944.19

Claims and awards for application 5079368 — net $1,944.19 NZD. Verify on MoJ.

Rent arrears to 9/12/2024

Amount: $2,571.43
Awarded to: Landlord
Reason: Rent arrears to 9/12/2024

Cleaning: and rubbish removal and wall repairs

Amount: $1,800.00
Awarded to: Landlord
Reason: Cleaning: and rubbish removal and wall repairs

Glass repairs -deck

Amount: $545.76
Awarded to: Landlord
Reason: Glass repairs -deck

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,944.19

Total payable by Tenant to Landlord

Landlord $1,944.19

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Bobbie Rountree must pay [The landlord/s] $1,944.19 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the applicant landlord representative attended the hearing. The tenant did not join the video meeting and could not be contacted by telephone.
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 9/12/2024. 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 cleaning amount is reduced to reflect the “reasonable” standard applicable in s 40, which does not require the property to be left in a condition where it can be relet (or even in the same condition that it was provided). The deduction is only small as the photographs confirm the property, including the exterior deck and grounds was left in a very dirty condition and the rubbish that required removal was extensive.
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.
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: the glass on the deck was damaged and several walls had holes that needed to be reparied. 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 not taken into account betterment and depreciation. The landlord is claiming only actual repair costs and that is what is awarded.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and approved the requested name supression.

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 5079368 — net $1,944.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9/12/2024	$2,571.43	Rent arrears to 9/12/2024
Cleaning: and rubbish removal and wall repairs	$1,800.00	Cleaning: and rubbish removal and wall repairs
Glass repairs -deck	$545.76	Glass repairs -deck
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,944.19
Total payable by Tenant to Landlord	$1,944.19

Claims and awards for application 5079368 — net $1,944.19 NZD. Verify on MoJ.

Rent arrears to 9/12/2024

Amount: $2,571.43
Awarded to: Landlord
Reason: Rent arrears to 9/12/2024

Cleaning: and rubbish removal and wall repairs

Amount: $1,800.00
Awarded to: Landlord
Reason: Cleaning: and rubbish removal and wall repairs

Glass repairs -deck

Amount: $545.76
Awarded to: Landlord
Reason: Glass repairs -deck

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,944.19

Total payable by Tenant to Landlord

Landlord $1,944.19

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Bobbie Rountree must pay [The landlord/s] $1,944.19 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the applicant landlord representative attended the hearing. The tenant did not join the video meeting and could not be contacted by telephone.
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 9/12/2024. 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 cleaning amount is reduced to reflect the “reasonable” standard applicable in s 40, which does not require the property to be left in a condition where it can be relet (or even in the same condition that it was provided). The deduction is only small as the photographs confirm the property, including the exterior deck and grounds was left in a very dirty condition and the rubbish that required removal was extensive.
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.
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: the glass on the deck was damaged and several walls had holes that needed to be reparied. 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 not taken into account betterment and depreciation. The landlord is claiming only actual repair costs and that is what is awarded.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and approved the requested name supression.

Tenancy Tribunal case 5079368 — Rent arrears at 15 Jordan Street, Mangawhai Heads, Mangawhai 0505

At a glance

Tenancy Tribunal case 5079368 — Rent arrears at 15 Jordan Street, Mangawhai Heads, Mangawhai 0505

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