What was the outcome of Tenancy Tribunal case 4562657?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4562657?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4562657?

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

Where can I read the official tribunal order for case 4562657?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9336366-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4562657?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4562657?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4562657?

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

Where can I read the official tribunal order for case 4562657?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9336366-Tenancy_Tribunal_Order.pdf.

109 Thompson Street, Leamington, Cambridge 3432 Tenancy Tribunal Case 4562657 — Cleanliness

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Cherry Ngamu must pay Accommodation Rental Solutions Limited T/A A.R.S Property Management as Agent for Bruce Watkinson $1,528.58 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$197.14 Carpet Cleaning$1,525.00 Water rates$19.00 Repairs: kitchen cabinets$678.50 garage remote$81.00 Repairs: holes in walls$471.50 Rubbish removal$200.00 Cleaning$736.00 Filing fee reimbursement$20.44 Total award$3,928.58 Bond-$2,400.00 Total payable by Tenant to Landlord$1,528.58
The bond was refunded to the landlord with the tenant’s consent. It is covered in the table above for transparency, but no order is required in relation to it.

Reasons

Only the landlord attended the hearing, which was held by video conference at the tenant’s request.
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 and water rates?

The tenancy ended on 21 March 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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.
Having heard the evidence and seen the photographs provided by the landlord, I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return both garage door remotes.
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 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. Damage to the kitchen cabinets. b. Holes in the walls. c. Staining to the carpets throughout the house.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing Fee
Because Accommodation Rental Solutions Limited T/A A.R.S Property Management as Agent for Bruce Watkinson has wholly succeeded with the claim I must reimburse the filing fee.

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Cherry Ngamu must pay Accommodation Rental Solutions Limited T/A A.R.S Property Management as Agent for Bruce Watkinson $1,528.58 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$197.14 Carpet Cleaning$1,525.00 Water rates$19.00 Repairs: kitchen cabinets$678.50 garage remote$81.00 Repairs: holes in walls$471.50 Rubbish removal$200.00 Cleaning$736.00 Filing fee reimbursement$20.44 Total award$3,928.58 Bond-$2,400.00 Total payable by Tenant to Landlord$1,528.58
The bond was refunded to the landlord with the tenant’s consent. It is covered in the table above for transparency, but no order is required in relation to it.

Reasons

Only the landlord attended the hearing, which was held by video conference at the tenant’s request.
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 and water rates?

The tenancy ended on 21 March 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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.
Having heard the evidence and seen the photographs provided by the landlord, I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return both garage door remotes.
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 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. Damage to the kitchen cabinets. b. Holes in the walls. c. Staining to the carpets throughout the house.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing Fee
Because Accommodation Rental Solutions Limited T/A A.R.S Property Management as Agent for Bruce Watkinson has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4562657 — Cleanliness at 109 Thompson Street, Leamington, Cambridge 3432

Tenancy Tribunal case 4562657 — Cleanliness at 109 Thompson Street, Leamington, Cambridge 3432

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?

Property management

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?

Property management