What was the outcome of Tenancy Tribunal case 4671009?

The tribunal order states: Alice Nathan and Tiakiomana Matiu must pay Lodge City Rentals Limited As

How much money was awarded in case 4671009?

Cleaning: $426.65 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,470.00 awarded to landlord; Property Damage: $2,300.00 awarded to landlord; Wardrobe Handle: $65.00 awarded to landlord; Replace Furnishings: Gate Remote: $85.20 awarded to landlord; Replace Furnishings: Knives: $16.00 awarded to landlord

What type of tenancy dispute was case 4671009?

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

Where can I read the official tribunal order for case 4671009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10000327-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4671009?

The tribunal order states: Alice Nathan and Tiakiomana Matiu must pay Lodge City Rentals Limited As

How much money was awarded in case 4671009?

Cleaning: $426.65 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,470.00 awarded to landlord; Property Damage: $2,300.00 awarded to landlord; Wardrobe Handle: $65.00 awarded to landlord; Replace Furnishings: Gate Remote: $85.20 awarded to landlord; Replace Furnishings: Knives: $16.00 awarded to landlord

What type of tenancy dispute was case 4671009?

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

Where can I read the official tribunal order for case 4671009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10000327-Tenancy_Tribunal_Order.pdf.

Room D, Unit/Flat 1, 11 Ingram Street, Papakura, Papakura Tenancy Tribunal Case 4671009 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4671009 — net $6,383.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,470.00	Rent arrears
Repairs: Door and wall damage	$2,300.00	Repairs: Door and wall damage
Repairs: Wardrobe handle	$65.00	Repairs: Wardrobe handle
Replace furnishings: Knives	$16.00	Replace furnishings: Knives
Cleaning	$426.65	Cleaning
Replace furnishings: Gate remote	$85.20	Replace furnishings: Gate remote
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,383.29
Total payable by Tenant to Landlord	$6,383.29

The landlord attended the hearing. The Tenant did not answer the phone calls made to their telephone number which they provided the Tribunal.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent arrears?

The tenancy ended on 31 August 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photographs from the outgoing inspection report and an invoice for the cleaning was provided.

The tenant did not return the gate remote. An invoice was provided for the replacement remote.

The Tenant removed the knife set from the property. A receipt was provided to substantiate the replacement knives.

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: Door, wall and wardrobe handle damage.

During the tenancy, the Tenant kicked the door which resulted in damage to the door frame and wall as well. The Landlord submitted the neighbours witnessed this and it was reported to the Police. Photographs of the damage, entry and exit inspection report, a police report and an invoice to repair was provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The wardrobe handle was also damaged and this was discovered at the end of the tenancy. Entry and exit inspection reports and an invoice for the repair was provided. The damage is more than fair wear and tear and the Tenant has not disproved liability for the damage.

The amounts ordered are proved.

As Lodge City Rentals Limited As Agent For Bentley Studios Ltd - Ingram has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4671009 — net $6,383.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,470.00	Rent arrears
Repairs: Door and wall damage	$2,300.00	Repairs: Door and wall damage
Repairs: Wardrobe handle	$65.00	Repairs: Wardrobe handle
Replace furnishings: Knives	$16.00	Replace furnishings: Knives
Cleaning	$426.65	Cleaning
Replace furnishings: Gate remote	$85.20	Replace furnishings: Gate remote
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,383.29
Total payable by Tenant to Landlord	$6,383.29

Order

Alice Nathan and Tiakiomana Matiu must pay Lodge City Rentals Limited As Agent For Bentley Studios Ltd - Ingram $6,383.29 immediately, being rent arrears to 31 August 2023.

Reasons

The landlord attended the hearing. The Tenant did not answer the phone calls made to their telephone number which they provided the Tribunal.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent arrears?

The tenancy ended on 31 August 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photographs from the outgoing inspection report and an invoice for the cleaning was provided.
The tenant did not return the gate remote. An invoice was provided for the replacement remote.
The Tenant removed the knife set from the property. A receipt was provided to substantiate the replacement knives.
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: Door, wall and wardrobe handle damage.
During the tenancy, the Tenant kicked the door which resulted in damage to the door frame and wall as well. The Landlord submitted the neighbours witnessed this and it was reported to the Police. Photographs of the damage, entry and exit inspection report, a police report and an invoice to repair was provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The wardrobe handle was also damaged and this was discovered at the end of the tenancy. Entry and exit inspection reports and an invoice for the repair was provided. The damage is more than fair wear and tear and the Tenant has not disproved liability for the damage.
The amounts ordered are proved.
As Lodge City Rentals Limited As Agent For Bentley Studios Ltd - Ingram has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4671009 — Rent arrears at Room D, Unit/Flat 1, 11 Ingram Street, Papakura, Papakura

At a glance

Tenancy Tribunal case 4671009 — Rent arrears at Room D, Unit/Flat 1, 11 Ingram Street, Papakura, Papakura

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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 arrears?

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