What was the outcome of Tenancy Tribunal case 4636629?

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

How much money was awarded in case 4636629?

Cleaning: $207.00 awarded to landlord; Cleaning: $523.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $57.50 awarded to landlord; Property Damage: $189.75 awarded to landlord; Rent Arrears: $3,664.29 awarded to landlord; Letterbox: $250.00 awarded to landlord; Painting: $1,000.00 awarded to landlord; Plastering: $322.00 awarded to landlord; Rubbish Removal: $304.75 awarded to landlord

What type of tenancy dispute was case 4636629?

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

Where can I read the official tribunal order for case 4636629?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9362874-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4636629?

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

How much money was awarded in case 4636629?

Cleaning: $207.00 awarded to landlord; Cleaning: $523.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $57.50 awarded to landlord; Property Damage: $189.75 awarded to landlord; Rent Arrears: $3,664.29 awarded to landlord; Letterbox: $250.00 awarded to landlord; Painting: $1,000.00 awarded to landlord; Plastering: $322.00 awarded to landlord; Rubbish Removal: $304.75 awarded to landlord

What type of tenancy dispute was case 4636629?

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

Where can I read the official tribunal order for case 4636629?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9362874-Tenancy_Tribunal_Order.pdf.

37A Morgan Crescent, Levin, Levin 5510 Tenancy Tribunal Case 4636629 — Rent arrears

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37A Morgan Crescent, Levin, Levin 5510 Tenancy Tribunal Case 4636629 — 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 4636629 — net $6,538.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,664.29	Rent arrears
Lock/key replacement	$189.75	Lock/key replacement
Carpet Cleaning	$207.00	Carpet Cleaning
Cleaning	$523.25	Cleaning
Lawns and Garden work	$57.50	Lawns and Garden work
Rubbish removal	$304.75	Rubbish removal
Repairs: plastering	$322.00	Repairs: plastering
Repairs: painting	$1,000.00	Repairs: painting
Repairs: letterbox	$250.00	Repairs: letterbox
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,538.98
Total payable by Tenant to Landlord	$6,538.98

Claims and awards for application 4636629 — net $6,538.98 NZD. Verify on MoJ.

Rent arrears

Amount: $3,664.29
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $189.75
Awarded to: Landlord
Reason: Lock/key replacement

Carpet Cleaning

Amount: $207.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $523.25
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $57.50
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work 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.
Gregor MacGregor must pay Harcourts Team Group Rentals Ltd As Agent For Simon Barratt $6,538.98 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,664.29 Lock/key replacement$189.75 Carpet Cleaning$207.00 Cleaning$523.25 Lawns and Garden work$57.50 Rubbish removal$304.75 Repairs: plastering$322.00 Repairs: painting$1,000.00 Repairs: letterbox$250.00 Filing fee reimbursement$20.44 Total award$6,538.98 Total payable by Tenant to Landlord$6,538.98

Reasons

The landlord attended the hearing.
The tenant did not attend 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 Tribunal issued Order 4560014 on 29 June 2023 which terminated the tenancy on the basis that the tenant had abandoned the property on 28 March 2023.
The Order also directed that the bond be paid to the landlord in reduction of rent arrears.
The landlord advised that she visited the property and found the tenant still living there. She believes that he abandoned the property around 22 May 2023 as she found that the property had been vacated on that date.
I accept the landlord’s evidence and determine that the tenancy ended on 22 May 2023.
The landlord has claimed rent for four weeks in lieu of notice, or by way of compensation because the property could not be rented until damaged caused by the tenant had been repaired. In the circumstances outlined in the landlord’s evidence and based upon the landlord’s rent records, this claim is granted.
The amount awarded for rent arrears replaces that awarded in Order 4560014.

