What was the outcome of Tenancy Tribunal case 4624829?

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

How much money was awarded in case 4624829?

Cleaning: $655.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $874.00 awarded to landlord; Rent Arrears: $1,751.43 awarded to landlord; Rubbish Removal: $724.50 awarded to landlord

What type of tenancy dispute was case 4624829?

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

Where can I read the official tribunal order for case 4624829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9510059-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4624829?

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

How much money was awarded in case 4624829?

Cleaning: $655.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $874.00 awarded to landlord; Rent Arrears: $1,751.43 awarded to landlord; Rubbish Removal: $724.50 awarded to landlord

What type of tenancy dispute was case 4624829?

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

Where can I read the official tribunal order for case 4624829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9510059-Tenancy_Tribunal_Order.pdf.

Unit/Flat 25, 137 Hall Avenue, Favona, Auckland 2024 Tenancy Tribunal Case 4624829 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4624829 — net $4,025.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21.5.23	$1,751.43	Rent arrears to 21.5.23
Cleaning	$655.50	Cleaning
Rubbish removal	$724.50	Rubbish removal
Repairs to walls	$874.00	Repairs to walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,025.87
Total payable by Tenant to Landlord	$4,025.87

Only the landlord, represented by Ms Victoria Grey, attended the hearing. The tenant was notified but did not attend, and the hearing proceeded in her absence.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The landlord confirms receiving the bond, which was paid following an order of the Tribunal on 26 June 2023.

How much is owed for rent?

The landlord’s evidence is that the tenancy ended on 21 May 2023. The landlord states that the tenant gave notice on 16 April 2023 (via email) that she was moving out and initially, the tenancy was to end on 14 May 2023. The tenant sought a further week to remove her belongings, so the tenancy was extended to 21 May 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) of the Residential Tenancies Act 1986 (the RTA).

The landlord claims cleaning and rubbish removal costs. The landlord has provided evidence, including invoices and inspection reports, with photographs showing the condition of the premises at the end of the tenancy, and prior to the tenancy commencing. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage. To be successful, the 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 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 advises that the insurance excess is $400.00. The rent for this premises is $570.00 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.

From the photographic, oral and documentary evidence provided by the landlord (including an invoice for repair costs), I am satisfied that the damage to multiple walls throughout the house was caused during the tenancy. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has explained that the owner’s insurer treated each area of damage as a separate event, and as the insurance excess was $400.00, this cost was not paid by insurance.

The amount ordered is proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee

Because the landlord has been successful, the tenant is to pay the landlord’s filing fee.

Claims and awards in Tenancy Tribunal application 4624829 — net $4,025.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21.5.23	$1,751.43	Rent arrears to 21.5.23
Cleaning	$655.50	Cleaning
Rubbish removal	$724.50	Rubbish removal
Repairs to walls	$874.00	Repairs to walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,025.87
Total payable by Tenant to Landlord	$4,025.87

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Jennifer Vaka must pay Venture Management North Island Limited as agent for Andrew and Kere Bennett $4,025.87 immediately, calculated as shown in the table below.

Reasons

Only the landlord, represented by Ms Victoria Grey, attended the hearing. The tenant was notified but did not attend, and the hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The landlord confirms receiving the bond, which was paid following an order of the Tribunal on 26 June 2023.

How much is owed for rent?

The landlord’s evidence is that the tenancy ended on 21 May 2023. The landlord states that the tenant gave notice on 16 April 2023 (via email) that she was moving out and initially, the tenancy was to end on 14 May 2023. The tenant sought a further week to remove her belongings, so the tenancy was extended to 21 May 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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims cleaning and rubbish removal costs. The landlord has provided evidence, including invoices and inspection reports, with photographs showing the condition of the premises at the end of the tenancy, and prior to the tenancy commencing. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage. To be successful, the 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 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 advises that the insurance excess is $400.00. The rent for this premises is $570.00 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.
From the photographic, oral and documentary evidence provided by the landlord (including an invoice for repair costs), I am satisfied that the damage to multiple walls throughout the house was caused during the tenancy. This damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has explained that the owner’s insurer treated each area of damage as a separate event, and as the insurance excess was $400.00, this cost was not paid by insurance.
The amount ordered is proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
Because the landlord has been successful, the tenant is to pay the landlord’s filing fee.

Tenancy Tribunal case 4624829 — Rent arrears at Unit/Flat 25, 137 Hall Avenue, Favona, Auckland 2024

At a glance

Tenancy Tribunal case 4624829 — Rent arrears at Unit/Flat 25, 137 Hall Avenue, Favona, Auckland 2024

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