What was the outcome of Tenancy Tribunal case 4569833?

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

How much money was awarded in case 4569833?

Cleaning: $155.25 awarded to landlord; Cleaning: $862.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $57.50 awarded to landlord; Property Damage: $143.75 awarded to landlord; Property Damage: $2,202.25 awarded to landlord; Rent Arrears: $1,690.00 awarded to landlord; Rubbish Removal: $825.70 awarded to landlord; Smoke Alarms: $26.25 awarded to landlord; Water Rates: $56.09 awarded to landlord

What type of tenancy dispute was case 4569833?

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

Where can I read the official tribunal order for case 4569833?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9429512-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4569833?

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

How much money was awarded in case 4569833?

Cleaning: $155.25 awarded to landlord; Cleaning: $862.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $57.50 awarded to landlord; Property Damage: $143.75 awarded to landlord; Property Damage: $2,202.25 awarded to landlord; Rent Arrears: $1,690.00 awarded to landlord; Rubbish Removal: $825.70 awarded to landlord; Smoke Alarms: $26.25 awarded to landlord; Water Rates: $56.09 awarded to landlord

What type of tenancy dispute was case 4569833?

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

Where can I read the official tribunal order for case 4569833?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9429512-Tenancy_Tribunal_Order.pdf.

127B Russell Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4569833 — Property damage

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127B Russell Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4569833 — Property damage | 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 4569833 — net $3,486.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20.4.23	$1,690.00	Rent arrears to 20.4.23
Water rates	$56.09	Water rates
Rubbish removal	$825.70	Rubbish removal
Cleaning	$862.50	Cleaning
Carpet cleaning	$155.25	Carpet cleaning
Lawns and garden work	$57.50	Lawns and garden work
Rubbish bin replacement	$143.75	Rubbish bin replacement
Smoke alarm replacement	$26.25	Smoke alarm replacement
Repairs to walls	$2,202.25	Repairs to walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,486.33
Total payable by Tenant to Landlord	$3,486.33

Claims and awards for application 4569833 — net $3,486.33 NZD. Verify on MoJ.

Rent arrears to 20.4.23

Amount: $1,690.00
Awarded to: Landlord
Reason: Rent arrears to 20.4.23

Water rates

Amount: $56.09
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $825.70
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $862.50
Awarded to: Landlord
Reason: Cleaning

Carpet cleaning

Amount: $155.25
Awarded to: Landlord
Reason: Carpet cleaning

Lawns and garden work

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Shonique Weston must pay Rent Now Property Management Limited as agent for RR Rreinvest Ltd $3,486.33 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,553.40 (6409884-004) to Rent Now Property Management Limited as agent for RR Rreinvest Ltd immediately.

Reasons

Only the landlord, represented by Ms Sinha, appeared at the hearing. The tenant was notified but did not attend.
The landlord has applied for rent arrears, water charges, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

This tenancy was to end on 12 April 2023 by mutual agreement, as recorded in an order of the Tribunal on 16 March 2023. However, the tenant remained in possession and was evicted on 20 April 2023, as confirmed by the eviction notice. Rent arrears and water charges are sought up to this date. The landlord provided rent records and water rates invoices to establish the amount owing at the end of the tenancy. The landlord has explained that the amount due for rent was $4,070.71, however, the landlord’s insurer paid $2,280.00 for loss of rent. The balance of $1,690.00 is sought from the tenant.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims costs for cleaning, carpet cleaning, rubbish removal, and lawn mowing. The landlord has produced photographic evidence following an inspection after the tenancy ended. Also produced were photographs of the premises prior to the tenancy commencing.
The landlord has established that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Invoices for cleaning (including carpet cleaning), lawnmowing, and rubbish removal were produced
The landlord has also claimed the cost of replacing a smoke alarm and pull-out rubbish bin, both of which were missing at the end of the tenancy. The relevant invoice has been produced.
The amounts ordered for the above claimed costs are proved. General principles regarding responsibility for damage
The landlord claims compensation for damage to multiple walls in the premises. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B of the RTA applies. 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) of the 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) of the 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) of the RTA.
The landlord is insured for tenant damage and the insurance excess is $400.00, but an additional excess of $500.00 applies to all claims for deliberate damage. The rent for this premises is $695.00 per week.
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) of the 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.

