What was the outcome of Tenancy Tribunal case 5131053?

The tribunal order states: The Bond Centre is to pay the bond of $3,000.00 (6132631-003) to Alesha Maree

How much money was awarded in case 5131053?

Cleaning: $400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $925.66 awarded to landlord; Rent Arrears: $6,500.00 awarded to landlord

What type of tenancy dispute was case 5131053?

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

Where can I read the official tribunal order for case 5131053?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11611464-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5131053?

The tribunal order states: The Bond Centre is to pay the bond of $3,000.00 (6132631-003) to Alesha Maree

How much money was awarded in case 5131053?

Cleaning: $400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $925.66 awarded to landlord; Rent Arrears: $6,500.00 awarded to landlord

What type of tenancy dispute was case 5131053?

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

Where can I read the official tribunal order for case 5131053?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11611464-Tenancy_Tribunal_Order.pdf.

216A Powderham Street, New Plymouth, New Plymouth Tenancy Tribunal Case 5131053 — Rent arrears

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216A Powderham Street, New Plymouth, New Plymouth Tenancy Tribunal Case 5131053 — 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 5131053. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 January 2025 (reduced by 1/3	$6,500.00	Rent arrears to 15 January 2025 (reduced by 1/3
Cleaning interior premises	$400.00	Cleaning interior premises
Plumbing (sewer) repairs	$925.66	Plumbing (sewer) repairs
Filing fee	$27.00	Filing fee

Claims and awards for application 5131053. Verify on MoJ.

Rent arrears to 15 January 2025 (reduced by 1/3

Amount: $6,500.00
Awarded to: Landlord
Reason: Rent arrears to 15 January 2025 (reduced by 1/3

Cleaning interior premises

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning interior premises

Plumbing (sewer) repairs

Amount: $925.66
Awarded to: Landlord
Reason: Plumbing (sewer) repairs

Filing fee

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

The Bond Centre is to pay the bond of $3,000.00 (6132631-003) to Alesha Maree Warner and Luke Taplin immediately.
Ngahirawa Marama Chapman to pay Alesha Maree Warner and Luke Taplin $4,852.66 immediately, calculated as follows: DescriptionLandlord Rent arrears to 15 January 2025 (reduced by 1/3)$6,500.00 Cleaning interior premises$400.00 Plumbing (sewer) repairs$925.66 Filing fee$27.00 Total award$7,852.66 Minus Bond- $3,000.00 Tenant to pay$4,852.66

Reasons

The Landlord attended the hearing by phone. The Tenant did not attend.
The Landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 22 January 2025. The Landlord provided rent records which prove the amount owing on 15 January 2025: $10,500.00
The Landlord acquired legal ownership of tenanted premises. The Landlord’s accept they were not actively monitoring rent payments and some payments were missed and the Tenant has continued in arrears for some time. On 1 January 2025, the Tenant was $9,750.00 in arrears and this is when the Landlord served the Tenant their first 14-day breach notice pursuant to s 56.
Pursuant to s 49 of the Residential Tenancies Act 1986, Landlords are legally required to take reasonable steps to mitigate losses once a tenancy breach occurs, such as by ending the tenancy or re-letting the property to prevent further rent arrears. Case law confirms that failing to act promptly can reduce the amount recoverable. Even if a Landlord acts out of sympathy or good faith, ongoing inaction may still be considered unreasonable. The duty to mitigate applies regardless of a Tenant’s personal circumstances.
In similar cases, rent has been reduced by a third. I consider the rent arrears, which accrued between 4 September 2024 and 1 January 2025, before the Landlord acted, should be reduced by 1/3, resulting in recoverable arrears of $6,500.00.

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 beds, carpets and couches had food and blood stains which required cleaning, the Landlord says. The cost of cleaning them came to $750.00. The Tenant does not know what condition these were in at the start of the tenancy, but it is apparent they have worsened during this tenancy. I approve $400.00. I note the Tenant was a single mum with young children.
The landlord has claimed the cost of rekeying locks, installing a deadbolt, and reprogramming a garage remote. I cannot determine this claim, however, as I have insufficient evidence concerning the existence of the keys, deadlock or garage remote at the commencement of the tenancy. The Landlord was not the legal owner of the premises at the start of the tenancy.

