What was the outcome of Tenancy Tribunal case 4609169?

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

How much money was awarded in case 4609169?

Cleaning: $734.86 awarded to landlord; Cleaning: $269.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4536896 D…: $2,363.30 awarded to landlord; Property Damage: $330.33 awarded to landlord; Property Damage: $266.00 awarded to landlord; Rent Arrears: $742.86 awarded to landlord; Rubbish Removal: $400.00 awarded to landlord

What type of tenancy dispute was case 4609169?

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

Where can I read the official tribunal order for case 4609169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9480916-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4609169?

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

How much money was awarded in case 4609169?

Cleaning: $734.86 awarded to landlord; Cleaning: $269.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4536896 D…: $2,363.30 awarded to landlord; Property Damage: $330.33 awarded to landlord; Property Damage: $266.00 awarded to landlord; Rent Arrears: $742.86 awarded to landlord; Rubbish Removal: $400.00 awarded to landlord

What type of tenancy dispute was case 4609169?

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

Where can I read the official tribunal order for case 4609169?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9480916-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 38 Tennessee Avenue, Mangere East, Auckland Tenancy Tribunal Case 4609169 — Cleanliness

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Unit/Flat 6, 38 Tennessee Avenue, Mangere East, Auckland Tenancy Tribunal Case 4609169 — Cleanliness | 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 4609169 — net $5,626.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 May 2023	$742.86	Rent arrears to 23 May 2023
Previous order application 4536896 dated 11/05/2023	$2,363.30	Previous order application 4536896 dated 11/05/2023
Window repairs	$330.33	Window repairs
Rubbish removal	$400.00	Rubbish removal
Cleaning	$734.86	Cleaning
Lock/key replacement	$266.00	Lock/key replacement
Cleaning: curtains	$269.00	Cleaning: curtains
Exemplary damages	$500.00	Exemplary damages
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,626.79
Total payable by Tenant to Landlord	$5,626.79

Claims and awards for application 4609169 — net $5,626.79 NZD. Verify on MoJ.

Rent arrears to 23 May 2023

Amount: $742.86
Awarded to: Landlord
Reason: Rent arrears to 23 May 2023

Previous order application 4536896 dated 11/05/2023

Amount: $2,363.30
Awarded to: Landlord
Reason: Previous order application 4536896 dated 11/05/2023

Window repairs

Amount: $330.33
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $400.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $734.86
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Exemplary damages Filing Fee Property damage Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Folouleni Faleta must pay Mcdonald Property Management Acting As Agent For Anna Macnaughtan $5,626.79 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears to 23 May 2023$742.86 Previous order application 4536896 dated 11/05/2023 $2,363.30 Window repairs$330.33 Rubbish removal$400.00 Cleaning$734.86 Lock/key replacement$266.00 Cleaning: curtains$269.00 Exemplary damages$500.00 Filing fee reimbursement$20.44 Total award$5,626.79 Total payable by Tenant to Landlord$5,626.79

Reasons

The landlord attended the hearing by telephone. The tenant was telephoned twice and messages were left.
The landlord has applied for compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy.

Rent compensation?

The tenancy ended on 10 May 2023 by order of the Tribunal for rent arrears.
The landlord provided evidence that the property was abandoned by the tenant. The landlord had to repair, clean and remove the tenant’s rubbish and chattels before the property could be re-let.
The landlord gave evidence that the property was re-let on 24 May 2023. The landlord claimed rent from 11 May 2023 to 23 May 2023.
It is appropriate in these circumstances that the landlord be compensated in full for the rent lost.

