What was Tenancy Tribunal case 5105532 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 5105532?

Filing Fee: $27.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $368.00 awarded to landlord; Rent Arrears: $6,218.26 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord

What type of tenancy dispute was case 5105532?

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

Where can I read the official tribunal order for case 5105532?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11710599-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5105532 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 5105532?

Filing Fee: $27.00 awarded to landlord; Property Damage: $230.00 awarded to landlord; Property Damage: $368.00 awarded to landlord; Rent Arrears: $6,218.26 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord

What type of tenancy dispute was case 5105532?

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

Where can I read the official tribunal order for case 5105532?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11710599-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5105532 — Rent arrears

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New Zealand Tenancy Tribunal Case 5105532 — 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 5105532 — net $6,258.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29.11.24	$6,218.26	Rent arrears to 29.11.24
Cleaning and rubbish removal	$575.00	Cleaning and rubbish removal
Repairs to blinds	$230.00	Repairs to blinds
Repairs to walls	$368.00	Repairs to walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,258.26
Total payable by Tenant to Landlord	$6,258.26

Claims and awards for application 5105532 — net $6,258.26 NZD. Verify on MoJ.

Rent arrears to 29.11.24

Amount: $6,218.26
Awarded to: Landlord
Reason: Rent arrears to 29.11.24

Cleaning and rubbish removal

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Repairs to blinds

Amount: $230.00
Awarded to: Landlord
Reason: Repairs to blinds

Repairs to walls

Amount: $368.00
Awarded to: Landlord
Reason: Repairs to walls

Filing fee reimbursement

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

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

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

Reasons

Only the landlord, represented by [The landlord’s representative], attended the hearing. There was no appearance by the tenant nor any advice to the Tribunal explaining why he could not attend. As the tenant has been notified, the hearing proceeded in his absence.
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?

The tenancy ended on 29 November 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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims cleaning and rubbish removal costs. The landlord has produced evidence, including an invoice, photographs, and an inspection report. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are proved. General principles regarding responsibility for damage
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.

Is the tenant responsible for the damage to the premises?

From the photographic, oral, and documentary evidence produced by the landlord, I am satisfied that the following damage was caused during the tenancy: a. Wall damage in the lounge. The tenant had attempted to repair the holes in the wall, but due to the extent of the damage, the wall had to be re-gibbed. The landlord seeks $368.00. b. Damage to vertical blinds in the lounge: $230.00.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
An invoice for the remedial work has been produced. 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 calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Other charges
The landlord also seeks an inspection fee of $46.00, stating an inspection had been arranged for 15 August 2024, but the tenant did not give access on this day. The landlord relies on a term of the tenancy agreement allowing it to charge such fees. However, as the landlord has not provided sufficient evidence in support, this claim is dismissed. Name suppression and filing fee
An application for suppression has been made by the landlord. The Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being substantially successful in the proceedings.
The landlord’s request for the filing fee is awarded on the same basis.

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 5105532 — net $6,258.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 29.11.24	$6,218.26	Rent arrears to 29.11.24
Cleaning and rubbish removal	$575.00	Cleaning and rubbish removal
Repairs to blinds	$230.00	Repairs to blinds
Repairs to walls	$368.00	Repairs to walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,258.26
Total payable by Tenant to Landlord	$6,258.26

Claims and awards for application 5105532 — net $6,258.26 NZD. Verify on MoJ.

Rent arrears to 29.11.24

Amount: $6,218.26
Awarded to: Landlord
Reason: Rent arrears to 29.11.24

Cleaning and rubbish removal

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Repairs to blinds

Amount: $230.00
Awarded to: Landlord
Reason: Repairs to blinds

Repairs to walls

Amount: $368.00
Awarded to: Landlord
Reason: Repairs to walls

Filing fee reimbursement

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

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

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

Reasons

Only the landlord, represented by [The landlord’s representative], attended the hearing. There was no appearance by the tenant nor any advice to the Tribunal explaining why he could not attend. As the tenant has been notified, the hearing proceeded in his absence.
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?

The tenancy ended on 29 November 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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims cleaning and rubbish removal costs. The landlord has produced evidence, including an invoice, photographs, and an inspection report. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are proved. General principles regarding responsibility for damage
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.

Is the tenant responsible for the damage to the premises?

From the photographic, oral, and documentary evidence produced by the landlord, I am satisfied that the following damage was caused during the tenancy: a. Wall damage in the lounge. The tenant had attempted to repair the holes in the wall, but due to the extent of the damage, the wall had to be re-gibbed. The landlord seeks $368.00. b. Damage to vertical blinds in the lounge: $230.00.
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
An invoice for the remedial work has been produced. 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 calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Other charges
The landlord also seeks an inspection fee of $46.00, stating an inspection had been arranged for 15 August 2024, but the tenant did not give access on this day. The landlord relies on a term of the tenancy agreement allowing it to charge such fees. However, as the landlord has not provided sufficient evidence in support, this claim is dismissed. Name suppression and filing fee
An application for suppression has been made by the landlord. The Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being substantially successful in the proceedings.
The landlord’s request for the filing fee is awarded on the same basis.

Tenancy Tribunal case 5105532 — Rent arrears

At a glance

Tenancy Tribunal case 5105532 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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