What was the outcome of Tenancy Tribunal case 4633889?

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

How much money was awarded in case 4633889?

Cleaning: $180.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawncare And Gardening: $220.00 awarded to landlord; Property Damage: $146.00 awarded to landlord; Property Damage: $224.00 awarded to landlord; Property Damage: $494.00 awarded to landlord; Re-Glazing Lounge Window: $242.63 awarded to landlord; Removal Of Car From Property: $172.50 awarded to landlord; Rent Arrears: $1,191.43 awarded to landlord; Rubbish Removal: $245.00 awarded to landlord

What type of tenancy dispute was case 4633889?

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

Where can I read the official tribunal order for case 4633889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9328481-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4633889?

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

How much money was awarded in case 4633889?

Cleaning: $180.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawncare And Gardening: $220.00 awarded to landlord; Property Damage: $146.00 awarded to landlord; Property Damage: $224.00 awarded to landlord; Property Damage: $494.00 awarded to landlord; Re-Glazing Lounge Window: $242.63 awarded to landlord; Removal Of Car From Property: $172.50 awarded to landlord; Rent Arrears: $1,191.43 awarded to landlord; Rubbish Removal: $245.00 awarded to landlord

What type of tenancy dispute was case 4633889?

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

Where can I read the official tribunal order for case 4633889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9328481-Tenancy_Tribunal_Order.pdf.

9 Wychwood Crescent, Springfield, Rotorua 3010 Tenancy Tribunal Case 4633889 — Rent arrears

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9 Wychwood Crescent, Springfield, Rotorua 3010 Tenancy Tribunal Case 4633889 — 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 4633889. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 June 2023	$1,191.43	Rent arrears to 26 June 2023
Internal cleaning of premises	$450.00	Internal cleaning of premises
Curtain repairs	$146.00	Curtain repairs
Carpet cleaning (Jet Vac	$180.00	Carpet cleaning (Jet Vac
Rubbish removal	$245.00	Rubbish removal
Removal of car from property	$172.50	Removal of car from property
Lawncare and gardening	$220.00	Lawncare and gardening
Lock repairs	$224.00	Lock repairs
Re-glazing lounge window	$242.63	Re-glazing lounge window
Repairs (materials and labour	$494.00	Repairs (materials and labour
Application filing fee	$20.44	Application filing fee

Claims and awards for application 4633889. Verify on MoJ.

Rent arrears to 26 June 2023

Amount: $1,191.43
Awarded to: Landlord
Reason: Rent arrears to 26 June 2023

Internal cleaning of premises

Amount: $450.00
Awarded to: Landlord
Reason: Internal cleaning of premises

Curtain repairs

Amount: $146.00
Awarded to: Landlord
Reason: Curtain repairs

Carpet cleaning (Jet Vac

Amount: $180.00
Awarded to: Landlord
Reason: Carpet cleaning (Jet Vac

Rubbish removal

Amount: $245.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness 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.
Jann Elizabeth Wickham and Te Haupapa Walker to pay Rotorua Investments Limited $2,252.00 immediately, calculated as follows: DescriptionLandlord Rent arrears to 26 June 2023$1,191.43 Internal cleaning of premises$450.00 Curtain repairs$146.00 Carpet cleaning (Jet Vac)$180.00 Rubbish removal$245.00 Removal of car from property$172.50 Lawncare and gardening$220.00 Lock repairs$224.00 Re-glazing lounge window$242.63 Repairs (materials and labour)$494.00 Application filing fee$20.44 Total award$3,586.00 Less Balance of Bond Uplifted by Landlord$1,333.85 Tenant to pay$2,252.15

Reasons

The Landlord attended the hearing.
The Landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 June 2023. The Landlord provided rent records which prove the amount owing at the end of the tenancy: $1,501.43
Since the Landlord filed their application they have received payments totalling $310.00 from Work and Income on behalf of the Tenant. Consequently, the total arrears owing by the Tenant is $1,333.85.

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 s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The Tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The ingoing inspection report and photographs produced by the Landlord show the property was in a very clean and tidy condition when the tenancy commenced. The final inspection report and photographs show cleaning was required in the kitchen, bathroom and laundry. As well, there were many dirty marks on the walls and doors throughout the house. The house drapes and net curtains were also dirty mildewed and required removal and cleaning. I award the Landlord its costs in having the premises cleaned: $450.00
The carpets were dusty and very smelly, according to the Landlord. The presence of dog hair confirmed a dog had been inside the premises in breach of the tenancy agreement. I award the Landlord its costs in having the carpets commercially cleaned: $180.00
The Landlord’s photographs show a considerable amount of rubbish was left behind at the end of the tenancy, inside cupboards and in drawers, and scattered about the section. I award the Landlord its costs in having the rubbish removed: $245.00
A car had to be removed from the property. I award the Landlord its costs in having the vehicle removed: $172.50
The lawns had not been mowed and required and the gardens were left overgrown. I award the Landlord its lawncare and gardening costs: $220.00
The Tenant was given a key to the lower lock of the entry door only. They released the top lock, and there was no way of gaining entry to the home. A locksmith was required to open the door as it was impossible for the Landlord to gain entry. A hallway cupboard lock required repair. The total locksmith repair costs came to $224.00. I award the Landlord its claim.
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 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 following damage was caused during the tenancy: a. Lounge window broken. b. Missing door know from laundry cupboard. c. Broken runner of bedroom wardrobe door. d. Broken curtain hooks. e. Holes in bathroom walls and door. f. Remove smashed panels in the garage walls.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
All damage is careless, aside from the holes, which the Landlord said were caused by a young teenager living at the home who had a hot temper and would destroy things, often in a sudden fit of rage.
The amounts ordered are proved and I award the Landlord $242.63 for reglazing costs, $146.00 for curtain repairs, and $494.00 for the remaining repairs, including materials and labour (as per paid invoice supplied by Landlord).
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.
Because the Landlord has wholly succeeded in its claim, I reimburse its application 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 4633889. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 June 2023	$1,191.43	Rent arrears to 26 June 2023
Internal cleaning of premises	$450.00	Internal cleaning of premises
Curtain repairs	$146.00	Curtain repairs
Carpet cleaning (Jet Vac	$180.00	Carpet cleaning (Jet Vac
Rubbish removal	$245.00	Rubbish removal
Removal of car from property	$172.50	Removal of car from property
Lawncare and gardening	$220.00	Lawncare and gardening
Lock repairs	$224.00	Lock repairs
Re-glazing lounge window	$242.63	Re-glazing lounge window
Repairs (materials and labour	$494.00	Repairs (materials and labour
Application filing fee	$20.44	Application filing fee

