What was the outcome of Tenancy Tribunal case 4563704?

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

How much money was awarded in case 4563704?

Break Lease Fee: $1,088.14 awarded to landlord; Cleaning: $113.85 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,157.14 awarded to landlord

What type of tenancy dispute was case 4563704?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4563704?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9227719-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4563704?

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

How much money was awarded in case 4563704?

Break Lease Fee: $1,088.14 awarded to landlord; Cleaning: $113.85 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,157.14 awarded to landlord

What type of tenancy dispute was case 4563704?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4563704?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9227719-Tenancy_Tribunal_Order.pdf.

18A Headley Drive, Lower Shotover, Queenstown 9304 Tenancy Tribunal Case 4563704 — Rent arrears

Claims and awards in Tenancy Tribunal application 4563704 — net $379.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5.4.23	$1,157.14	Rent arrears to 5.4.23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning (by consent	$113.85	Cleaning (by consent
Break Lease Fee	$1,088.14	Break Lease Fee
Net award	$379.57
Total payable by Tenant to Landlord	$379.57

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Jared MCPadden must pay Divine Property Management Residential Limited As Agent For Kees & Carol Hulsman caroline $379.57 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (6290387-002) to Divine Property Management Residential Limited As Agent For Kees & Carol Hulsman caroline immediately.

Reasons

The landlord attended the hearing. There was no attendance by the tenant.
The landlord has applied for rent arrears, compensation for damage and lease break costs, 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 5 April 2023. The landlord provided rent confirmation which confirms the amount owing at the end of the tenancy. The landlord further confirmed that no payments towards the arrears have been made between 5 April 2023 and today’s date. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.

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 landlord claims that the tenant did not leave the premises reasonably clean. The landlord has provided a cleaning invoice and the tenant consents to the two-hour clean being deducted from the bond.
The claim for cleaning is ordered by consent. Early termination costs (break lease fee)
Under section 44A Residential Tenancies Act a landlord can recover reasonable expenses incurred as a result of the early termination. The landlord has provided an itemised breakdown of all expenses incurred as a result of this. Having sighted this evidence I am satisfied that the tenant is liable for payment of this expense claim.

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 claims that the tenant damaged the washing machine door seal, the shower door seal and the carpet. Unfortunately, the landlord has not provided evidence to the required standard to support these damage claims. Entry photographs dated 26 October 2019 were provided during the hearing however the tenancy began nearly 12 months later on 12 October 2020. Poor quality undated black and white exit photographs were also provided during the hearing. The landlord also provided a Property Condition Report during the hearing.
The landlord’s claim for damage compensation must be dismissed as the evidence filed does not support these claims. As an absolute minimum the landlord would be expected to file entry photographs taken at the start of the tenancy, and colour photographs of actual damage taken at the time the tenant vacated. The black and white photographs provided during the hearing do not support the damage claims made by the landlord. There was also no photographic evidence provided of damage to the shower door seal or the washing machine door. The black and white photograph showing part of a curtain was not helpful in respect of the claim.
Accordingly, the claims for damage compensation are dismissed.
Because Divine Property Management Residential Limited As Agent For Kees & Carol Hulsman caroline has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4563704 — net $379.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5.4.23	$1,157.14	Rent arrears to 5.4.23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning (by consent	$113.85	Cleaning (by consent
Break Lease Fee	$1,088.14	Break Lease Fee
Net award	$379.57
Total payable by Tenant to Landlord	$379.57

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Jared MCPadden must pay Divine Property Management Residential Limited As Agent For Kees & Carol Hulsman caroline $379.57 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (6290387-002) to Divine Property Management Residential Limited As Agent For Kees & Carol Hulsman caroline immediately.

Reasons

The landlord attended the hearing. There was no attendance by the tenant.
The landlord has applied for rent arrears, compensation for damage and lease break costs, 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 5 April 2023. The landlord provided rent confirmation which confirms the amount owing at the end of the tenancy. The landlord further confirmed that no payments towards the arrears have been made between 5 April 2023 and today’s date. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.

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 landlord claims that the tenant did not leave the premises reasonably clean. The landlord has provided a cleaning invoice and the tenant consents to the two-hour clean being deducted from the bond.
The claim for cleaning is ordered by consent. Early termination costs (break lease fee)
Under section 44A Residential Tenancies Act a landlord can recover reasonable expenses incurred as a result of the early termination. The landlord has provided an itemised breakdown of all expenses incurred as a result of this. Having sighted this evidence I am satisfied that the tenant is liable for payment of this expense claim.

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 claims that the tenant damaged the washing machine door seal, the shower door seal and the carpet. Unfortunately, the landlord has not provided evidence to the required standard to support these damage claims. Entry photographs dated 26 October 2019 were provided during the hearing however the tenancy began nearly 12 months later on 12 October 2020. Poor quality undated black and white exit photographs were also provided during the hearing. The landlord also provided a Property Condition Report during the hearing.
The landlord’s claim for damage compensation must be dismissed as the evidence filed does not support these claims. As an absolute minimum the landlord would be expected to file entry photographs taken at the start of the tenancy, and colour photographs of actual damage taken at the time the tenant vacated. The black and white photographs provided during the hearing do not support the damage claims made by the landlord. There was also no photographic evidence provided of damage to the shower door seal or the washing machine door. The black and white photograph showing part of a curtain was not helpful in respect of the claim.
Accordingly, the claims for damage compensation are dismissed.
Because Divine Property Management Residential Limited As Agent For Kees & Carol Hulsman caroline has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4563704 — Rent arrears at 18A Headley Drive, Lower Shotover, Queenstown 9304

At a glance

Tenancy Tribunal case 4563704 — Rent arrears at 18A Headley Drive, Lower Shotover, Queenstown 9304

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