What was Tenancy Tribunal case 5084411 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 5084411?

Cleaning: $103.50 awarded to landlord; Cleaning: $812.78 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $221.64 awarded to landlord; Property Damage: $15.98 awarded to landlord; Rent Arrears: $3,851.43 awarded to landlord; Rubbish Removal: $399.00 awarded to landlord; Water Rates: $203.42 awarded to landlord

What type of tenancy dispute was case 5084411?

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

Where can I read the official tribunal order for case 5084411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11922139-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5084411 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 5084411?

Cleaning: $103.50 awarded to landlord; Cleaning: $812.78 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $221.64 awarded to landlord; Property Damage: $15.98 awarded to landlord; Rent Arrears: $3,851.43 awarded to landlord; Rubbish Removal: $399.00 awarded to landlord; Water Rates: $203.42 awarded to landlord

What type of tenancy dispute was case 5084411?

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

Where can I read the official tribunal order for case 5084411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11922139-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5084411 — Rent arrears

Claims and awards in Tenancy Tribunal application 5084411 — net $4,794.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7.10.2024	$3,851.43	Rent arrears to 7.10.2024
Water rates	$203.42	Water rates
Cleaning	$812.78	Cleaning
Carpet cleaning	$103.50	Carpet cleaning
Rubbish removal	$399.00	Rubbish removal
Lock/key replacement	$221.64	Lock/key replacement
Shower drain replacement	$15.98	Shower drain replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,794.75
Total payable by Tenant to Landlord	$4,794.75

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the second tenant’s name and identifying details. 2.
The Bond Centre is to pay the bond of () to immediately.
All other claims are dismissed.

Reasons

This hearing was conducted by teleconference and was attended by Ms Loane, representing the landlord, and [tenant 1]. Ms Angela Roche could not be contacted. As Ms Angela Roche has been notified by email, the hearing proceeded. An earlier hearing was adjourned to ensure the tenants were properly informed about the landlord’s claims.
The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 7 October 2024, as confirmed by both parties. The landlord provided rent records and evidence of the final amount payable for water, including evidence of the final water meter reading. As the landlord has proved the amount owing at the end of the tenancy, these amounts are awarded above.

Did the tenant comply with their obligations at the end of the tenancy?

The tenant’s obligation, at the end of the tenancy, is to 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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims cleaning, carpet cleaning and rubbish removal costs. The landlord has provided photographic evidence of the condition of the premises, receipts for purchase of cleaning materials, and invoices for rubbish removal and professional carpet cleaning costs.
Cleaning: the tenant accepts that further cleaning of the premises was required at the end of the tenancy. The owners completed the cleaning themselves and have provided an “expenses log” with a table setting out the time spent on “general cleaning and maintenance,” with a claim based on an hourly rate. As explained, it would have been more helpful if the hours spent on cleaning tasks were separated from maintenance and repair work. In view of the overall condition, the landlord’s submission that 75% of the time was spent on cleaning seems consistent with the time likely to be required. On this basis, costs for materials purchased ($22.73) and the labour ($790.05) for cleaning is awarded, making a total of $812.78 for cleaning costs.
Carpet cleaning: There is photographic evidence of staining on the carpets, and the invoice shows the bedroom carpets were professionally cleaned. This cost has been established and is awarded.
Rubbish removal: The rubbish removal costs are awarded in full, with these costs being established by production of the relevant invoices and photographs.
Keys: The tenant accepts that the keys were not returned at the end of the tenancy. The landlord has claimed the cost of materials ($89.96), which is accepted by the tenant. I am prepared to accept that half of the remaining labour costs may be attributed to the change of locks ($131.68). Therefore, the total awarded for the lock change and key replacement is $221.64.
The tenant accepts the cost of replacing the shower drain ($15.98), which is awarded above.
The landlord has withdrawn its claim for lawn mowing, and reimbursement of fuel costs. Compensation for damage: General principles
The landlord claims compensation for damage. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the 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) of the 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.

Are the tenants liable for the damage?

Wall damage: The landlord seeks $60.45 for materials purchased to repair walls. The tenant does not accept liability for damage to the walls. The landlord was not able to identify the wall or walls claimed to have been damaged by the tenants. Furthermore, the landlord needs to establish that this damage was more than fair wear and tear. As this claim has not been proved to the required standard, it is dismissed.
Smoke alarm replacement: There is a lack of photographic or other suitable evidence to establish that the tenants are responsible for replacing the smoke alarms. Therefore, this claim is dismissed.
Window latch: it is unclear which window latch needed to be replaced, and whether the need for replacement was due to ordinary wear and tear, or due to damage caused by the tenants. Therefore, this claim is dismissed.
Showerhead: Due to the lack of clarity regarding this claim, it is dismissed. The landlord has not identified whether the need for replacement of the showerhead was due to wear and tear, or because of damage caused by the tenants.
As explained, the landlord cannot claim the labour costs for maintenance work, therefore, not all labour costs claimed by the owners are awarded. Filing fee and name suppression
As the landlord has established its most significant claims, it is reasonable for the tenants to pay the landlord’s filing fee.
[Tenant 1] seeks name suppression, which is granted, on the basis that not all claims were established by the landlord, and her interests outweigh the public interest in her being identified. Name suppression for the other tenant, and for the landlord, has not been sought.

