How much money was awarded in case 5097730?

Cleaning: $850.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $5,225.71 awarded to landlord; Water Rates: $278.43 awarded to landlord

What type of tenancy dispute was case 5097730?

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

Where can I read the official tribunal order for case 5097730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11814159-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5097730?

Cleaning: $850.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $5,225.71 awarded to landlord; Water Rates: $278.43 awarded to landlord

What type of tenancy dispute was case 5097730?

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

Where can I read the official tribunal order for case 5097730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11814159-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5097730 — Rent arrears

Q: What was Tenancy Tribunal case 5097730 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5097730 — net $4,441.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/1/25	$5,225.71	Rent arrears to 26/1/25
Water rates	$278.43	Water rates
Cleaning	$850.00	Cleaning
Compensation - damage to cook top	$500.00	Compensation - damage to cook top
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,441.14
Total payable by Tenant to Landlord	$4,441.14

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Wilhelm Faapoi and Joe Falefatu must pay [The landlord/s] $4,441.14 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,440.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing by video call.

The tenants were telephoned on the phone numbers provided but the phone calls went unanswered. I am satisfied the tenants were properly served with notice of the hearing. The hearing proceeded in their absence.

The landlord has applied for rent arrears, water rates, compensation, refund of 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 26 January 2025.

The landlord provided rent records which prove the amount owing at the end of the tenancy.

The tenant is responsible for the supply of water if the water supplier charges for water provided to the premises are on the basis of consumption only. 1

The landlord has applied for water rates, however on reviewing the invoices they include the supply charge, for which the tenant is not liable. Accordingly, I make an order for water rates for the following periods - invoices having only been provided for these periods: Rates periodUsage 16/12/2023 – 14/02/202440.49 15/02/2024-15/04/202454.33 16/04/2024 – 14/06/202441.92 15/06/2024-13/08/202412.03

46 14/08/2024 – 14/10/202457.27 14/12/2024-26/01/202536.93 Total278.43

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. 2

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a 1 See section 39 (4) (c) of the RTA. 2 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. reasonably tidy condition. The landlord advised that the property was cleaned to a level that it was able to be re-tenanted.

The amounts ordered are proved with photographs and an invoice to support the claim.

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.

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: The glass cook top was cracked. I consider the damage likely to have been careless. The amount ordered is limited to the landlord’s insurance excess. 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 taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In allowing for depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee. Suppression

The landlord sought suppression and as the application is substantially successful, I have made an order accordingly.

Claims and awards in Tenancy Tribunal application 5097730 — net $4,441.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/1/25	$5,225.71	Rent arrears to 26/1/25
Water rates	$278.43	Water rates
Cleaning	$850.00	Cleaning
Compensation - damage to cook top	$500.00	Compensation - damage to cook top
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,441.14
Total payable by Tenant to Landlord	$4,441.14

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Wilhelm Faapoi and Joe Falefatu must pay [The landlord/s] $4,441.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,440.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing by video call.
The tenants were telephoned on the phone numbers provided but the phone calls went unanswered. I am satisfied the tenants were properly served with notice of the hearing. The hearing proceeded in their absence.
The landlord has applied for rent arrears, water rates, compensation, refund of 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 26 January 2025.
The landlord provided rent records which prove the amount owing at the end of the tenancy.
The tenant is responsible for the supply of water if the water supplier charges for water provided to the premises are on the basis of consumption only. 1
The landlord has applied for water rates, however on reviewing the invoices they include the supply charge, for which the tenant is not liable. Accordingly, I make an order for water rates for the following periods - invoices having only been provided for these periods: Rates periodUsage 16/12/2023 – 14/02/202440.49 15/02/2024-15/04/202454.33 16/04/2024 – 14/06/202441.92 15/06/2024-13/08/202412.03
46 14/08/2024 – 14/10/202457.27 14/12/2024-26/01/202536.93 Total278.43

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. 2
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a 1 See section 39 (4) (c) of the RTA. 2 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. reasonably tidy condition. The landlord advised that the property was cleaned to a level that it was able to be re-tenanted.
The amounts ordered are proved with photographs and an invoice to support the claim.

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.
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: The glass cook top was cracked. I consider the damage likely to have been careless. The amount ordered is limited to the landlord’s insurance excess. 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 taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In allowing for depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee. Suppression
The landlord sought suppression and as the application is substantially successful, I have made an order accordingly.

Tenancy Tribunal case 5097730 — Rent arrears

At a glance

Tenancy Tribunal case 5097730 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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