What was the outcome of Tenancy Tribunal case 4639932?

The tribunal order states: Blaque Ashford Shaun Moore must pay Online Rentals Limited As Agent For

How much money was awarded in case 4639932?

Cleaning: $115.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $735.00 awarded to landlord

What type of tenancy dispute was case 4639932?

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

Where can I read the official tribunal order for case 4639932?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9582971-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4639932?

The tribunal order states: Blaque Ashford Shaun Moore must pay Online Rentals Limited As Agent For

How much money was awarded in case 4639932?

Cleaning: $115.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $735.00 awarded to landlord

What type of tenancy dispute was case 4639932?

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

Where can I read the official tribunal order for case 4639932?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9582971-Tenancy_Tribunal_Order.pdf.

Room C, Unit/Flat 1, 40 Normandy Avenue, Melville, Tenancy Tribunal Case 4639932 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4639932 — net $140.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$735.00	Rent arrears
Cleaning	$115.00	Cleaning
TV screen replacement	$250.00	TV screen replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$140.44
Total payable by Tenant to Landlord	$140.44

The landlord attended the hearing but the tenant 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.

The tenancy premises is a studio room with a kitchenette and ensuite in a unit which has four such rooms. The tenants share communal lounge, kitchen and laundry facilities.

How much is owed for rent?

The tenant advised the landlord he had moved out of the premises and did not intend to return after his vehicle was broken into and stolen on 2 March 2023. The tenant did not give 28 days’ written notice to the landlord to end the tenancy as is required by the Residential Tenancies Act 1986 (RTA). See section 51 (2B).

The landlord is entitled to 28 days’ notice that the tenancy is terminating. The rent arrears include rent due for 28 days after 2 March 2023, being the date the landlord accepted that the tenant advised he wanted the tenancy to end.

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) RTA.

The landlord’s evidence establishes that the tenant did not leave the premises reasonably clean and tidy.

The amount ordered is 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 tenant took the television screen in his room off the wall and dropped it, which damaged the screen. I am satisfied that the damage was carelessly caused.

The replacement screen cost $356.00. The television was one year old at the time the damage was caused. I am satisfied that a screen of this type would have a life expectancy or around 12-15 years. Any compensation awarded needs to take into consideration betterment and depreciation as 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. I find reasonable depreciation for the TV screen is $25.00.

The tenancy agreement establishes that the landlord has an insurance excess of $250.00 for careless damage. As the landlord was insured and could have made a claim, and the excess is less than the depreciated value of the TV screen, I have awarded the excess.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Filing Fee: As the landlord has been wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4639932 — net $140.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$735.00	Rent arrears
Cleaning	$115.00	Cleaning
TV screen replacement	$250.00	TV screen replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$140.44
Total payable by Tenant to Landlord	$140.44

Order

Blaque Ashford Shaun Moore must pay Online Rentals Limited As Agent For Walsh-McDonnell Trust $140.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $980.00 (6482184004) to Online Rentals Limited As Agent For Walsh -McDonnell Trust immediately.

Reasons

The landlord attended the hearing but the tenant 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.
The tenancy premises is a studio room with a kitchenette and ensuite in a unit which has four such rooms. The tenants share communal lounge, kitchen and laundry facilities.

How much is owed for rent?

The tenant advised the landlord he had moved out of the premises and did not intend to return after his vehicle was broken into and stolen on 2 March 2023. The tenant did not give 28 days’ written notice to the landlord to end the tenancy as is required by the Residential Tenancies Act 1986 (RTA). See section 51 (2B).
The landlord is entitled to 28 days’ notice that the tenancy is terminating. The rent arrears include rent due for 28 days after 2 March 2023, being the date the landlord accepted that the tenant advised he wanted the tenancy to end.

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) RTA.
The landlord’s evidence establishes that the tenant did not leave the premises reasonably clean and tidy.
The amount ordered is 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 tenant took the television screen in his room off the wall and dropped it, which damaged the screen. I am satisfied that the damage was carelessly caused.
The replacement screen cost $356.00. The television was one year old at the time the damage was caused. I am satisfied that a screen of this type would have a life expectancy or around 12-15 years. Any compensation awarded needs to take into consideration betterment and depreciation as 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. I find reasonable depreciation for the TV screen is $25.00.
The tenancy agreement establishes that the landlord has an insurance excess of $250.00 for careless damage. As the landlord was insured and could have made a claim, and the excess is less than the depreciated value of the TV screen, I have awarded the excess.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Filing Fee: As the landlord has been wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4639932 — Rent arrears at Room C, Unit/Flat 1, 40 Normandy Avenue, Melville,

At a glance

Tenancy Tribunal case 4639932 — Rent arrears at Room C, Unit/Flat 1, 40 Normandy Avenue, Melville,

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