What was the outcome of Tenancy Tribunal case 4562710?

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

How much money was awarded in case 4562710?

Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Rent Arrears: $375.00 awarded to landlord; To Shower: $70.00 awarded to landlord

What type of tenancy dispute was case 4562710?

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

Where can I read the official tribunal order for case 4562710?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9249343-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4562710?

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

How much money was awarded in case 4562710?

Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Rent Arrears: $375.00 awarded to landlord; To Shower: $70.00 awarded to landlord

What type of tenancy dispute was case 4562710?

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

Where can I read the official tribunal order for case 4562710?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9249343-Tribunal_Order.pdf.

27B East Avenue, Saint Kilda, Dunedin 9012 Tenancy Tribunal Case 4562710 — Rent arrears

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27B East Avenue, Saint Kilda, Dunedin 9012 Tenancy Tribunal Case 4562710 — 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 4562710 — net $665.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/6/2023	$375.00	Rent arrears to 10/6/2023
Cleaning	$100.00	Cleaning
Lawns and Garden work	$100.00	Lawns and Garden work
Repairs: to shower	$70.00	Repairs: to shower
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$665.44
Bond	$2,100.00
Total payable by Tenant to Landlord	$665.44

Claims and awards for application 4562710 — net $665.44 NZD. Verify on MoJ.

Rent arrears to 10/6/2023

Amount: $375.00
Awarded to: Landlord
Reason: Rent arrears to 10/6/2023

Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $100.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: to shower

Amount: $70.00
Awarded to: Landlord
Reason: Repairs: to shower

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Kopua Waititi to pay Dunedin Property Management Tapui Limited As Agent For M Hartman Skipper $665.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,100.00 (5060333-008) immediately apportioned as follows: Dunedin Property Management Tapui Limited As Agent For M Hartman Skipper: $665.44 Kopua Waititi: $1,434.56

Reasons

The landlord attended the rescheduled 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?

The tenancy ended on 10/6/2023. The landlord provided rent records 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. 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 landlord sought compensation of $200.00 for cleaning and garden work.
In support of the claim the landlord provided entry and exit reports and invoices.
I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy.
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 landlord sought $70.00 for repairs to the shower.
I am satisfied from the exit report photographs and invoice that damage was caused to the shower during the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As the landlord has wholly succeeded with the claim, I must award the filing fee.

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 4562710 — net $665.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/6/2023	$375.00	Rent arrears to 10/6/2023
Cleaning	$100.00	Cleaning
Lawns and Garden work	$100.00	Lawns and Garden work
Repairs: to shower	$70.00	Repairs: to shower
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$665.44
Bond	$2,100.00
Total payable by Tenant to Landlord	$665.44

Claims and awards for application 4562710 — net $665.44 NZD. Verify on MoJ.

Rent arrears to 10/6/2023

Amount: $375.00
Awarded to: Landlord
Reason: Rent arrears to 10/6/2023

Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $100.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: to shower

Amount: $70.00
Awarded to: Landlord
Reason: Repairs: to shower

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Kopua Waititi to pay Dunedin Property Management Tapui Limited As Agent For M Hartman Skipper $665.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,100.00 (5060333-008) immediately apportioned as follows: Dunedin Property Management Tapui Limited As Agent For M Hartman Skipper: $665.44 Kopua Waititi: $1,434.56

Reasons

The landlord attended the rescheduled 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?

The tenancy ended on 10/6/2023. The landlord provided rent records 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. 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 landlord sought compensation of $200.00 for cleaning and garden work.
In support of the claim the landlord provided entry and exit reports and invoices.
I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy.
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 landlord sought $70.00 for repairs to the shower.
I am satisfied from the exit report photographs and invoice that damage was caused to the shower during the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As the landlord has wholly succeeded with the claim, I must award the filing fee.

Tenancy Tribunal case 4562710 — Rent arrears at 27B East Avenue, Saint Kilda, Dunedin 9012

At a glance

Tenancy Tribunal case 4562710 — Rent arrears at 27B East Avenue, Saint Kilda, Dunedin 9012

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

Property management

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

Property management

Frequently asked questions