Claims and awards for application 4633889. Verify on MoJ.

Rent arrears to 26 June 2023

Amount: $1,191.43
Awarded to: Landlord
Reason: Rent arrears to 26 June 2023

Internal cleaning of premises

Amount: $450.00
Awarded to: Landlord
Reason: Internal cleaning of premises

Curtain repairs

Amount: $146.00
Awarded to: Landlord
Reason: Curtain repairs

Carpet cleaning (Jet Vac

Amount: $180.00
Awarded to: Landlord
Reason: Carpet cleaning (Jet Vac

Rubbish removal

Amount: $245.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness 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.
Jann Elizabeth Wickham and Te Haupapa Walker to pay Rotorua Investments Limited $2,252.00 immediately, calculated as follows: DescriptionLandlord Rent arrears to 26 June 2023$1,191.43 Internal cleaning of premises$450.00 Curtain repairs$146.00 Carpet cleaning (Jet Vac)$180.00 Rubbish removal$245.00 Removal of car from property$172.50 Lawncare and gardening$220.00 Lock repairs$224.00 Re-glazing lounge window$242.63 Repairs (materials and labour)$494.00 Application filing fee$20.44 Total award$3,586.00 Less Balance of Bond Uplifted by Landlord$1,333.85 Tenant to pay$2,252.15

Reasons

The Landlord attended the hearing.
The Landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 June 2023. The Landlord provided rent records which prove the amount owing at the end of the tenancy: $1,501.43
Since the Landlord filed their application they have received payments totalling $310.00 from Work and Income on behalf of the Tenant. Consequently, the total arrears owing by the Tenant is $1,333.85.

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 s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The Tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The ingoing inspection report and photographs produced by the Landlord show the property was in a very clean and tidy condition when the tenancy commenced. The final inspection report and photographs show cleaning was required in the kitchen, bathroom and laundry. As well, there were many dirty marks on the walls and doors throughout the house. The house drapes and net curtains were also dirty mildewed and required removal and cleaning. I award the Landlord its costs in having the premises cleaned: $450.00
The carpets were dusty and very smelly, according to the Landlord. The presence of dog hair confirmed a dog had been inside the premises in breach of the tenancy agreement. I award the Landlord its costs in having the carpets commercially cleaned: $180.00
The Landlord’s photographs show a considerable amount of rubbish was left behind at the end of the tenancy, inside cupboards and in drawers, and scattered about the section. I award the Landlord its costs in having the rubbish removed: $245.00
A car had to be removed from the property. I award the Landlord its costs in having the vehicle removed: $172.50
The lawns had not been mowed and required and the gardens were left overgrown. I award the Landlord its lawncare and gardening costs: $220.00
The Tenant was given a key to the lower lock of the entry door only. They released the top lock, and there was no way of gaining entry to the home. A locksmith was required to open the door as it was impossible for the Landlord to gain entry. A hallway cupboard lock required repair. The total locksmith repair costs came to $224.00. I award the Landlord its claim.
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 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 following damage was caused during the tenancy: a. Lounge window broken. b. Missing door know from laundry cupboard. c. Broken runner of bedroom wardrobe door. d. Broken curtain hooks. e. Holes in bathroom walls and door. f. Remove smashed panels in the garage walls.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
All damage is careless, aside from the holes, which the Landlord said were caused by a young teenager living at the home who had a hot temper and would destroy things, often in a sudden fit of rage.
The amounts ordered are proved and I award the Landlord $242.63 for reglazing costs, $146.00 for curtain repairs, and $494.00 for the remaining repairs, including materials and labour (as per paid invoice supplied by Landlord).
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.
Because the Landlord has wholly succeeded in its claim, I reimburse its application filing fee.

Tenancy Tribunal case 4633889 — Rent arrears at 9 Wychwood Crescent, Springfield, Rotorua 3010

At a glance

Tenancy Tribunal case 4633889 — Rent arrears at 9 Wychwood Crescent, Springfield, Rotorua 3010

At a glance

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

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