How much money was awarded in case 5264800?

Cleaning: $100.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $379.50 awarded to landlord; Rent Arrears: $8,635.71 awarded to landlord

What type of tenancy dispute was case 5264800?

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

Where can I read the official tribunal order for case 5264800?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12242290-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5264800?

Cleaning: $100.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $379.50 awarded to landlord; Rent Arrears: $8,635.71 awarded to landlord

What type of tenancy dispute was case 5264800?

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

Where can I read the official tribunal order for case 5264800?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12242290-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5264800 — Rent arrears

Q: What was Tenancy Tribunal case 5264800 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 5264800 — net $6,842.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,635.71	Rent arrears
Cleaning	$300.00	Cleaning
Carpet Cleaning	$100.00	Carpet Cleaning
Window repairs	$379.50	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,842.21
Total payable by Tenant to Landlord	$6,842.21

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

Omer Cheng must pay [The landlord/s] $6,842.21 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the video hearing.

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?

This was a fixed term tenancy through until 15 February 2025. The tenant wished to end the tenancy early, and provided the landlord with notice of his intention on 4 December 2024. The tenant was advised that he would remain liable for the rent through until either the end of the fixed term tenancy or the landlord finding replacement tenants, whichever occurred first. The landlord was only able to find replacement tenants to commence on 14 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is $8,635.71.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”).

The tenant did not leave the premises reasonably clean and tidy. The landlord provided an invoice for cleaning for $652.63. I have reviewed the photos provided by the landlord. The tenant has clearly carried out some cleaning of the premises. I accept that the premises have not been left reasonably clean and tidy. Having considered the condition of the premises shown in the photos, I consider a reasonable charge to bring the premises to a reasonably tidy condition is $300.00.

The landlord seeks compensation for carpet cleaning. The tenancy agreement requires the tenant to carry out commercial carpet cleaning at the end of the tenancy. That is an obligation which is not contained in the RTA. The sole obligation on the tenant is to leave the premises reasonably clean and tidy full. That may or may not require the carpets to be commercially cleaned. The landlord provided an invoice for carpet cleaning for $275.00. This was to clean the entire house. The photos provided by the landlord show that some cleaning would have been required. I consider a charge of $100.00 to be reasonable.

The amounts ordered are proven.

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: a window was cracked in the dining room. The landlord provided a photo of the window and an invoice for repairs of $379.50. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proven.

As [The applicant/s] has substantially succeeded with the claim, I have ordered the tenant to reimburse the filing fee.

Both parties applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord’s name and details is ordered. The tenant has not been wholly or substantially successful in this hearing. The tenant’s application for name suppression is dismissed.

Claims and awards in Tenancy Tribunal application 5264800 — net $6,842.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,635.71	Rent arrears
Cleaning	$300.00	Cleaning
Carpet Cleaning	$100.00	Carpet Cleaning
Window repairs	$379.50	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,842.21
Total payable by Tenant to Landlord	$6,842.21

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Omer Cheng must pay [The landlord/s] $6,842.21 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the video hearing.
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?

This was a fixed term tenancy through until 15 February 2025. The tenant wished to end the tenancy early, and provided the landlord with notice of his intention on 4 December 2024. The tenant was advised that he would remain liable for the rent through until either the end of the fixed term tenancy or the landlord finding replacement tenants, whichever occurred first. The landlord was only able to find replacement tenants to commence on 14 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy is $8,635.71.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”).
The tenant did not leave the premises reasonably clean and tidy. The landlord provided an invoice for cleaning for $652.63. I have reviewed the photos provided by the landlord. The tenant has clearly carried out some cleaning of the premises. I accept that the premises have not been left reasonably clean and tidy. Having considered the condition of the premises shown in the photos, I consider a reasonable charge to bring the premises to a reasonably tidy condition is $300.00.
The landlord seeks compensation for carpet cleaning. The tenancy agreement requires the tenant to carry out commercial carpet cleaning at the end of the tenancy. That is an obligation which is not contained in the RTA. The sole obligation on the tenant is to leave the premises reasonably clean and tidy full. That may or may not require the carpets to be commercially cleaned. The landlord provided an invoice for carpet cleaning for $275.00. This was to clean the entire house. The photos provided by the landlord show that some cleaning would have been required. I consider a charge of $100.00 to be reasonable.
The amounts ordered are proven.

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: a window was cracked in the dining room. The landlord provided a photo of the window and an invoice for repairs of $379.50. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
As [The applicant/s] has substantially succeeded with the claim, I have ordered the tenant to reimburse the filing fee.
Both parties applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord’s name and details is ordered. The tenant has not been wholly or substantially successful in this hearing. The tenant’s application for name suppression is dismissed.

Tenancy Tribunal case 5264800 — Rent arrears

At a glance

Tenancy Tribunal case 5264800 — Rent arrears

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

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

Frequently asked questions