What was the outcome of Tenancy Tribunal case 4651430?

The tribunal order states: Mike Law and Kerry Crabb must pay Harcourts Cooper and Co Ltd $17,524.62

How much money was awarded in case 4651430?

Cleaning: $1,610.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,319.05 awarded to landlord; Property Damage: $1,117.20 awarded to landlord; Property Damage: $328.43 awarded to landlord; Property Damage: $1,293.75 awarded to landlord; Property Damage: $402.50 awarded to landlord; Property Damage: $219.00 awarded to landlord; Rent Arrears: $8,350.00 awarded to landlord; Replacing Bathroom Window Frame And…: $1,092.50 awarded to landlord; Replacing Garage Door Motor And Remo…: $489.50 awarded to landlord; Rubbish Removal: $1,282.25 awarded to landlord

What type of tenancy dispute was case 4651430?

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

Where can I read the official tribunal order for case 4651430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10624682-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4651430?

The tribunal order states: Mike Law and Kerry Crabb must pay Harcourts Cooper and Co Ltd $17,524.62

How much money was awarded in case 4651430?

Cleaning: $1,610.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,319.05 awarded to landlord; Property Damage: $1,117.20 awarded to landlord; Property Damage: $328.43 awarded to landlord; Property Damage: $1,293.75 awarded to landlord; Property Damage: $402.50 awarded to landlord; Property Damage: $219.00 awarded to landlord; Rent Arrears: $8,350.00 awarded to landlord; Replacing Bathroom Window Frame And…: $1,092.50 awarded to landlord; Replacing Garage Door Motor And Remo…: $489.50 awarded to landlord; Rubbish Removal: $1,282.25 awarded to landlord

What type of tenancy dispute was case 4651430?

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

Where can I read the official tribunal order for case 4651430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10624682-Tribunal_Order.pdf.

39 Midshipman Court, Gulf Harbour, Whangaparaoa 0930 Tenancy Tribunal Case 4651430 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4651430. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 November 2022	$8,350.00	Rent arrears to 15 November 2022
Rubbish removal	$1,282.25	Rubbish removal
Lawns and garden work	$1,319.05	Lawns and garden work
Cleaning	$1,610.00	Cleaning
General repairs	$1,117.20	General repairs
Replacing bathroom window frame and window	$1,092.50	Replacing bathroom window frame and window
Garage door window repair	$328.43	Garage door window repair
Repairing internal wall damage	$1,293.75	Repairing internal wall damage
Lock/key replacement	$402.50	Lock/key replacement
Replacing garage door motor and remotes - 50	$489.50	Replacing garage door motor and remotes - 50
Repairing blinds	$219.00	Repairing blinds
Filing fee reimbursement	$20.44	Filing fee reimbursement

Debbie McKinnie attended the hearing for the landlord.

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 16 October 2022 pursuant to the landlord’s 90-day notice. However, the tenants did not move out as required. The landlord applied to the Tribunal for a possession order on 28 October 2022, and the Tribunal ordered possession on 14 November 2022.

The tenants still did not move out, so the landlord had to evict the tenants.

The landlord provided rent records that prove the arrears.

The rent arrears are considerable. The landlord was compassionate and patient while still taking steps to recover the arrears. The landlord eventually terminated the tenancy albeit by giving 90 days’ notice rather than applying to the Tribunal. I am satisfied the landlord did not fail to mitigate its loss as required by s 49 of the Residential Tenancies Act 1986 (RTA). 1

Did the tenants 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. 2

The tenant did not leave the premises (including the garden and grounds) reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys at the end of the tenancy. Because an eviction by the bailiffs was necessary, the landlord had to replace the external door locks and keys.

The amounts ordered are proved. 1 See Huang v Ashworth [2024] NZDC 15726. 2 See Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v).

Are the tenants responsible for the damage to the premises?

