What was Tenancy Tribunal case 5151945 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 5151945?

Cleaning: $943.20 awarded to landlord; Rent Arrears: $1,719.59 awarded to landlord; Cabinetry: $127.49 awarded to landlord; Hole In Door: $183.72 awarded to landlord; Property Damage: $1,245.56 awarded to landlord; Rubbish Removal: $5,693.20 awarded to landlord

What type of tenancy dispute was case 5151945?

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

Where can I read the official tribunal order for case 5151945?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11916600-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5151945 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 5151945?

Cleaning: $943.20 awarded to landlord; Rent Arrears: $1,719.59 awarded to landlord; Cabinetry: $127.49 awarded to landlord; Hole In Door: $183.72 awarded to landlord; Property Damage: $1,245.56 awarded to landlord; Rubbish Removal: $5,693.20 awarded to landlord

What type of tenancy dispute was case 5151945?

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

Where can I read the official tribunal order for case 5151945?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11916600-Tribunal_Order_Redacted.pdf.

34 Etherton Drive, Weymouth, Auckland 2103 Tenancy Tribunal Case 5151945 — Rent arrears

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34 Etherton Drive, Weymouth, Auckland 2103 Tenancy Tribunal Case 5151945 — 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 5151945 — net $9,912.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,719.59	Rent arrears
Cleaning	$943.20	Cleaning
Replace furnishings: carpet replacement	$1,245.56	Replace furnishings: carpet replacement
Rubbish removal	$5,693.20	Rubbish removal
Repairs: cabinetry	$127.49	Repairs: cabinetry
Repairs: hole in door	$183.72	Repairs: hole in door
Net award	$9,912.76
Total payable by Tenant to Landlord	$9,912.76

Claims and awards for application 5151945 — net $9,912.76 NZD. Verify on MoJ.

Rent arrears

Amount: $1,719.59
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $943.20
Awarded to: Landlord
Reason: Cleaning

Replace furnishings: carpet replacement

Amount: $1,245.56
Awarded to: Landlord
Reason: Replace furnishings: carpet replacement

Rubbish removal

Amount: $5,693.20
Awarded to: Landlord
Reason: Rubbish removal

Repairs: cabinetry

Amount: $127.49
Awarded to: Landlord
Reason: Repairs: cabinetry

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
[The tenant/s] must pay Kāinga Ora–Homes And Communities $9,912.76, calculated as shown in table below: DescriptionLandlord Rent arrears$1,719.59 Cleaning$943.20 Replace furnishings: carpet replacement$1,245.56 Rubbish removal$5,693.20 Repairs: cabinetry$127.49 Repairs: hole in door$183.72 Total award$9,912.76 Total payable by Tenant to Landlord$9,912.76
I am dismissing the landlords claim for the missing curtain.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 November 2024. The landlord provided rent records which prove the amount of $1719.59 owing at the end of the tenancy.
The tenant does not dispute the rent arrears.
I am satisfied that the landlord has proven their claim for rent arrears.

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 provided the Tribunal with an exit inspection report and photos. The report and photos prove that the tenant left a substantial amount of rubbish in and around the property and that the property was not reasonably clean and tidy.
The landlord provided invoices for the cost of the rubbish removal and cleaning.
I find that the landlord has proven their claim in relation to the cleaning and rubbish removal.
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: -The carpet was heavily stained, ripped and smelt strongly of dog urine. The landlord tried to clean the carpet, but the smell could not be eradicated. The carpet had to be replaced. -A bedroom door had a hole in it. -Two cabinets needed to be repaired. -The landlord said that two curtains were missing from the property.
The landlord provided an exit inspection report and photos plus invoices of the cost of repairing the damage.
The tenant advised that the curtains were missing at the start of the tenancy, and she had tried to get the landlord to replace them, to no avail. The landlord did not dispute this. I cannot be sure that the curtains went missing.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenant accepts that she is responsible for the hole in the door, the carpet damage, and the cabinet damage.
I am satisfied that the landlord has proven their claim for damages to the property.
The landlord supported an application by the tenant for suppression of the tenant’s name and identifying details. The tenant had accepted all the costs and damage associated with the tenancy. She intends to repay the landlord for these costs. There were circumstances that were discussed at the hearing that had a bearing on the damages and rent arrears.
In all the circumstances of this claim I am satisfied that is reasonable to grant suppression of the tenant’s name.

