What was the outcome of Tenancy Tribunal case 4739031?

The tribunal order states: Joshua Anderson must pay Online Rentals Limited $394.17 immediately,

How much money was awarded in case 4739031?

Cleaning: $366.05 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,012.43 awarded to landlord; Replace Broken Basin: $155.25 awarded to landlord

What type of tenancy dispute was case 4739031?

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

Where can I read the official tribunal order for case 4739031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10216787-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4739031?

The tribunal order states: Joshua Anderson must pay Online Rentals Limited $394.17 immediately,

How much money was awarded in case 4739031?

Cleaning: $366.05 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,012.43 awarded to landlord; Replace Broken Basin: $155.25 awarded to landlord

What type of tenancy dispute was case 4739031?

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

Where can I read the official tribunal order for case 4739031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10216787-Tenancy_Tribunal_Order.pdf.

Room B, Unit/Flat 5, 44 May Street, Hamilton East, Tenancy Tribunal Case 4739031 — Rent arrears

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Room B, Unit/Flat 5, 44 May Street, Hamilton East, Tenancy Tribunal Case 4739031 — 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 4739031 — net $394.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 October 2023	$1,012.43	Rent arrears to 12 October 2023
Reinstall wardrobe doors, clean carpet, repair wall	$366.05	Reinstall wardrobe doors, clean carpet, repair wall
Repairs: replace broken basin	$155.25	Repairs: replace broken basin
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$394.17
Total payable by Tenant to Landlord	$394.17

Claims and awards for application 4739031 — net $394.17 NZD. Verify on MoJ.

Rent arrears to 12 October 2023

Amount: $1,012.43
Awarded to: Landlord
Reason: Rent arrears to 12 October 2023

Reinstall wardrobe doors, clean carpet, repair wall

Amount: $366.05
Awarded to: Landlord
Reason: Reinstall wardrobe doors, clean carpet, repair wall

Repairs: replace broken basin

Amount: $155.25
Awarded to: Landlord
Reason: Repairs: replace broken basin

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $394.17

Total payable by Tenant to Landlord

Landlord $394.17

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage

Order

Joshua Anderson must pay Online Rentals Limited $394.17 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,160.00 (6465233-004) to Online Rentals Limited 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.

How much is owed for rent?

The tenancy ended on 12 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 (RTA).
There were stains on the carpet which required cleaning.
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.
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:
Wardrobe Doors: The tenant removed the wardrobe doors, which needed to be reinstalled at the end of the tenancy. This is intentional damage.
Damage to wall: A wall was damaged during the tenancy. The damage is in keeping with an object, such as furniture, being scrapped along the wall. I consider the damage is carelessly caused.
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 the landlord 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 4739031 — net $394.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 October 2023	$1,012.43	Rent arrears to 12 October 2023
Reinstall wardrobe doors, clean carpet, repair wall	$366.05	Reinstall wardrobe doors, clean carpet, repair wall
Repairs: replace broken basin	$155.25	Repairs: replace broken basin
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$394.17
Total payable by Tenant to Landlord	$394.17

Claims and awards for application 4739031 — net $394.17 NZD. Verify on MoJ.

Rent arrears to 12 October 2023

Amount: $1,012.43
Awarded to: Landlord
Reason: Rent arrears to 12 October 2023

Reinstall wardrobe doors, clean carpet, repair wall

Amount: $366.05
Awarded to: Landlord
Reason: Reinstall wardrobe doors, clean carpet, repair wall

Repairs: replace broken basin

Amount: $155.25
Awarded to: Landlord
Reason: Repairs: replace broken basin

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $394.17

Total payable by Tenant to Landlord

Landlord $394.17

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage

Order

Joshua Anderson must pay Online Rentals Limited $394.17 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,160.00 (6465233-004) to Online Rentals Limited 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.

How much is owed for rent?

The tenancy ended on 12 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 (RTA).
There were stains on the carpet which required cleaning.
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.
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:
Wardrobe Doors: The tenant removed the wardrobe doors, which needed to be reinstalled at the end of the tenancy. This is intentional damage.
Damage to wall: A wall was damaged during the tenancy. The damage is in keeping with an object, such as furniture, being scrapped along the wall. I consider the damage is carelessly caused.
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 the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4739031 — Rent arrears at Room B, Unit/Flat 5, 44 May Street, Hamilton East,

At a glance

Tenancy Tribunal case 4739031 — Rent arrears at Room B, Unit/Flat 5, 44 May Street, Hamilton East,

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