What was the outcome of Tenancy Tribunal case 4714593?

The tribunal order states: Apirana Phillips must pay David & Cecille Russ As Trustees For Tekoa Trust

How much money was awarded in case 4714593?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $60.00 awarded to landlord; Rent Arrears: $5,714.00 awarded to landlord; Curtain Rail: $90.00 awarded to landlord; Rubbish Removal: $120.00 awarded to landlord

What type of tenancy dispute was case 4714593?

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

Where can I read the official tribunal order for case 4714593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9879874-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4714593?

The tribunal order states: Apirana Phillips must pay David & Cecille Russ As Trustees For Tekoa Trust

How much money was awarded in case 4714593?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $60.00 awarded to landlord; Rent Arrears: $5,714.00 awarded to landlord; Curtain Rail: $90.00 awarded to landlord; Rubbish Removal: $120.00 awarded to landlord

What type of tenancy dispute was case 4714593?

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

Where can I read the official tribunal order for case 4714593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9879874-Tenancy_Tribunal_Order.pdf.

3 Spring Street, Foxton, Foxton 4814 Tenancy Tribunal Case 4714593 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

3 Spring Street, Foxton, Foxton 4814 Tenancy Tribunal Case 4714593 — 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 4714593 — net $4,804.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,714.00	Rent arrears
Cleaning	$400.00	Cleaning
Rubbish removal	$120.00	Rubbish removal
Lawns and Garden work	$60.00	Lawns and Garden work
Repairs: curtain rail	$90.00	Repairs: curtain rail
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,804.44
Total payable by Tenant to Landlord	$4,804.44

Claims and awards for application 4714593 — net $4,804.44 NZD. Verify on MoJ.

Rent arrears

Amount: $5,714.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $120.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $60.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: curtain rail

Amount: $90.00
Awarded to: Landlord
Reason: Repairs: curtain rail

Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

Apirana Phillips must pay David & Cecille Russ As Trustees For Tekoa Trust $4,804.44 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,600.00 (3124083-015) to David & Cecille Russ As Trustees For Tekoa Trust immediately. DescriptionLandlord Rent arrears$5,714.00 Cleaning$400.00 Rubbish removal$120.00 Lawns and Garden work$60.00 Repairs: curtain rail$90.00 Filing fee reimbursement$20.44 Total award$6,404.44 Bond$1,600.00 Total payable by Tenant to Landlord$4,804.44

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
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 was a fixed term tenancy ending on 29 January 2024. The landlord gave evidence that the tenant advised the landlord on 10 October 2023 that she had left the tenancy. The landlord advised that he had to clean the property and remove the tenant’s rubbish before finding another tenant.
The landlord provided evidence that a new tenancy started on 9 November 2023. This is the date to which the tenant is responsible for the rent.
The landlord provided rent records which prove the amount owing to 9 November 2023.

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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 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 landlord gave evidence that a curtain rail was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because David & Cecille Russ As Trustees For Tekoa Trust has wholly succeeded with the claim I must 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 4714593 — net $4,804.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,714.00	Rent arrears
Cleaning	$400.00	Cleaning
Rubbish removal	$120.00	Rubbish removal
Lawns and Garden work	$60.00	Lawns and Garden work
Repairs: curtain rail	$90.00	Repairs: curtain rail
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,804.44
Total payable by Tenant to Landlord	$4,804.44

Claims and awards for application 4714593 — net $4,804.44 NZD. Verify on MoJ.

Rent arrears

Amount: $5,714.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $120.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $60.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: curtain rail

Amount: $90.00
Awarded to: Landlord
Reason: Repairs: curtain rail

Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

Apirana Phillips must pay David & Cecille Russ As Trustees For Tekoa Trust $4,804.44 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,600.00 (3124083-015) to David & Cecille Russ As Trustees For Tekoa Trust immediately. DescriptionLandlord Rent arrears$5,714.00 Cleaning$400.00 Rubbish removal$120.00 Lawns and Garden work$60.00 Repairs: curtain rail$90.00 Filing fee reimbursement$20.44 Total award$6,404.44 Bond$1,600.00 Total payable by Tenant to Landlord$4,804.44

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
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 was a fixed term tenancy ending on 29 January 2024. The landlord gave evidence that the tenant advised the landlord on 10 October 2023 that she had left the tenancy. The landlord advised that he had to clean the property and remove the tenant’s rubbish before finding another tenant.
The landlord provided evidence that a new tenancy started on 9 November 2023. This is the date to which the tenant is responsible for the rent.
The landlord provided rent records which prove the amount owing to 9 November 2023.

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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 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 landlord gave evidence that a curtain rail was damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because David & Cecille Russ As Trustees For Tekoa Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4714593 — Rent arrears at 3 Spring Street, Foxton, Foxton 4814

At a glance

Tenancy Tribunal case 4714593 — Rent arrears at 3 Spring Street, Foxton, Foxton 4814

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