The landlord submits that during the tenancy the door stops and sets were damaged, the toilet seat went missing, smoke alarms went missing, the lounge skirting boards were damaged, the kitchen cupboard hinges were broken, the letter box was damaged, a shower head and hose were broken, the shower seals were damaged, a bathroom window frame and window were removed, a garage door glass pane was broken, many holes in the walls occurred, the garage door opener motor was broken, and the blinds were damaged.

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. 3

The landlord provided photographs to prove the damage. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The landlord provided invoices that proved the cost of the repairs. The amounts ordered are proved.

I have considered betterment and depreciation. The landlord should be returned to the position they would have been and should not be better or worse off because of the tenants’ breach. The garage door opener was probably about 12 years old. I order the tenants to pay only 50 per cent of the cost of repair to account for betterment and depreciation. Filing fee

The tenants must reimburse the landlords for the filing fee.

Claims and awards in Tenancy Tribunal application 4651430. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 November 2022	$8,350.00	Rent arrears to 15 November 2022
Rubbish removal	$1,282.25	Rubbish removal
Lawns and garden work	$1,319.05	Lawns and garden work
Cleaning	$1,610.00	Cleaning
General repairs	$1,117.20	General repairs
Replacing bathroom window frame and window	$1,092.50	Replacing bathroom window frame and window
Garage door window repair	$328.43	Garage door window repair
Repairing internal wall damage	$1,293.75	Repairing internal wall damage
Lock/key replacement	$402.50	Lock/key replacement
Replacing garage door motor and remotes - 50	$489.50	Replacing garage door motor and remotes - 50
Repairing blinds	$219.00	Repairing blinds
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

Mike Law and Kerry Crabb must pay Harcourts Cooper and Co Ltd $17,524.62 immediately, calculated as shown in table below.

Reasons

Debbie McKinnie attended the hearing for the landlord.
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 16 October 2022 pursuant to the landlord’s 90-day notice. However, the tenants did not move out as required. The landlord applied to the Tribunal for a possession order on 28 October 2022, and the Tribunal ordered possession on 14 November 2022.
The tenants still did not move out, so the landlord had to evict the tenants.
The landlord provided rent records that prove the arrears.
The rent arrears are considerable. The landlord was compassionate and patient while still taking steps to recover the arrears. The landlord eventually terminated the tenancy albeit by giving 90 days’ notice rather than applying to the Tribunal. I am satisfied the landlord did not fail to mitigate its loss as required by s 49 of the Residential Tenancies Act 1986 (RTA). 1

Did the tenants 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. 2
The tenant did not leave the premises (including the garden and grounds) reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys at the end of the tenancy. Because an eviction by the bailiffs was necessary, the landlord had to replace the external door locks and keys.
The amounts ordered are proved. 1 See Huang v Ashworth [2024] NZDC 15726. 2 See Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v).

Are the tenants responsible for the damage to the premises?

The landlord submits that during the tenancy the door stops and sets were damaged, the toilet seat went missing, smoke alarms went missing, the lounge skirting boards were damaged, the kitchen cupboard hinges were broken, the letter box was damaged, a shower head and hose were broken, the shower seals were damaged, a bathroom window frame and window were removed, a garage door glass pane was broken, many holes in the walls occurred, the garage door opener motor was broken, and the blinds were damaged.
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. 3
The landlord provided photographs to prove the damage. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The landlord provided invoices that proved the cost of the repairs. The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been and should not be better or worse off because of the tenants’ breach. The garage door opener was probably about 12 years old. I order the tenants to pay only 50 per cent of the cost of repair to account for betterment and depreciation. Filing fee
The tenants must reimburse the landlords for the filing fee.

Tenancy Tribunal case 4651430 — Rent arrears at 39 Midshipman Court, Gulf Harbour, Whangaparaoa 0930

At a glance

Tenancy Tribunal case 4651430 — Rent arrears at 39 Midshipman Court, Gulf Harbour, Whangaparaoa 0930

At a glance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants 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 tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions