How much money was awarded in case 5305182?

Cleaning: $1,012.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Garage Door Remote: $99.90 awarded to landlord; Heat Pump Remote: $89.00 awarded to landlord; Pest Control: $345.00 awarded to landlord; Rent Arrears: $78.75 awarded to landlord; Garage Door Lock: $165.00 awarded to landlord; Property Damage: $805.00 awarded to landlord; Rubbish Removal: $616.76 awarded to landlord; Water Rates: $2,599.41 awarded to landlord

What type of tenancy dispute was case 5305182?

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

Where can I read the official tribunal order for case 5305182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12812463-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5305182?

Cleaning: $1,012.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Garage Door Remote: $99.90 awarded to landlord; Heat Pump Remote: $89.00 awarded to landlord; Pest Control: $345.00 awarded to landlord; Rent Arrears: $78.75 awarded to landlord; Garage Door Lock: $165.00 awarded to landlord; Property Damage: $805.00 awarded to landlord; Rubbish Removal: $616.76 awarded to landlord; Water Rates: $2,599.41 awarded to landlord

What type of tenancy dispute was case 5305182?

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

Where can I read the official tribunal order for case 5305182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12812463-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5305182 — Cleanliness

Q: What was Tenancy Tribunal case 5305182 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 5305182 — net $5,838.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2025	$78.75	2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the application fee.
Water rates to 15 April 2025	$2,599.41	Water rates to 15 April 2025
Garage door remote	$99.90	Garage door remote
Heat pump remote	$89.00	Heat pump remote
Cleaning	$1,012.00	Cleaning
Rubbish removal	$616.76	Rubbish removal
Pest control	$345.00	Pest control
Repairs: Garage door lock	$165.00	Repairs: Garage door lock
Repairs: Gib repair and touch up	$805.00	Repairs: Gib repair and touch up
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,838.82
Total payable by Tenant to Landlord	$5,838.82

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

Wilson Carino owes [The landlord/s] $5,838.82 (“the debt”), calculated as shown in table below.

Wilson Carino must repay the debt as follows: a. By 116 weekly payments of $50.00, and b. A final payment of $38.82. c. Payments will be every Friday, with the first payment on 05/12/2025 and continuing until 25 February 2028

If the tenant fails to pay the debt repayments within 2 working days of the due dates, the balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing today.

The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the application fee.

The landlord has agreed to remove Vivian Andres from this Order, despite her still being listed as a tenant on the tenancy agreement, as she has proven she had not lived at the premise since 26 April 2024 and has not been responsible for any of the actions or inactions that have led to the accumulation of the debt.

How much is owed for rent and water rates?

The tenancy ended on 15 April 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The tenant did not dispute the amounts owing.

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 to the garage.

The house required pest control.

The following chattels were missing at the end of the tenancy: a. Garage remote control; and b. Heat pump remote control

The amounts ordered are proved and the tenant agrees that he owes the amounts ordered.

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 agreed that the damage to the gib was caused during the tenancy for which he is liable for the repair costs as the damage is more than fair wear and tear

The amounts ordered are proved and the tenant agrees that he owes the amounts ordered.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.

Because [The applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

The landlord applies for non-publication of its name and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord has wholly succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 5305182 — net $5,838.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2025	$78.75	2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the application fee.
Water rates to 15 April 2025	$2,599.41	Water rates to 15 April 2025
Garage door remote	$99.90	Garage door remote
Heat pump remote	$89.00	Heat pump remote
Cleaning	$1,012.00	Cleaning
Rubbish removal	$616.76	Rubbish removal
Pest control	$345.00	Pest control
Repairs: Garage door lock	$165.00	Repairs: Garage door lock
Repairs: Gib repair and touch up	$805.00	Repairs: Gib repair and touch up
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$5,838.82
Total payable by Tenant to Landlord	$5,838.82

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Wilson Carino owes [The landlord/s] $5,838.82 (“the debt”), calculated as shown in table below.
Wilson Carino must repay the debt as follows: a. By 116 weekly payments of $50.00, and b. A final payment of $38.82. c. Payments will be every Friday, with the first payment on 05/12/2025 and continuing until 25 February 2028
If the tenant fails to pay the debt repayments within 2 working days of the due dates, the balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing today.
The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the application fee.
The landlord has agreed to remove Vivian Andres from this Order, despite her still being listed as a tenant on the tenancy agreement, as she has proven she had not lived at the premise since 26 April 2024 and has not been responsible for any of the actions or inactions that have led to the accumulation of the debt.

How much is owed for rent and water rates?

The tenancy ended on 15 April 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The tenant did not dispute the amounts owing.

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 to the garage.
The house required pest control.
The following chattels were missing at the end of the tenancy: a. Garage remote control; and b. Heat pump remote control
The amounts ordered are proved and the tenant agrees that he owes the amounts ordered.

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 agreed that the damage to the gib was caused during the tenancy for which he is liable for the repair costs as the damage is more than fair wear and tear
The amounts ordered are proved and the tenant agrees that he owes the amounts ordered.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because [The applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has wholly succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 5305182 — Cleanliness

At a glance

Tenancy Tribunal case 5305182 — Cleanliness

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