Is the tenant responsible for the damage to the premises?

I am satisfied that the damage to the walls, in multiple areas throughout the house, was caused during the tenancy. The landlord has produced photographic and oral evidence, and an invoice for the repair costs ($2,202.25). This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved.
In making this award, the principle of betterment has been taken into account, so the landlord is returned to the position they would have been in had the tenant not breached their obligations, and is not better or worse off. Depreciation has also been considered. Filing fee
Because the landlord has been successful, the tenant is to pay the landlord’s 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 4569833 — net $3,486.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20.4.23	$1,690.00	Rent arrears to 20.4.23
Water rates	$56.09	Water rates
Rubbish removal	$825.70	Rubbish removal
Cleaning	$862.50	Cleaning
Carpet cleaning	$155.25	Carpet cleaning
Lawns and garden work	$57.50	Lawns and garden work
Rubbish bin replacement	$143.75	Rubbish bin replacement
Smoke alarm replacement	$26.25	Smoke alarm replacement
Repairs to walls	$2,202.25	Repairs to walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,486.33
Total payable by Tenant to Landlord	$3,486.33

Claims and awards for application 4569833 — net $3,486.33 NZD. Verify on MoJ.

Rent arrears to 20.4.23

Amount: $1,690.00
Awarded to: Landlord
Reason: Rent arrears to 20.4.23

Water rates

Amount: $56.09
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $825.70
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $862.50
Awarded to: Landlord
Reason: Cleaning

Carpet cleaning

Amount: $155.25
Awarded to: Landlord
Reason: Carpet cleaning

Lawns and garden work

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Shonique Weston must pay Rent Now Property Management Limited as agent for RR Rreinvest Ltd $3,486.33 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,553.40 (6409884-004) to Rent Now Property Management Limited as agent for RR Rreinvest Ltd immediately.

Reasons

Only the landlord, represented by Ms Sinha, appeared at the hearing. The tenant was notified but did not attend.
The landlord has applied for rent arrears, water charges, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

This tenancy was to end on 12 April 2023 by mutual agreement, as recorded in an order of the Tribunal on 16 March 2023. However, the tenant remained in possession and was evicted on 20 April 2023, as confirmed by the eviction notice. Rent arrears and water charges are sought up to this date. The landlord provided rent records and water rates invoices to establish the amount owing at the end of the tenancy. The landlord has explained that the amount due for rent was $4,070.71, however, the landlord’s insurer paid $2,280.00 for loss of rent. The balance of $1,690.00 is sought from the tenant.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims costs for cleaning, carpet cleaning, rubbish removal, and lawn mowing. The landlord has produced photographic evidence following an inspection after the tenancy ended. Also produced were photographs of the premises prior to the tenancy commencing.
The landlord has established that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Invoices for cleaning (including carpet cleaning), lawnmowing, and rubbish removal were produced
The landlord has also claimed the cost of replacing a smoke alarm and pull-out rubbish bin, both of which were missing at the end of the tenancy. The relevant invoice has been produced.
The amounts ordered for the above claimed costs are proved. General principles regarding responsibility for damage
The landlord claims compensation for damage to multiple walls in the premises. To be successful, 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 of the RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B of the RTA applies. 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) of the 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) of the 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) of the RTA.
The landlord is insured for tenant damage and the insurance excess is $400.00, but an additional excess of $500.00 applies to all claims for deliberate damage. The rent for this premises is $695.00 per week.
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) of the 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.

Is the tenant responsible for the damage to the premises?

I am satisfied that the damage to the walls, in multiple areas throughout the house, was caused during the tenancy. The landlord has produced photographic and oral evidence, and an invoice for the repair costs ($2,202.25). This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount ordered is proved.
In making this award, the principle of betterment has been taken into account, so the landlord is returned to the position they would have been in had the tenant not breached their obligations, and is not better or worse off. Depreciation has also been considered. Filing fee
Because the landlord has been successful, the tenant is to pay the landlord’s filing fee.

Tenancy Tribunal case 4569833 — Property damage at 127B Russell Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4569833 — Property damage at 127B Russell Road, Manurewa, Auckland 2102

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

Property management

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

Property management

Frequently asked questions