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 Tenant clogged the toilet systems during the tenancy, causing the sewer pump to fail. This happened previously, according to the Landlord. There was a sign on the door reminding the Tenant to not flush sanitary items down the toilet, but it appears the Tenant has continued to do this, causing the toilet and plumbing systems to clog again. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The cost of repair was $925.66.
Because Alesha Maree Warner, Luke Taplin has wholly succeeded with the claim I must reimburse the filing fee.

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 5131053. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 January 2025 (reduced by 1/3	$6,500.00	Rent arrears to 15 January 2025 (reduced by 1/3
Cleaning interior premises	$400.00	Cleaning interior premises
Plumbing (sewer) repairs	$925.66	Plumbing (sewer) repairs
Filing fee	$27.00	Filing fee

Claims and awards for application 5131053. Verify on MoJ.

Rent arrears to 15 January 2025 (reduced by 1/3

Amount: $6,500.00
Awarded to: Landlord
Reason: Rent arrears to 15 January 2025 (reduced by 1/3

Cleaning interior premises

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning interior premises

Plumbing (sewer) repairs

Amount: $925.66
Awarded to: Landlord
Reason: Plumbing (sewer) repairs

Filing fee

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

The Bond Centre is to pay the bond of $3,000.00 (6132631-003) to Alesha Maree Warner and Luke Taplin immediately.
Ngahirawa Marama Chapman to pay Alesha Maree Warner and Luke Taplin $4,852.66 immediately, calculated as follows: DescriptionLandlord Rent arrears to 15 January 2025 (reduced by 1/3)$6,500.00 Cleaning interior premises$400.00 Plumbing (sewer) repairs$925.66 Filing fee$27.00 Total award$7,852.66 Minus Bond- $3,000.00 Tenant to pay$4,852.66

Reasons

The Landlord attended the hearing by phone. The Tenant did not attend.
The Landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 22 January 2025. The Landlord provided rent records which prove the amount owing on 15 January 2025: $10,500.00
The Landlord acquired legal ownership of tenanted premises. The Landlord’s accept they were not actively monitoring rent payments and some payments were missed and the Tenant has continued in arrears for some time. On 1 January 2025, the Tenant was $9,750.00 in arrears and this is when the Landlord served the Tenant their first 14-day breach notice pursuant to s 56.
Pursuant to s 49 of the Residential Tenancies Act 1986, Landlords are legally required to take reasonable steps to mitigate losses once a tenancy breach occurs, such as by ending the tenancy or re-letting the property to prevent further rent arrears. Case law confirms that failing to act promptly can reduce the amount recoverable. Even if a Landlord acts out of sympathy or good faith, ongoing inaction may still be considered unreasonable. The duty to mitigate applies regardless of a Tenant’s personal circumstances.
In similar cases, rent has been reduced by a third. I consider the rent arrears, which accrued between 4 September 2024 and 1 January 2025, before the Landlord acted, should be reduced by 1/3, resulting in recoverable arrears of $6,500.00.

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 beds, carpets and couches had food and blood stains which required cleaning, the Landlord says. The cost of cleaning them came to $750.00. The Tenant does not know what condition these were in at the start of the tenancy, but it is apparent they have worsened during this tenancy. I approve $400.00. I note the Tenant was a single mum with young children.
The landlord has claimed the cost of rekeying locks, installing a deadbolt, and reprogramming a garage remote. I cannot determine this claim, however, as I have insufficient evidence concerning the existence of the keys, deadlock or garage remote at the commencement of the tenancy. The Landlord was not the legal owner of the premises at the start of the tenancy.

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 Tenant clogged the toilet systems during the tenancy, causing the sewer pump to fail. This happened previously, according to the Landlord. There was a sign on the door reminding the Tenant to not flush sanitary items down the toilet, but it appears the Tenant has continued to do this, causing the toilet and plumbing systems to clog again. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The cost of repair was $925.66.
Because Alesha Maree Warner, Luke Taplin has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5131053 — Rent arrears at 216A Powderham Street, New Plymouth, New Plymouth

At a glance

Tenancy Tribunal case 5131053 — Rent arrears at 216A Powderham Street, New Plymouth, New Plymouth

At a glance

Claims & awards

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

Claims & awards

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