How much money was awarded in case 5131051?

Cleaning: $235.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Cleaning: $69.00 awarded to landlord; Pest Control: $230.00 awarded to landlord; Rent Arrears: $1,130.43 awarded to landlord; Paint Back Door Frame: $241.50 awarded to landlord; Travel Maintenance Brothers: $97.75 awarded to landlord; Waste Removal: By Consent: $368.00 awarded to landlord; Water Rates: $86.56 awarded to landlord

What type of tenancy dispute was case 5131051?

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

Where can I read the official tribunal order for case 5131051?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11833589-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5131051?

Cleaning: $235.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Cleaning: $69.00 awarded to landlord; Pest Control: $230.00 awarded to landlord; Rent Arrears: $1,130.43 awarded to landlord; Paint Back Door Frame: $241.50 awarded to landlord; Travel Maintenance Brothers: $97.75 awarded to landlord; Waste Removal: By Consent: $368.00 awarded to landlord; Water Rates: $86.56 awarded to landlord

What type of tenancy dispute was case 5131051?

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

Where can I read the official tribunal order for case 5131051?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11833589-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5131051 — Rent arrears

Q: What was Tenancy Tribunal case 5131051 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 5131051 — net $405.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears By consent	$1,130.43	2. The landlord has applied for water rates arrears, rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates: By consent	$86.56	Water rates: By consent
Carpet Cleaning: By consent	$235.00	Carpet Cleaning: By consent
Oven/stove cleaning: By consent	$69.00	Oven/stove cleaning: By consent
Waste removal: By consent	$368.00	Waste removal: By consent
Pest control	$230.00	Pest control
Repairs: Paint back door frame	$241.50	Repairs: Paint back door frame
Repairs: Travel Maintenance Brothers	$97.75	Repairs: Travel Maintenance Brothers
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$405.24
Total payable by Tenant to Landlord	$405.24

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

[The tenant/s] must pay [The landlord/s] $405.24 immediately, being rent arrears to 10 December 2024.

The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for water rates arrears, rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The Tenant has agreed to pay the Landlord, the amounts claimed for rent arrears, water rates arrears, waste removal, carpet cleaning and oven cleaning.

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: Garage door, lounge door, gate post and gate latch.

The Landlord claimed $1,000 for the insurance excess relating to damage to the garage door. The Tenant provided a photo dated from the start of the tenancy showing the garage door was already damaged. While the damage may have worsened over time, it was not new and the garage was also fairly dated.

The claim is dismissed.

The Landlord sought costs for replacing the lounge door. The ingoing report noted only a small chip, and the outgoing report did not clearly show significant damage warranting full replacement.

The claim is dismissed.

The Landlord claimed for damage to the outdoor gatepost and latch, which was fairly new. The Tenant stated the gate was poorly installed, the gates were not level and the heavy rain would have caused damage over time. No evidence was provided by the Landlord as to how the Tenant caused the damage or how the damage was intentional. The Tenant accepted responsibility for other damage that the Landlord sought, indicating her honesty and acknowledgement of responsibility for damages.

I find it more likely than not that the damage was not intentionally caused by the Tenant.

The claim is dismissed.

The amounts ordered are proved. Flea treatment

The Landlord claimed the cost of flea treatment, supported by an invoice and reports of bites during the final inspection. Although the Tenant denied any flea issue, she did have a dog at the property. I find it more likely than not that fleas were present.

The claim is upheld.

As both parties were substantially successful in their respective claims, name suppression is granted to both. The Tenant is to reimburse the Landlord’s filing fee.

Claims and awards in Tenancy Tribunal application 5131051 — net $405.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears By consent	$1,130.43	2. The landlord has applied for water rates arrears, rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of t…
Water rates: By consent	$86.56	Water rates: By consent
Carpet Cleaning: By consent	$235.00	Carpet Cleaning: By consent
Oven/stove cleaning: By consent	$69.00	Oven/stove cleaning: By consent
Waste removal: By consent	$368.00	Waste removal: By consent
Pest control	$230.00	Pest control
Repairs: Paint back door frame	$241.50	Repairs: Paint back door frame
Repairs: Travel Maintenance Brothers	$97.75	Repairs: Travel Maintenance Brothers
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$405.24
Total payable by Tenant to Landlord	$405.24

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord and Tenant’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $405.24 immediately, being rent arrears to 10 December 2024.
The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for water rates arrears, rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The Tenant has agreed to pay the Landlord, the amounts claimed for rent arrears, water rates arrears, waste removal, carpet cleaning and oven cleaning.

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: Garage door, lounge door, gate post and gate latch.
The Landlord claimed $1,000 for the insurance excess relating to damage to the garage door. The Tenant provided a photo dated from the start of the tenancy showing the garage door was already damaged. While the damage may have worsened over time, it was not new and the garage was also fairly dated.
The claim is dismissed.
The Landlord sought costs for replacing the lounge door. The ingoing report noted only a small chip, and the outgoing report did not clearly show significant damage warranting full replacement.
The claim is dismissed.
The Landlord claimed for damage to the outdoor gatepost and latch, which was fairly new. The Tenant stated the gate was poorly installed, the gates were not level and the heavy rain would have caused damage over time. No evidence was provided by the Landlord as to how the Tenant caused the damage or how the damage was intentional. The Tenant accepted responsibility for other damage that the Landlord sought, indicating her honesty and acknowledgement of responsibility for damages.
I find it more likely than not that the damage was not intentionally caused by the Tenant.
The claim is dismissed.
The amounts ordered are proved. Flea treatment
The Landlord claimed the cost of flea treatment, supported by an invoice and reports of bites during the final inspection. Although the Tenant denied any flea issue, she did have a dog at the property. I find it more likely than not that fleas were present.
The claim is upheld.
As both parties were substantially successful in their respective claims, name suppression is granted to both. The Tenant is to reimburse the Landlord’s filing fee.

Tenancy Tribunal case 5131051 — Rent arrears

At a glance

Tenancy Tribunal case 5131051 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions