What was the outcome of Tenancy Tribunal case 4612449?

The tribunal order states: Leah Ward and Clem Richmond must pay Gordon Oswald Greer $2,117.50

How much money was awarded in case 4612449?

Cleaning: $596.80 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $16.47 awarded to landlord; Plumber Call-Out For Thermostat: $74.50 awarded to landlord; Rent Arrears: $2,484.29 awarded to landlord; Replace Bathroom Vanity: $525.00 awarded to landlord

What type of tenancy dispute was case 4612449?

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

Where can I read the official tribunal order for case 4612449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9628242-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4612449?

The tribunal order states: Leah Ward and Clem Richmond must pay Gordon Oswald Greer $2,117.50

How much money was awarded in case 4612449?

Cleaning: $596.80 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $16.47 awarded to landlord; Plumber Call-Out For Thermostat: $74.50 awarded to landlord; Rent Arrears: $2,484.29 awarded to landlord; Replace Bathroom Vanity: $525.00 awarded to landlord

What type of tenancy dispute was case 4612449?

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

Where can I read the official tribunal order for case 4612449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9628242-Tenancy_Tribunal_Order.pdf.

19 Valley Road, Kawerau, Kawerau 3127 Tenancy Tribunal Case 4612449 — Rent arrears

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19 Valley Road, Kawerau, Kawerau 3127 Tenancy Tribunal Case 4612449 — 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 4612449 — net $2,117.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 November 2023	$2,484.29	Rent arrears to 1 November 2023
Cleaning	$596.80	Cleaning
Plumber call-out for thermostat	$74.50	Plumber call-out for thermostat
Replace bathroom vanity	$525.00	Replace bathroom vanity
Light bulbs	$16.47	Light bulbs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,117.50
Total payable by Tenant to Landlord	$2,117.50

Claims and awards for application 4612449 — net $2,117.50 NZD. Verify on MoJ.

Rent arrears to 1 November 2023

Amount: $2,484.29
Awarded to: Landlord
Reason: Rent arrears to 1 November 2023

Cleaning

Amount: $596.80
Awarded to: Landlord
Reason: Cleaning

Plumber call-out for thermostat

Amount: $74.50
Awarded to: Landlord
Reason: Plumber call-out for thermostat

Replace bathroom vanity

Amount: $525.00
Awarded to: Landlord
Reason: Replace bathroom vanity

Light bulbs

Amount: $16.47
Awarded to: Landlord
Reason: Light bulbs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Leah Ward and Clem Richmond must pay Gordon Oswald Greer $2,117.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 to Gordon Oswald Greer immediately.

Reasons

The landlord and Leah Ward attended the hearing. Clem Richmond did not attend.
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 1 November 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 tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy. However, the invoice provided is for professional cleaning when the standard is reasonably clean. I award $596.80 which is a 20% reduction on the amount claimed as fair, reasonable, and proportionate compensation.
The landlord says he had to replace 10 lightbulbs at the end of the tenancy as 6 were missing and 4 were not the correct bulbs. However, the inspection report shows only 2 missing and makes no mention of incorrect bulbs so I make an order for 2 replacement bulbs.
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 following damage was caused during the tenancy: the vanity in the bathroom is swollen and water damaged as a result of water ingress from the waste pipe being deliberately dismantled at the end of the tenancy. This was not discovered until the cleaners filled the sink with water and when they removed the plug the bathroom flooded.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord is also seeking reimbursement of a plumber’s call-out fee as there was no hot water at the end of the tenancy. The plumber discovered the thermostat had been turned down on the hot water cylinder and it had to be reinstated. I accept the landlord’s evidence that this was likely done intentionally by the tenant Mr Richmond who is a plumber.
The amounts ordered are proved.
As the landlord has succeeded with the claim, the tenant 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 4612449 — net $2,117.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 November 2023	$2,484.29	Rent arrears to 1 November 2023
Cleaning	$596.80	Cleaning
Plumber call-out for thermostat	$74.50	Plumber call-out for thermostat
Replace bathroom vanity	$525.00	Replace bathroom vanity
Light bulbs	$16.47	Light bulbs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,117.50
Total payable by Tenant to Landlord	$2,117.50

Claims and awards for application 4612449 — net $2,117.50 NZD. Verify on MoJ.

Rent arrears to 1 November 2023

Amount: $2,484.29
Awarded to: Landlord
Reason: Rent arrears to 1 November 2023

Cleaning

Amount: $596.80
Awarded to: Landlord
Reason: Cleaning

Plumber call-out for thermostat

Amount: $74.50
Awarded to: Landlord
Reason: Plumber call-out for thermostat

Replace bathroom vanity

Amount: $525.00
Awarded to: Landlord
Reason: Replace bathroom vanity

Light bulbs

Amount: $16.47
Awarded to: Landlord
Reason: Light bulbs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Leah Ward and Clem Richmond must pay Gordon Oswald Greer $2,117.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 to Gordon Oswald Greer immediately.

Reasons

The landlord and Leah Ward attended the hearing. Clem Richmond did not attend.
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 1 November 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 tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy. However, the invoice provided is for professional cleaning when the standard is reasonably clean. I award $596.80 which is a 20% reduction on the amount claimed as fair, reasonable, and proportionate compensation.
The landlord says he had to replace 10 lightbulbs at the end of the tenancy as 6 were missing and 4 were not the correct bulbs. However, the inspection report shows only 2 missing and makes no mention of incorrect bulbs so I make an order for 2 replacement bulbs.
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 following damage was caused during the tenancy: the vanity in the bathroom is swollen and water damaged as a result of water ingress from the waste pipe being deliberately dismantled at the end of the tenancy. This was not discovered until the cleaners filled the sink with water and when they removed the plug the bathroom flooded.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord is also seeking reimbursement of a plumber’s call-out fee as there was no hot water at the end of the tenancy. The plumber discovered the thermostat had been turned down on the hot water cylinder and it had to be reinstated. I accept the landlord’s evidence that this was likely done intentionally by the tenant Mr Richmond who is a plumber.
The amounts ordered are proved.
As the landlord has succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4612449 — Rent arrears at 19 Valley Road, Kawerau, Kawerau 3127

At a glance

Tenancy Tribunal case 4612449 — Rent arrears at 19 Valley Road, Kawerau, Kawerau 3127

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

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

Frequently asked questions