Claims and awards in Tenancy Tribunal application 5084411 — net $4,794.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7.10.2024	$3,851.43	Rent arrears to 7.10.2024
Water rates	$203.42	Water rates
Cleaning	$812.78	Cleaning
Carpet cleaning	$103.50	Carpet cleaning
Rubbish removal	$399.00	Rubbish removal
Lock/key replacement	$221.64	Lock/key replacement
Shower drain replacement	$15.98	Shower drain replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,794.75
Total payable by Tenant to Landlord	$4,794.75

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the second tenant’s name and identifying details. 2.
The Bond Centre is to pay the bond of () to immediately.
All other claims are dismissed.

Reasons

This hearing was conducted by teleconference and was attended by Ms Loane, representing the landlord, and [tenant 1]. Ms Angela Roche could not be contacted. As Ms Angela Roche has been notified by email, the hearing proceeded. An earlier hearing was adjourned to ensure the tenants were properly informed about the landlord’s claims.
The landlord has applied for rent arrears, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 7 October 2024, as confirmed by both parties. The landlord provided rent records and evidence of the final amount payable for water, including evidence of the final water meter reading. As the landlord has proved the amount owing at the end of the tenancy, these amounts are awarded above.

Did the tenant comply with their obligations at the end of the tenancy?

The tenant’s obligation, at the end of the tenancy, is to 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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims cleaning, carpet cleaning and rubbish removal costs. The landlord has provided photographic evidence of the condition of the premises, receipts for purchase of cleaning materials, and invoices for rubbish removal and professional carpet cleaning costs.
Cleaning: the tenant accepts that further cleaning of the premises was required at the end of the tenancy. The owners completed the cleaning themselves and have provided an “expenses log” with a table setting out the time spent on “general cleaning and maintenance,” with a claim based on an hourly rate. As explained, it would have been more helpful if the hours spent on cleaning tasks were separated from maintenance and repair work. In view of the overall condition, the landlord’s submission that 75% of the time was spent on cleaning seems consistent with the time likely to be required. On this basis, costs for materials purchased ($22.73) and the labour ($790.05) for cleaning is awarded, making a total of $812.78 for cleaning costs.
Carpet cleaning: There is photographic evidence of staining on the carpets, and the invoice shows the bedroom carpets were professionally cleaned. This cost has been established and is awarded.
Rubbish removal: The rubbish removal costs are awarded in full, with these costs being established by production of the relevant invoices and photographs.
Keys: The tenant accepts that the keys were not returned at the end of the tenancy. The landlord has claimed the cost of materials ($89.96), which is accepted by the tenant. I am prepared to accept that half of the remaining labour costs may be attributed to the change of locks ($131.68). Therefore, the total awarded for the lock change and key replacement is $221.64.
The tenant accepts the cost of replacing the shower drain ($15.98), which is awarded above.
The landlord has withdrawn its claim for lawn mowing, and reimbursement of fuel costs. Compensation for damage: General principles
The landlord claims compensation for damage. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the 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) of the 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.

Are the tenants liable for the damage?

Wall damage: The landlord seeks $60.45 for materials purchased to repair walls. The tenant does not accept liability for damage to the walls. The landlord was not able to identify the wall or walls claimed to have been damaged by the tenants. Furthermore, the landlord needs to establish that this damage was more than fair wear and tear. As this claim has not been proved to the required standard, it is dismissed.
Smoke alarm replacement: There is a lack of photographic or other suitable evidence to establish that the tenants are responsible for replacing the smoke alarms. Therefore, this claim is dismissed.
Window latch: it is unclear which window latch needed to be replaced, and whether the need for replacement was due to ordinary wear and tear, or due to damage caused by the tenants. Therefore, this claim is dismissed.
Showerhead: Due to the lack of clarity regarding this claim, it is dismissed. The landlord has not identified whether the need for replacement of the showerhead was due to wear and tear, or because of damage caused by the tenants.
As explained, the landlord cannot claim the labour costs for maintenance work, therefore, not all labour costs claimed by the owners are awarded. Filing fee and name suppression
As the landlord has established its most significant claims, it is reasonable for the tenants to pay the landlord’s filing fee.
[Tenant 1] seeks name suppression, which is granted, on the basis that not all claims were established by the landlord, and her interests outweigh the public interest in her being identified. Name suppression for the other tenant, and for the landlord, has not been sought.

Tenancy Tribunal case 5084411 — Rent arrears

At a glance

Tenancy Tribunal case 5084411 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Are the tenants liable for the damage?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Are the tenants liable for the damage?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions