What was the outcome of Tenancy Tribunal case 4637634?

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

How much money was awarded in case 4637634?

Cleaning: $402.50 awarded to landlord; Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $85.00 awarded to landlord; Property Damage: $305.91 awarded to landlord; Rent Arrears: $1,148.57 awarded to landlord; Property Damage: $500.00 awarded to landlord; Painting: $300.00 awarded to landlord; Rubbish Removal: $171.35 awarded to landlord; Water Rates: $77.20 awarded to landlord

What type of tenancy dispute was case 4637634?

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

Where can I read the official tribunal order for case 4637634?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9411519-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4637634?

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

How much money was awarded in case 4637634?

Cleaning: $402.50 awarded to landlord; Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $85.00 awarded to landlord; Property Damage: $305.91 awarded to landlord; Rent Arrears: $1,148.57 awarded to landlord; Property Damage: $500.00 awarded to landlord; Painting: $300.00 awarded to landlord; Rubbish Removal: $171.35 awarded to landlord; Water Rates: $77.20 awarded to landlord

What type of tenancy dispute was case 4637634?

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

Where can I read the official tribunal order for case 4637634?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9411519-Tenancy_Tribunal_Order.pdf.

18A Vialou Lane, Stonefields, Auckland 1072 Tenancy Tribunal Case 4637634 — Rent arrears

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18A Vialou Lane, Stonefields, Auckland 1072 Tenancy Tribunal Case 4637634 — 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 4637634 — net $650.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,148.57	Rent arrears
Water rates	$77.20	Water rates
Lock/key replacement	$305.91	Lock/key replacement
Rubbish removal	$171.35	Rubbish removal
Carpet Cleaning	$402.50	Carpet Cleaning
Lawns and Garden work	$85.00	Lawns and Garden work
Cleaning	$400.00	Cleaning
Repairs: Paint door insurance excess	$500.00	Repairs: Paint door insurance excess
Repairs: Painting	$300.00	Repairs: Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$650.97
Total payable by Tenant to Landlord	$650.97

Claims and awards for application 4637634 — net $650.97 NZD. Verify on MoJ.

Rent arrears

Amount: $1,148.57
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $77.20
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $305.91
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $171.35
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $402.50
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Scot Prebble must pay Barfoot & Thompson Limited As Agent For Felicity Turner $650.97 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,760.00 (6213856-006) to Barfoot & Thompson Limited As Agent For Felicity Turner immediately.
All other applications are dismissed.

Reasons

The landlord attended this remote teleconference hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
I record that the landlord confirmed that he had sent copies of all documents filed with the Tribunal to the Tenant. The landlord has applied for release of the bond.

How much is owed for rent and water rates?

The tenancy ended on 31 July 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1,148.57 for rent and $77.20 for water.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Invoices and photos of the premises both before and after the tenancy in support of the application.
Photos of the carpet showed evidence of staining. The invoice for $402.50 is reasonable.
A modest invoice for gardening was provided for $85.00.The photos provided confirm that this is reasonable.
An invoice was provided for $707.00 for cleaning as well as photos. The standard required of the tenant is reasonably clean and tidy. It is generally accepted that the standard of cleanliness required at the start of a new tenancy is a higher standard. The work invoiced by the landlord was the only cleaning carried out between tenancies. I have taken the evidence of the condition of the premises at the end of the tenancy into account in reducing the amount due to $400.00 to allow for cleaning to that lower “reasonably clean and tidy” standard.
The tenant did not return the keys. The landlord provided an invoice for $305.91 from a locksmith.
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. The landlord is insured for tenant damage. The excess on that policy is $500.00.
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 front door has been scratched. The scratches need to be filled and a high build primer attached as well as respraying with industrial paint. The costs is $920.00.The landlord is insured and the excess is $500.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Photos of the walls inside the house show a number of scratches and marks. The invoice for repairs is $517.50. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
In setting the compensation at $300.00, 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. The landlord said that it had been approximately 8 years since the walls had been last painted.
As Barfoot & Thompson Limited As Agent For Felicity Turner has substantially succeeded with the claim I have ordered the tenant to 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 4637634 — net $650.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,148.57	Rent arrears
Water rates	$77.20	Water rates
Lock/key replacement	$305.91	Lock/key replacement
Rubbish removal	$171.35	Rubbish removal
Carpet Cleaning	$402.50	Carpet Cleaning
Lawns and Garden work	$85.00	Lawns and Garden work
Cleaning	$400.00	Cleaning
Repairs: Paint door insurance excess	$500.00	Repairs: Paint door insurance excess
Repairs: Painting	$300.00	Repairs: Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$650.97
Total payable by Tenant to Landlord	$650.97

Claims and awards for application 4637634 — net $650.97 NZD. Verify on MoJ.

Rent arrears

Amount: $1,148.57
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $77.20
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $305.91
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $171.35
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $402.50
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Scot Prebble must pay Barfoot & Thompson Limited As Agent For Felicity Turner $650.97 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,760.00 (6213856-006) to Barfoot & Thompson Limited As Agent For Felicity Turner immediately.
All other applications are dismissed.

Reasons

The landlord attended this remote teleconference hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
I record that the landlord confirmed that he had sent copies of all documents filed with the Tribunal to the Tenant. The landlord has applied for release of the bond.

How much is owed for rent and water rates?

The tenancy ended on 31 July 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $1,148.57 for rent and $77.20 for water.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Invoices and photos of the premises both before and after the tenancy in support of the application.
Photos of the carpet showed evidence of staining. The invoice for $402.50 is reasonable.
A modest invoice for gardening was provided for $85.00.The photos provided confirm that this is reasonable.
An invoice was provided for $707.00 for cleaning as well as photos. The standard required of the tenant is reasonably clean and tidy. It is generally accepted that the standard of cleanliness required at the start of a new tenancy is a higher standard. The work invoiced by the landlord was the only cleaning carried out between tenancies. I have taken the evidence of the condition of the premises at the end of the tenancy into account in reducing the amount due to $400.00 to allow for cleaning to that lower “reasonably clean and tidy” standard.
The tenant did not return the keys. The landlord provided an invoice for $305.91 from a locksmith.
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. The landlord is insured for tenant damage. The excess on that policy is $500.00.
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 front door has been scratched. The scratches need to be filled and a high build primer attached as well as respraying with industrial paint. The costs is $920.00.The landlord is insured and the excess is $500.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Photos of the walls inside the house show a number of scratches and marks. The invoice for repairs is $517.50. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
In setting the compensation at $300.00, 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. The landlord said that it had been approximately 8 years since the walls had been last painted.
As Barfoot & Thompson Limited As Agent For Felicity Turner has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 4637634 — Rent arrears at 18A Vialou Lane, Stonefields, Auckland 1072

At a glance

Tenancy Tribunal case 4637634 — Rent arrears at 18A Vialou Lane, Stonefields, Auckland 1072

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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