How much money was awarded in case 4744813?

Cleaning: $280.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,728.57 awarded to landlord; Shower Head: $213.88 awarded to landlord; Stove Top: $500.00 awarded to landlord

What type of tenancy dispute was case 4744813?

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

Where can I read the official tribunal order for case 4744813?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10042848-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4744813?

Cleaning: $280.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,728.57 awarded to landlord; Shower Head: $213.88 awarded to landlord; Stove Top: $500.00 awarded to landlord

What type of tenancy dispute was case 4744813?

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

Where can I read the official tribunal order for case 4744813?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10042848-Tenancy_Tribunal_Order.pdf.

44A Jones Street, Whanganui East, Whanganui 4500 Tenancy Tribunal Case 4744813 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4744813?

The tribunal order states: Shaynee Leach must pay Inspire Real Estate $2,742.89 immediately, calculated

Order

Claims and awards in Tenancy Tribunal application 4744813 — net $2,742.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,728.57	Rent arrears
Cleaning	$280.00	Cleaning
Repairs: shower head	$213.88	Repairs: shower head
Repairs: stove top	$500.00	Repairs: stove top
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,742.89
Total payable by Tenant to Landlord	$2,742.89

Shaynee Leach must pay Inspire Real Estate $2,742.89 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,728.57 Cleaning$280.00 Repairs: shower head$213.88 Repairs: stove top$500.00 Filing fee reimbursement$20.44 Total award$2,742.89 Total payable by Tenant to Landlord$2,742.89

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

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 tenant gave notice by text on 8 October 2023. The landlord accepted that the tenancy ended on 2 November 2023 being just less than the expiry of the 28 days’ notice required. 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. 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.

The amount ordered is 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 provided photographic evidence that the shower head and the stove top were damaged during the tenancy and required replacement.

The damage is more than fair wear and tear and the tenant has not disproved liability for the damage. The damage was careless. The tenant’s liability is therefore limited to the landlord’s insurance excess of $650.00.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy as advised by the landlord and their likely useful lifespan suing the Inland Revenue Department’s schedule of depreciation.

Because Inspire Real Estate has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4744813 — net $2,742.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,728.57	Rent arrears
Cleaning	$280.00	Cleaning
Repairs: shower head	$213.88	Repairs: shower head
Repairs: stove top	$500.00	Repairs: stove top
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,742.89
Total payable by Tenant to Landlord	$2,742.89

Order

Shaynee Leach must pay Inspire Real Estate $2,742.89 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,728.57 Cleaning$280.00 Repairs: shower head$213.88 Repairs: stove top$500.00 Filing fee reimbursement$20.44 Total award$2,742.89 Total payable by Tenant to Landlord$2,742.89

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
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 tenant gave notice by text on 8 October 2023. The landlord accepted that the tenancy ended on 2 November 2023 being just less than the expiry of the 28 days’ notice required. 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. 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.
The amount ordered is 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 provided photographic evidence that the shower head and the stove top were damaged during the tenancy and required replacement.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage. The damage was careless. The tenant’s liability is therefore limited to the landlord’s insurance excess of $650.00.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy as advised by the landlord and their likely useful lifespan suing the Inland Revenue Department’s schedule of depreciation.
Because Inspire Real Estate has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4744813 — Rent arrears at 44A Jones Street, Whanganui East, Whanganui 4500

At a glance

Tenancy Tribunal case 4744813 — Rent arrears at 44A Jones Street, Whanganui East, Whanganui 4500

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

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

Frequently asked questions