How much money was awarded in case 5185011?

Cleaning: $402.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $70.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Rent Arrears: $6,848.65 awarded to landlord; Fix Patches, Plaster And Paint: $3,724.80 awarded to landlord; Smoke Alarms: $194.80 awarded to landlord; Replace Furnishings: Carpet: $200.00 awarded to landlord; Replace furnishings: Curtains - and…: $450.00 awarded to landlord; Rubbish Removal: $514.00 awarded to landlord; Water Rates: $197.61 awarded to landlord

What type of tenancy dispute was case 5185011?

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

Where can I read the official tribunal order for case 5185011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12032710-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5185011?

Cleaning: $402.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $70.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Rent Arrears: $6,848.65 awarded to landlord; Fix Patches, Plaster And Paint: $3,724.80 awarded to landlord; Smoke Alarms: $194.80 awarded to landlord; Replace Furnishings: Carpet: $200.00 awarded to landlord; Replace furnishings: Curtains - and…: $450.00 awarded to landlord; Rubbish Removal: $514.00 awarded to landlord; Water Rates: $197.61 awarded to landlord

What type of tenancy dispute was case 5185011?

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

Where can I read the official tribunal order for case 5185011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12032710-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5185011 — Rent arrears

Q: What was Tenancy Tribunal case 5185011 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5185011 — net $10,396.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 January 2025	$6,848.65	Rent arrears to 8 January 2025
Water rates	$197.61	Water rates
Replace furnishings: Carpet	$200.00	Replace furnishings: Carpet
Cleaning	$402.50	Cleaning
Lawns and Garden work	$70.00	Lawns and Garden work
Repairs: window latches, door stopper, smoke alarms, door knob	$194.80	Repairs: window latches, door stopper, smoke alarms, door knob
Rubbish removal	$514.00	Rubbish removal
Repairs: Fix patches, plaster and paint	$3,724.80	Repairs: Fix patches, plaster and paint
Replace furnishings: Curtains - and hanging	$450.00	Replace furnishings: Curtains - and hanging
Lock/key replacement	$287.50	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,396.86
Total payable by Tenant to Landlord	$10,396.86

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

Aaryn Dean King must pay [The landlord/s] $10,396.86 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.

This order replaces and supersedes the mediated order between these parties dated 14 October 2024. That order cannot be enforced.

Reasons

The landlord attended today’s hearing. Shortly before the hearing began the tenant emailed the registry to seek and adjournment on the basis that they had lost their phone and had only become aware of the hearing in the past few days and were working today.

I declined the adjournment because this matter has been in front of the Tribunal since March and there has been sufficient time for the Respondent to file a response or appoint someone else to attend the hearing for him, if he was unable to attend.

Nevertheless, I did try to phone the tenant on the telephone number he provided me with during the hearing, but he did not answer. The phone call rang through until we disconnected it.

The tenant lived in the property with his children since March 2021. In October 2024 the parties attended mediation after the landlord applied for termination because the tenant was more than 21 days in arrears. The parties agreed that the tenant would pay fortnightly amounts towards the arrears and current rent and if those payments were not paid the tenancy would end.

On the Saturday the 14 December the tenant missed a fortnightly payment. As per the terms of the mediated order the tenancy terminated three working days later. This meant that the tenancy terminated on Wednesday the 18 December. The tenant continued to live at the property, and the landlord did not enforce the termination or seek a possession order.

On or about the 8 January the neighbours reported to the landlord that the tenant had left the property and moved out. The landlord went to the property and found it abandoned. The house had mainly been cleared of the tenant’s belongings (apart from rubbish and a few items of furniture). The landlord secured the property. The landlord says that they tried to contact the tenant but received no response.

I am satisfied that the tenant remained in possession of the property until the 8 January 2025, because they did not notify the landlord that they had moved, the neighbours only reported that they moved on the 8 January and the tenant did not return the keys.

The tenant is therefore liable for rent until the 8 January 2025. The landlord provided me with a rent ledger and the amount awarded is proven.

The mediated order dated 9 October 2024 is replaced by this order and cannot be enforced.

The landlord also provided me with a water rates ledger and invoices proving the amount owed

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 tenant did not return the keys.

The following chattels were missing at the end of the tenancy: all of the curtains in the bedrooms. The landlord had to replace light bulbs and smoke alarm batteries.

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 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: a. Multiple holes in the walls- there were multiple holes in almost every room. There were at least three large holes approximately the size of an A4 sheet of paper. b. The blinds in the living areas were damaged, had been broken, come off the railings and the threads/cords were damaged. c. The carpet in the living room was bubbled and frayed by the front ranch slider where the landlord says the tenant’s dog clawed the carpet.

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 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.

I note when applying depreciation that the landlord confirmed that the carpet was not replaced in 2021 when the landlord purchased the property, and the carpet was old. Filing fee and name suppression.

As the landlord has been successful in its claims then I award the landlord the filing fee and grant name suppression as requested.

Order

Claims and awards in Tenancy Tribunal application 5185011 — net $10,396.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 January 2025	$6,848.65	Rent arrears to 8 January 2025
Water rates	$197.61	Water rates
Replace furnishings: Carpet	$200.00	Replace furnishings: Carpet
Cleaning	$402.50	Cleaning
Lawns and Garden work	$70.00	Lawns and Garden work
Repairs: window latches, door stopper, smoke alarms, door knob	$194.80	Repairs: window latches, door stopper, smoke alarms, door knob
Rubbish removal	$514.00	Rubbish removal
Repairs: Fix patches, plaster and paint	$3,724.80	Repairs: Fix patches, plaster and paint
Replace furnishings: Curtains - and hanging	$450.00	Replace furnishings: Curtains - and hanging
Lock/key replacement	$287.50	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,396.86
Total payable by Tenant to Landlord	$10,396.86

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

Aaryn Dean King must pay [The landlord/s] $10,396.86 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,520.00 ([Bond number suppressed]) to [The landlord/s] immediately.

This order replaces and supersedes the mediated order between these parties dated 14 October 2024. That order cannot be enforced.

Reasons

Nevertheless, I did try to phone the tenant on the telephone number he provided me with during the hearing, but he did not answer. The phone call rang through until we disconnected it.

The tenant is therefore liable for rent until the 8 January 2025. The landlord provided me with a rent ledger and the amount awarded is proven.

The mediated order dated 9 October 2024 is replaced by this order and cannot be enforced.

The landlord also provided me with a water rates ledger and invoices proving the amount owed

Did the tenant comply with their obligations at the end of the tenancy?

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

The tenant did not return the keys.

The following chattels were missing at the end of the tenancy: all of the curtains in the bedrooms. The landlord had to replace light bulbs and smoke alarm batteries.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As the landlord has been successful in its claims then I award the landlord the filing fee and grant name suppression as requested.

Tenancy Tribunal case 5185011 — Rent arrears

At a glance

Tenancy Tribunal case 5185011 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

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

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