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 and return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. In addition, the tenants left curtains badly stained and dirty which required the landlord to incur expense in having them cleaned.
The tenant did not return the keys.
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 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 provided photographic evidence that two windows at the property were broken during the tenancy. The windows appear to have been broken to obtain entry. Given the state of the property, it seems more likely than not that the damage was intentional. The tenant has not disproved liability for the damage.
The amount ordered is proven. Exemplary damages: abandonment
The landlord claims the tenant abandoned the premises.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations.
A tenant commits an unlawful act if they abandon the premises when the rent is in arrear. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.
The landlord explained that he carried out an inspection of the property to determine whether it had been abandoned on 8 May 2023. Having obtained an order from the Tribunal for termination based on rent arrears, the landlord advised that he has not been able to make any contact with the tenant by telephone or email or by contacting her employer. The tenant made no attempt to remove her property when the tenancy was terminated or to give notice or to advise the landlord about her intentions regarding the tenancy. The tenant has not returned to the property over the intervening six months to retrieve her property.
I find that the tenant abandoned the property. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The abandonment was intentional. The tenant has not come forward to give any explanation to the landlord or the Tribunal.
It is important and in the public interest that tenants be deterred from abandoning a property. An award of one third of the maximum payable is appropriate.
Because Mcdonald Property Management Acting As Agent For Anna Macnaughtan has wholly succeeded with the claim I must reimburse 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 4609169 — net $5,626.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 May 2023	$742.86	Rent arrears to 23 May 2023
Previous order application 4536896 dated 11/05/2023	$2,363.30	Previous order application 4536896 dated 11/05/2023
Window repairs	$330.33	Window repairs
Rubbish removal	$400.00	Rubbish removal
Cleaning	$734.86	Cleaning
Lock/key replacement	$266.00	Lock/key replacement
Cleaning: curtains	$269.00	Cleaning: curtains
Exemplary damages	$500.00	Exemplary damages
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,626.79
Total payable by Tenant to Landlord	$5,626.79

Claims and awards for application 4609169 — net $5,626.79 NZD. Verify on MoJ.

Rent arrears to 23 May 2023

Amount: $742.86
Awarded to: Landlord
Reason: Rent arrears to 23 May 2023

Previous order application 4536896 dated 11/05/2023

Amount: $2,363.30
Awarded to: Landlord
Reason: Previous order application 4536896 dated 11/05/2023

Window repairs

Amount: $330.33
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $400.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $734.86
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Exemplary damages Filing Fee Property damage Rent arrears Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Folouleni Faleta must pay Mcdonald Property Management Acting As Agent For Anna Macnaughtan $5,626.79 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears to 23 May 2023$742.86 Previous order application 4536896 dated 11/05/2023 $2,363.30 Window repairs$330.33 Rubbish removal$400.00 Cleaning$734.86 Lock/key replacement$266.00 Cleaning: curtains$269.00 Exemplary damages$500.00 Filing fee reimbursement$20.44 Total award$5,626.79 Total payable by Tenant to Landlord$5,626.79

Reasons

The landlord attended the hearing by telephone. The tenant was telephoned twice and messages were left.
The landlord has applied for compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy.

Rent compensation?

The tenancy ended on 10 May 2023 by order of the Tribunal for rent arrears.
The landlord provided evidence that the property was abandoned by the tenant. The landlord had to repair, clean and remove the tenant’s rubbish and chattels before the property could be re-let.
The landlord gave evidence that the property was re-let on 24 May 2023. The landlord claimed rent from 11 May 2023 to 23 May 2023.
It is appropriate in these circumstances that the landlord be compensated in full for the rent lost.

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 and return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. In addition, the tenants left curtains badly stained and dirty which required the landlord to incur expense in having them cleaned.
The tenant did not return the keys.
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 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 provided photographic evidence that two windows at the property were broken during the tenancy. The windows appear to have been broken to obtain entry. Given the state of the property, it seems more likely than not that the damage was intentional. The tenant has not disproved liability for the damage.
The amount ordered is proven. Exemplary damages: abandonment
The landlord claims the tenant abandoned the premises.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations.
A tenant commits an unlawful act if they abandon the premises when the rent is in arrear. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.
The landlord explained that he carried out an inspection of the property to determine whether it had been abandoned on 8 May 2023. Having obtained an order from the Tribunal for termination based on rent arrears, the landlord advised that he has not been able to make any contact with the tenant by telephone or email or by contacting her employer. The tenant made no attempt to remove her property when the tenancy was terminated or to give notice or to advise the landlord about her intentions regarding the tenancy. The tenant has not returned to the property over the intervening six months to retrieve her property.
I find that the tenant abandoned the property. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The abandonment was intentional. The tenant has not come forward to give any explanation to the landlord or the Tribunal.
It is important and in the public interest that tenants be deterred from abandoning a property. An award of one third of the maximum payable is appropriate.
Because Mcdonald Property Management Acting As Agent For Anna Macnaughtan has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4609169 — Cleanliness at Unit/Flat 6, 38 Tennessee Avenue, Mangere East, Auckland

At a glance

Tenancy Tribunal case 4609169 — Cleanliness at Unit/Flat 6, 38 Tennessee Avenue, Mangere East, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Rent compensation?

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

Rent compensation?

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