What was Tenancy Tribunal case 5186838 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 5186838?

Filing Fee: $27.00 awarded to landlord; Lawnmowing: $50.00 awarded to landlord; Plastering And Painting: $1,955.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Rent Arrears: $2,180.00 awarded to landlord; Water Rates: $132.34 awarded to landlord

What type of tenancy dispute was case 5186838?

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

Where can I read the official tribunal order for case 5186838?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12258416-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5186838 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 5186838?

Filing Fee: $27.00 awarded to landlord; Lawnmowing: $50.00 awarded to landlord; Plastering And Painting: $1,955.00 awarded to landlord; Property Damage: $115.00 awarded to landlord; Rent Arrears: $2,180.00 awarded to landlord; Water Rates: $132.34 awarded to landlord

What type of tenancy dispute was case 5186838?

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

Where can I read the official tribunal order for case 5186838?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12258416-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5186838 — Rent arrears

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New Zealand Tenancy Tribunal Case 5186838 — 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 5186838 — net $1,459.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 August 2024	$2,180.00	Rent arrears to 1 August 2024
Water rates to end of tenancy	$132.34	Water rates to end of tenancy
Lawnmowing	$50.00	Lawnmowing
Garage door repairs	$115.00	Garage door repairs
Plastering and painting	$1,955.00	Plastering and painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,459.34
Total payable by Tenant to Landlord	$1,459.34

Claims and awards for application 5186838 — net $1,459.34 NZD. Verify on MoJ.

Rent arrears to 1 August 2024

Amount: $2,180.00
Awarded to: Landlord
Reason: Rent arrears to 1 August 2024

Water rates to end of tenancy

Amount: $132.34
Awarded to: Landlord
Reason: Water rates to end of tenancy

Lawnmowing

Amount: $50.00
Awarded to: Landlord
Reason: Lawnmowing

Garage door repairs

Amount: $115.00
Awarded to: Landlord
Reason: Garage door repairs

Plastering and painting

Amount: $1,955.00
Awarded to: Landlord
Reason: Plastering and painting

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Cheyenne Webster must pay [The landlord/s] $1,459.34 immediately, calculated as shown in table below:

Reasons

Only the landlord attended the hearing, represented by [Property Managers].
There was no appearance by the tenant. I am satisfied that the tenant has been served with the landlord’s application and so the hearing proceeded in the tenant’s absence.
The landlord had applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
At the start of the hearing the landlord’s representatives explained that they no longer sought compensation for cleaning, bathroom repairs or additional damage other than that specifically referred to below.

How much is owed for rent and water rates?

The tenancy ended on 1 August 2024. The landlord provided rent records proving that rent was in arrears in the amount of $2,180.00 and water invoices proving that water was in arrears in the amount of $132.34 at the end of the tenancy.
The claims for rent and water arrears are proved.

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 (RTA).
The landlord said that the tenants did not leave the property reasonably clean and tidy as they did not mow the lawns. The landlord produced ingoing and outgoing inspection reports that showed that the lawns had been neatly mowed at the start of the tenancy but were long and unkempt at the end of the tenancy.
The landlord produced an invoice in the amount of $50.00 for lawnmowing.
This claim is 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. Garage door
The landlord said that the garage door chain was disengaged from the motor at the end of the tenancy. The landlord produced an ingoing inspection report and a video of the garage door at the end of the tenancy proving that the damage occurred during the tenancy.
The landlord produced an invoice in the amount of $115.00 for repairing the garage door.
This claim is proved. Plastering and painting
The landlord said that there were two large holes in the walls at the end of the tenancy and that there were marks from posters on the walls in three of the bedrooms and large scuff marks on the lounge, kitchen, hallways and garage walls.
The landlord said that this was a brand new property when the tenant moved in. They accepted that there would inevitably be some fair wear and tear but the damage was far more than that. The landlord produced both ingoing and outgoing inspection photos proving the damage.
The landlord produced an invoice for the plastering and painting in the amount of $1,955.00. The landlord said that they had been very conscious that the tenant should only pay for painting that was due to damage, and so they had their contractor produced two invoices: one for walls painted that had damage from the tenant, and one for additional walls painted for consistency. The landlord produced the additional invoice, in the amount of $945.00. The landlord said that the majority of walls in the property had damage from the tenant.
I am satisfied that the invoice claimed by the landlord is only for the portion of painting that was necessary to repair damage caused by the tenant and so no deduction for betterment is required. Filing fee and name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord sought an order for name suppression and is entitled to an order as the successful party (see section 95A RTA).