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. 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.
The landlord gave evidence and provided photographs of stains in the carpet in the bedrooms and lounge which the landlord stated happened during the tenancy. It is appropriate that the landlord be reimbursed for the costs of cleaning the carpet and stain removal.
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 following damage was caused during the tenancy: a. There were eight holes in the bedroom and lounge walls. b. Doors and door frames had suffered damage. c. There were stains and marks on a number of walls. d. The letterbox and the post on which it sat were broken.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
Because of the scale and scope of the damage to the walls, the damage to the walls is intentional. The landlord is entitled to have the walls repaired. As the property is some six years old, the landlord is entitled to a contribution to the costs of repainting rather than the full costs. To award the full costs would be to better the landlord’s position.
The damage to the letterbox appears to have been caused carelessly. While it has cost the landlord nearly $600.00 to replace the letterbox and the post on which it stood, I have allowed an amount that is reasonable for its replacement taking into account the fact that it was at least six years old.
The amounts ordered are proved.
Because Harcourts Team Group Rentals Ltd As Agent For Simon Barratt has substantially succeeded with the claim I have reimbursed 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 4636629 — net $6,538.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,664.29	Rent arrears
Lock/key replacement	$189.75	Lock/key replacement
Carpet Cleaning	$207.00	Carpet Cleaning
Cleaning	$523.25	Cleaning
Lawns and Garden work	$57.50	Lawns and Garden work
Rubbish removal	$304.75	Rubbish removal
Repairs: plastering	$322.00	Repairs: plastering
Repairs: painting	$1,000.00	Repairs: painting
Repairs: letterbox	$250.00	Repairs: letterbox
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,538.98
Total payable by Tenant to Landlord	$6,538.98

Claims and awards for application 4636629 — net $6,538.98 NZD. Verify on MoJ.

Rent arrears

Amount: $3,664.29
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $189.75
Awarded to: Landlord
Reason: Lock/key replacement

Carpet Cleaning

Amount: $207.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $523.25
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $57.50
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work 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.
Gregor MacGregor must pay Harcourts Team Group Rentals Ltd As Agent For Simon Barratt $6,538.98 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,664.29 Lock/key replacement$189.75 Carpet Cleaning$207.00 Cleaning$523.25 Lawns and Garden work$57.50 Rubbish removal$304.75 Repairs: plastering$322.00 Repairs: painting$1,000.00 Repairs: letterbox$250.00 Filing fee reimbursement$20.44 Total award$6,538.98 Total payable by Tenant to Landlord$6,538.98

Reasons

The landlord attended the hearing.
The tenant did not attend 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 Tribunal issued Order 4560014 on 29 June 2023 which terminated the tenancy on the basis that the tenant had abandoned the property on 28 March 2023.
The Order also directed that the bond be paid to the landlord in reduction of rent arrears.
The landlord advised that she visited the property and found the tenant still living there. She believes that he abandoned the property around 22 May 2023 as she found that the property had been vacated on that date.
I accept the landlord’s evidence and determine that the tenancy ended on 22 May 2023.
The landlord has claimed rent for four weeks in lieu of notice, or by way of compensation because the property could not be rented until damaged caused by the tenant had been repaired. In the circumstances outlined in the landlord’s evidence and based upon the landlord’s rent records, this claim is granted.
The amount awarded for rent arrears replaces that awarded in Order 4560014.

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. 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.
The landlord gave evidence and provided photographs of stains in the carpet in the bedrooms and lounge which the landlord stated happened during the tenancy. It is appropriate that the landlord be reimbursed for the costs of cleaning the carpet and stain removal.
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 following damage was caused during the tenancy: a. There were eight holes in the bedroom and lounge walls. b. Doors and door frames had suffered damage. c. There were stains and marks on a number of walls. d. The letterbox and the post on which it sat were broken.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
Because of the scale and scope of the damage to the walls, the damage to the walls is intentional. The landlord is entitled to have the walls repaired. As the property is some six years old, the landlord is entitled to a contribution to the costs of repainting rather than the full costs. To award the full costs would be to better the landlord’s position.
The damage to the letterbox appears to have been caused carelessly. While it has cost the landlord nearly $600.00 to replace the letterbox and the post on which it stood, I have allowed an amount that is reasonable for its replacement taking into account the fact that it was at least six years old.
The amounts ordered are proved.
Because Harcourts Team Group Rentals Ltd As Agent For Simon Barratt has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4636629 — Rent arrears at 37A Morgan Crescent, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4636629 — Rent arrears at 37A Morgan Crescent, Levin, Levin 5510

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