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 5151945 — net $9,912.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,719.59	Rent arrears
Cleaning	$943.20	Cleaning
Replace furnishings: carpet replacement	$1,245.56	Replace furnishings: carpet replacement
Rubbish removal	$5,693.20	Rubbish removal
Repairs: cabinetry	$127.49	Repairs: cabinetry
Repairs: hole in door	$183.72	Repairs: hole in door
Net award	$9,912.76
Total payable by Tenant to Landlord	$9,912.76

Claims and awards for application 5151945 — net $9,912.76 NZD. Verify on MoJ.

Rent arrears

Amount: $1,719.59
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $943.20
Awarded to: Landlord
Reason: Cleaning

Replace furnishings: carpet replacement

Amount: $1,245.56
Awarded to: Landlord
Reason: Replace furnishings: carpet replacement

Rubbish removal

Amount: $5,693.20
Awarded to: Landlord
Reason: Rubbish removal

Repairs: cabinetry

Amount: $127.49
Awarded to: Landlord
Reason: Repairs: cabinetry

Claim types — money lines allowed on this order

Cleanliness Rent arrears Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
[The tenant/s] must pay Kāinga Ora–Homes And Communities $9,912.76, calculated as shown in table below: DescriptionLandlord Rent arrears$1,719.59 Cleaning$943.20 Replace furnishings: carpet replacement$1,245.56 Rubbish removal$5,693.20 Repairs: cabinetry$127.49 Repairs: hole in door$183.72 Total award$9,912.76 Total payable by Tenant to Landlord$9,912.76
I am dismissing the landlords claim for the missing curtain.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 November 2024. The landlord provided rent records which prove the amount of $1719.59 owing at the end of the tenancy.
The tenant does not dispute the rent arrears.
I am satisfied that the landlord has proven their claim for rent arrears.

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 provided the Tribunal with an exit inspection report and photos. The report and photos prove that the tenant left a substantial amount of rubbish in and around the property and that the property was not reasonably clean and tidy.
The landlord provided invoices for the cost of the rubbish removal and cleaning.
I find that the landlord has proven their claim in relation to the cleaning and rubbish removal.
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: -The carpet was heavily stained, ripped and smelt strongly of dog urine. The landlord tried to clean the carpet, but the smell could not be eradicated. The carpet had to be replaced. -A bedroom door had a hole in it. -Two cabinets needed to be repaired. -The landlord said that two curtains were missing from the property.
The landlord provided an exit inspection report and photos plus invoices of the cost of repairing the damage.
The tenant advised that the curtains were missing at the start of the tenancy, and she had tried to get the landlord to replace them, to no avail. The landlord did not dispute this. I cannot be sure that the curtains went missing.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenant accepts that she is responsible for the hole in the door, the carpet damage, and the cabinet damage.
I am satisfied that the landlord has proven their claim for damages to the property.
The landlord supported an application by the tenant for suppression of the tenant’s name and identifying details. The tenant had accepted all the costs and damage associated with the tenancy. She intends to repay the landlord for these costs. There were circumstances that were discussed at the hearing that had a bearing on the damages and rent arrears.
In all the circumstances of this claim I am satisfied that is reasonable to grant suppression of the tenant’s name.

Tenancy Tribunal case 5151945 — Rent arrears at 34 Etherton Drive, Weymouth, Auckland 2103

At a glance

Tenancy Tribunal case 5151945 — Rent arrears at 34 Etherton Drive, Weymouth, Auckland 2103

At a glance

Award balance

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

Property management

Frequently asked questions

Award balance

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

Property management

Frequently asked questions