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 5186838 — net $1,459.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 August 2024	$2,180.00	Rent arrears to 1 August 2024
Water rates to end of tenancy	$132.34	Water rates to end of tenancy
Lawnmowing	$50.00	Lawnmowing
Garage door repairs	$115.00	Garage door repairs
Plastering and painting	$1,955.00	Plastering and painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,459.34
Total payable by Tenant to Landlord	$1,459.34

Claims and awards for application 5186838 — net $1,459.34 NZD. Verify on MoJ.

Rent arrears to 1 August 2024

Amount: $2,180.00
Awarded to: Landlord
Reason: Rent arrears to 1 August 2024

Water rates to end of tenancy

Amount: $132.34
Awarded to: Landlord
Reason: Water rates to end of tenancy

Lawnmowing

Amount: $50.00
Awarded to: Landlord
Reason: Lawnmowing

Garage door repairs

Amount: $115.00
Awarded to: Landlord
Reason: Garage door repairs

Plastering and painting

Amount: $1,955.00
Awarded to: Landlord
Reason: Plastering and painting

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Cheyenne Webster must pay [The landlord/s] $1,459.34 immediately, calculated as shown in table below:

Reasons

Only the landlord attended the hearing, represented by [Property Managers].
There was no appearance by the tenant. I am satisfied that the tenant has been served with the landlord’s application and so the hearing proceeded in the tenant’s absence.
The landlord had applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
At the start of the hearing the landlord’s representatives explained that they no longer sought compensation for cleaning, bathroom repairs or additional damage other than that specifically referred to below.

How much is owed for rent and water rates?

The tenancy ended on 1 August 2024. The landlord provided rent records proving that rent was in arrears in the amount of $2,180.00 and water invoices proving that water was in arrears in the amount of $132.34 at the end of the tenancy.
The claims for rent and water arrears are proved.

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 (RTA).
The landlord said that the tenants did not leave the property reasonably clean and tidy as they did not mow the lawns. The landlord produced ingoing and outgoing inspection reports that showed that the lawns had been neatly mowed at the start of the tenancy but were long and unkempt at the end of the tenancy.
The landlord produced an invoice in the amount of $50.00 for lawnmowing.
This claim is 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. Garage door
The landlord said that the garage door chain was disengaged from the motor at the end of the tenancy. The landlord produced an ingoing inspection report and a video of the garage door at the end of the tenancy proving that the damage occurred during the tenancy.
The landlord produced an invoice in the amount of $115.00 for repairing the garage door.
This claim is proved. Plastering and painting
The landlord said that there were two large holes in the walls at the end of the tenancy and that there were marks from posters on the walls in three of the bedrooms and large scuff marks on the lounge, kitchen, hallways and garage walls.
The landlord said that this was a brand new property when the tenant moved in. They accepted that there would inevitably be some fair wear and tear but the damage was far more than that. The landlord produced both ingoing and outgoing inspection photos proving the damage.
The landlord produced an invoice for the plastering and painting in the amount of $1,955.00. The landlord said that they had been very conscious that the tenant should only pay for painting that was due to damage, and so they had their contractor produced two invoices: one for walls painted that had damage from the tenant, and one for additional walls painted for consistency. The landlord produced the additional invoice, in the amount of $945.00. The landlord said that the majority of walls in the property had damage from the tenant.
I am satisfied that the invoice claimed by the landlord is only for the portion of painting that was necessary to repair damage caused by the tenant and so no deduction for betterment is required. Filing fee and name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The landlord sought an order for name suppression and is entitled to an order as the successful party (see section 95A RTA).

Tenancy Tribunal case 5186838 — Rent arrears

At a glance

Tenancy Tribunal case 5186838 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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