What was the outcome of Tenancy Tribunal case 4690909?

The tribunal order states: Philly-Renee Wimutu must pay Mills Gibbon And Co Limited As Agent For

How much money was awarded in case 4690909?

Filing Fee: $20.44 awarded to landlord; Property Damage: $115.00 awarded to landlord; Property Damage: $1,889.80 awarded to landlord; Rent Arrears: $2,689.28 awarded to landlord; Rubbish Removal: $1,458.46 awarded to landlord

What type of tenancy dispute was case 4690909?

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

Where can I read the official tribunal order for case 4690909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9877098-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4690909?

The tribunal order states: Philly-Renee Wimutu must pay Mills Gibbon And Co Limited As Agent For

How much money was awarded in case 4690909?

Filing Fee: $20.44 awarded to landlord; Property Damage: $115.00 awarded to landlord; Property Damage: $1,889.80 awarded to landlord; Rent Arrears: $2,689.28 awarded to landlord; Rubbish Removal: $1,458.46 awarded to landlord

What type of tenancy dispute was case 4690909?

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

Where can I read the official tribunal order for case 4690909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9877098-Tenancy_Tribunal_Order.pdf.

9 Browne Street, Kawerau, Kawerau 3127 Tenancy Tribunal Case 4690909 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4690909 — net $3,972.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 October 2023	$2,689.28	Rent arrears to 9 October 2023
Boarding up damaged back door	$115.00	Boarding up damaged back door
Cleaning, rubbish removal, carpet & rugs cleaning	$1,458.46	Cleaning, rubbish removal, carpet & rugs cleaning
Back door repair, replace broken window latch, repair scratched walls	$1,889.80	Back door repair, replace broken window latch, repair scratched walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,972.98
Total payable by Tenant to Landlord	$3,972.98

The hearing was held by teleconference. The agent for the landlord attended. The tenant did not attend. The tenant was contacted twice on the contact number provided in the application but without success.

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?

The tenancy ended on 9 October 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 landlord has proved with evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys.

The landlord relied on the entry and exit property inspection reports, photographs, and invoices.

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: the back door and frame were significantly damaged, the window latch was broken and the walls were scratched. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation. Depreciation does not apply here as the premises were fully redecorated at the start.

As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4690909 — net $3,972.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 October 2023	$2,689.28	Rent arrears to 9 October 2023
Boarding up damaged back door	$115.00	Boarding up damaged back door
Cleaning, rubbish removal, carpet & rugs cleaning	$1,458.46	Cleaning, rubbish removal, carpet & rugs cleaning
Back door repair, replace broken window latch, repair scratched walls	$1,889.80	Back door repair, replace broken window latch, repair scratched walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,972.98
Total payable by Tenant to Landlord	$3,972.98

Order

Philly-Renee Wimutu must pay Mills Gibbon And Co Limited As Agent For Moksha Trading Ltd $3,972.98 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,200.00 (3039647-008) to Mills Gibbon And Co Limited As Agent For Moksha Trading Ltd immediately.

Reasons

The hearing was held by teleconference. The agent for the landlord attended. The tenant did not attend. The tenant was contacted twice on the contact number provided in the application but without success.
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?

The tenancy ended on 9 October 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 landlord has proved with evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys.
The landlord relied on the entry and exit property inspection reports, photographs, and invoices.
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: the back door and frame were significantly damaged, the window latch was broken and the walls were scratched. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. Depreciation does not apply here as the premises were fully redecorated at the start.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee.

Tenancy Tribunal case 4690909 — Rent arrears at 9 Browne Street, Kawerau, Kawerau 3127

At a glance

Tenancy Tribunal case 4690909 — Rent arrears at 9 Browne Street, Kawerau, Kawerau 3127

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