What was Tenancy Tribunal case 5097450 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 5097450?

Cleaning: $485.21 awarded to landlord; Cleaning: $172.93 awarded to landlord; Property Damage: $132.00 awarded to landlord; Rent Arrears: $1,026.99 awarded to landlord; Curtains: $100.00 awarded to landlord

What type of tenancy dispute was case 5097450?

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

Where can I read the official tribunal order for case 5097450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11632592-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5097450 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 5097450?

Cleaning: $485.21 awarded to landlord; Cleaning: $172.93 awarded to landlord; Property Damage: $132.00 awarded to landlord; Rent Arrears: $1,026.99 awarded to landlord; Curtains: $100.00 awarded to landlord

What type of tenancy dispute was case 5097450?

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

Where can I read the official tribunal order for case 5097450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11632592-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5097450 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5097450 — net $1,917.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,026.99	Rent arrears
Repairs: Curtains	$100.00	Repairs: Curtains
Cleaning	$485.21	Cleaning
Cleaning Oven	$172.93	Cleaning Oven
Repairs to lock and window	$132.00	Repairs to lock and window
Net award	$1,917.13
Total payable by Tenant to Landlord	$1,917.13

The landlord attended the hearing. The Tenant did not answer the telephone call made by the Tribunal.

The landlord has applied for rent arrears and compensation.

How much is owed for rent arrears?

The tenancy ended on 18 October 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 had to clean the property including the oven. Photographs of the property from the vacate inspection and work orders were provided.

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: bedroom window in small bedroom and curtains.

The Landlord submitted the Tenant accepted liability at the time for the damage to the window and work orders were provided. In terms of the curtains, the Landlord submitted the curtains were ripped and stained so they needed replacement. Ingoing and outgoing inspection photographs were provided and a breakdown of the costs sought to purchase and install the curtains. The photographs were taken from a distance so the actual damage was not visible on the curtains. There was no invoice from an independent party to verify the damage to the curtains either. What was visible was the curtain damage in the lounge from the way it hung in the photograph and for this I will award $100.00. The balance of the claim for the curtain damage is dismissed due to the lack of evidence to prove the damage.

The amounts ordered are proved.

The Landlord sought compensation for a locksmith to attend during the tenancy because the Tenant had locked themselves out twice. The Landlord provided work orders to substantiate the cost.

As the Landlord has been substantially successful, name suppression is granted to the Landlord.

Claims and awards in Tenancy Tribunal application 5097450 — net $1,917.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,026.99	Rent arrears
Repairs: Curtains	$100.00	Repairs: Curtains
Cleaning	$485.21	Cleaning
Cleaning Oven	$172.93	Cleaning Oven
Repairs to lock and window	$132.00	Repairs to lock and window
Net award	$1,917.13
Total payable by Tenant to Landlord	$1,917.13

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Desrae Rapana must pay [The landlord/s] $1,917.13 immediately, being rent arrears to 18 October 2024.

Reasons

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

How much is owed for rent arrears?

The tenancy ended on 18 October 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 had to clean the property including the oven. Photographs of the property from the vacate inspection and work orders were provided.
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: bedroom window in small bedroom and curtains.
The Landlord submitted the Tenant accepted liability at the time for the damage to the window and work orders were provided. In terms of the curtains, the Landlord submitted the curtains were ripped and stained so they needed replacement. Ingoing and outgoing inspection photographs were provided and a breakdown of the costs sought to purchase and install the curtains. The photographs were taken from a distance so the actual damage was not visible on the curtains. There was no invoice from an independent party to verify the damage to the curtains either. What was visible was the curtain damage in the lounge from the way it hung in the photograph and for this I will award $100.00. The balance of the claim for the curtain damage is dismissed due to the lack of evidence to prove the damage.
The amounts ordered are proved.
The Landlord sought compensation for a locksmith to attend during the tenancy because the Tenant had locked themselves out twice. The Landlord provided work orders to substantiate the cost.
As the Landlord has been substantially successful, name suppression is granted to the Landlord.

Tenancy Tribunal case 5097450 — Rent arrears

At a glance

Tenancy Tribunal case 5097450 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent arrears?

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

Dismissed claims

Order

Reasons

How much is owed for rent arrears?

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