What was the outcome of Tenancy Tribunal case 4776781?

The tribunal order states: Tearapo Fenton, Katrina Moka-Paniora and Misty C R M Moka must pay David

How much money was awarded in case 4776781?

Cleaning: $80.00 awarded to landlord; Rent Arrears: $6,565.00 awarded to landlord; Property Damage: $670.00 awarded to landlord; Cat Flap: $242.00 awarded to landlord; Pantry Door: $165.00 awarded to landlord; Windows: $867.00 awarded to landlord

What type of tenancy dispute was case 4776781?

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

Where can I read the official tribunal order for case 4776781?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9973314-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4776781?

The tribunal order states: Tearapo Fenton, Katrina Moka-Paniora and Misty C R M Moka must pay David

How much money was awarded in case 4776781?

Cleaning: $80.00 awarded to landlord; Rent Arrears: $6,565.00 awarded to landlord; Property Damage: $670.00 awarded to landlord; Cat Flap: $242.00 awarded to landlord; Pantry Door: $165.00 awarded to landlord; Windows: $867.00 awarded to landlord

What type of tenancy dispute was case 4776781?

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

Where can I read the official tribunal order for case 4776781?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9973314-Tenancy_Tribunal_Order.pdf.

97 Streamlands Swamp Road, Kaipara Flats, RD 1, Tenancy Tribunal Case 4776781 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4776781 — net $3,789.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,565.00	Rent arrears
Repairs: Windows	$867.00	Repairs: Windows
Repairs :Holes in walls	$670.00	Repairs :Holes in walls
Repairs: Pantry door	$165.00	Repairs: Pantry door
Repairs: Cat flap	$242.00	Repairs: Cat flap
Cleaning	$80.00	Cleaning
Net award	$3,789.00
Total payable by Tenant to Landlord	$3,789.00

Tearapo Fenton, Katrina Moka-Paniora and Misty C R M Moka must pay David Harvey As The Trustee For The Harvey Trust $3,789.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $4,800.00 (5127918-005) to David Harvey As The Trustee For The Harvey Trust immediately.

Reasons

Both parties attended the hearing.

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

How much is owed for rent?

The tenancy ended on 4 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $6,565.00.

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 says that the tenants did not leave the premises reasonably clean and tidy. The landlord has agreed with the new tenants to allow those tenants to complete the cleaning in return for one weeks free rent, which is the equivalent of $1,250.00.

Normally, I would expect the landlord to provide evidence of the condition of the property and an invoice from the cleaners.

The tenant evidence was that they accepted that some further cleaning by the landlord would have been required after they left. They thought the equivalent of two hours. Given the lack of supporting evidence from the landlord, I order the tenants to pay the equivalent of two hours cleaning which I estimate to be $80.00.

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. The landlord is insured. The excess on each claim under that policy is $1,000.00.

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: Broken windows ($867.00) Holes in walls ($670.00) Repair pantry door ($165,00) Cat door flap ($242.00) The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord also applied for compensation for replacement of shower traps. The landlord said that they had been removed. The tenants disputed this. The job of proving the claim falls on the landlord. The evidence placed before me does not put me in a position where I consider it more likely than not, that the shower traps had been removed. The landlord application for compensation is dismissed.

Claims and awards in Tenancy Tribunal application 4776781 — net $3,789.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,565.00	Rent arrears
Repairs: Windows	$867.00	Repairs: Windows
Repairs :Holes in walls	$670.00	Repairs :Holes in walls
Repairs: Pantry door	$165.00	Repairs: Pantry door
Repairs: Cat flap	$242.00	Repairs: Cat flap
Cleaning	$80.00	Cleaning
Net award	$3,789.00
Total payable by Tenant to Landlord	$3,789.00

Order

Tearapo Fenton, Katrina Moka-Paniora and Misty C R M Moka must pay David Harvey As The Trustee For The Harvey Trust $3,789.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,800.00 (5127918-005) to David Harvey As The Trustee For The Harvey Trust immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and refund of the bond, following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 4 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $6,565.00.

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 says that the tenants did not leave the premises reasonably clean and tidy. The landlord has agreed with the new tenants to allow those tenants to complete the cleaning in return for one weeks free rent, which is the equivalent of $1,250.00.
Normally, I would expect the landlord to provide evidence of the condition of the property and an invoice from the cleaners.
The tenant evidence was that they accepted that some further cleaning by the landlord would have been required after they left. They thought the equivalent of two hours. Given the lack of supporting evidence from the landlord, I order the tenants to pay the equivalent of two hours cleaning which I estimate to be $80.00.

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. The landlord is insured. The excess on each claim under that policy is $1,000.00.
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: Broken windows ($867.00) Holes in walls ($670.00) Repair pantry door ($165,00) Cat door flap ($242.00) The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord also applied for compensation for replacement of shower traps. The landlord said that they had been removed. The tenants disputed this. The job of proving the claim falls on the landlord. The evidence placed before me does not put me in a position where I consider it more likely than not, that the shower traps had been removed. The landlord application for compensation is dismissed.

Tenancy Tribunal case 4776781 — Rent arrears at 97 Streamlands Swamp Road, Kaipara Flats, RD 1,

At a glance

Tenancy Tribunal case 4776781 — Rent arrears at 97 Streamlands Swamp Road, Kaipara Flats, RD 1,

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