What was Tenancy Tribunal case 5391901 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 5391901?

Cleaning: $288.42 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $362.50 awarded to landlord; Rent Arrears: $797.14 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 5391901?

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

Where can I read the official tribunal order for case 5391901?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13596837-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5391901 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 5391901?

Cleaning: $288.42 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $362.50 awarded to landlord; Rent Arrears: $797.14 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 5391901?

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

Where can I read the official tribunal order for case 5391901?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13596837-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5391901 — Rent arrears

Claims and awards in Tenancy Tribunal application 5391901 — net $166.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20.12.24	$797.14	Rent arrears to 20.12.24
Repairs: Wall damage	$550.00	Repairs: Wall damage
Cleaning, rubbish removal, lawn and garden work	$362.50	Cleaning, rubbish removal, lawn and garden work
Carpet Cleaning	$288.42	Carpet Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$166.06
Total payable by Tenant to Landlord	$166.06

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Stacey Leah Goodson must pay [The landlord/s] $166.06 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,860.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The balance of the claim is dismissed.

Reasons

The landlord attended the hearing.
The tenants did not connect to the MS Teams link provided to them and nor did they connect via telephone as instructed in the Notice of Hearing sent to them. The hearing proceeded in their absence.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1 The tenancy ended on 20/12/24. The landlord provided rent records which prove the amount owing at the end of the tenancy The Law – tenant’s obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 2 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 3 1 RTA, 40 (1)(a). 2 RTA, 40(1)(e). 3 RTA, s 40 (2)(a).
Where a landlord is claiming compensation for damage 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. 4
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). 5 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). 6 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 7
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. 8 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. 9
In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably clean and tidy condition. The tenant was close to leaving the premises reasonably clean and tidy and I do not consider the tenant is liable for the deep clean undertaken. Carpet cleaning was required 4 RTA s 40(2)(a), 41, 49B. 5 RTA s 49B(3)(a). 6 RTA, s 49B(3)(b). 7 RTA s 49B(3A)(a). 8 RTA s 49B(1). 9 See Guo v Korck [2019] NZHC 1541. because the tenant had a dog and the carpet was dirty and smelly as a result. Lawns and garden work was required.
The amounts ordered are proved with oral evidence, photographs and invoices. Damage claims
The following damage was caused during the tenancy: a. A wall was damaged and poorly repaired by the tenant. The landlord made an insurance claim for the wall repair and the insurance excess is claimed.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved with oral evidence, a photograph and an invoice. Bond/ Filing fee/ Suppression
The bond is to be paid to the landlord immediately to offset the amount’s ordered.
Because the landlord has been partly successful in their claim, I have ordered that the tenant reimburse the filing fee. 10
The bond does not cover the full amount ordered. Ms Goodson is solely liable for the amount’s ordered as she was the sole tenant at the end of the tenancy.
The landlord sought suppression and as the application is successful, I have made an order accordingly.

Claims and awards in Tenancy Tribunal application 5391901 — net $166.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20.12.24	$797.14	Rent arrears to 20.12.24
Repairs: Wall damage	$550.00	Repairs: Wall damage
Cleaning, rubbish removal, lawn and garden work	$362.50	Cleaning, rubbish removal, lawn and garden work
Carpet Cleaning	$288.42	Carpet Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$166.06
Total payable by Tenant to Landlord	$166.06

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Stacey Leah Goodson must pay [The landlord/s] $166.06 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,860.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The balance of the claim is dismissed.

Reasons

The landlord attended the hearing.
The tenants did not connect to the MS Teams link provided to them and nor did they connect via telephone as instructed in the Notice of Hearing sent to them. The hearing proceeded in their absence.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1 The tenancy ended on 20/12/24. The landlord provided rent records which prove the amount owing at the end of the tenancy The Law – tenant’s obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 2 The Law - Tenants responsibility for damage
A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 3 1 RTA, 40 (1)(a). 2 RTA, 40(1)(e). 3 RTA, s 40 (2)(a).
Where a landlord is claiming compensation for damage 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. 4
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). 5 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). 6 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 7
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. 8 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. 9
In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably clean and tidy condition. The tenant was close to leaving the premises reasonably clean and tidy and I do not consider the tenant is liable for the deep clean undertaken. Carpet cleaning was required 4 RTA s 40(2)(a), 41, 49B. 5 RTA s 49B(3)(a). 6 RTA, s 49B(3)(b). 7 RTA s 49B(3A)(a). 8 RTA s 49B(1). 9 See Guo v Korck [2019] NZHC 1541. because the tenant had a dog and the carpet was dirty and smelly as a result. Lawns and garden work was required.
The amounts ordered are proved with oral evidence, photographs and invoices. Damage claims
The following damage was caused during the tenancy: a. A wall was damaged and poorly repaired by the tenant. The landlord made an insurance claim for the wall repair and the insurance excess is claimed.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved with oral evidence, a photograph and an invoice. Bond/ Filing fee/ Suppression
The bond is to be paid to the landlord immediately to offset the amount’s ordered.
Because the landlord has been partly successful in their claim, I have ordered that the tenant reimburse the filing fee. 10
The bond does not cover the full amount ordered. Ms Goodson is solely liable for the amount’s ordered as she was the sole tenant at the end of the tenancy.
The landlord sought suppression and as the application is successful, I have made an order accordingly.

Tenancy Tribunal case 5391901 — Rent arrears

At a glance

Tenancy Tribunal case 5391901 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions