What was the outcome of Tenancy Tribunal case 4778380?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4778380?

Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Rent Arrears: $3,457.14 awarded to landlord; Wall 50: $287.50 awarded to landlord; Rubbish Removal: $99.75 awarded to landlord; Water Rates: $498.95 awarded to landlord

What type of tenancy dispute was case 4778380?

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

Where can I read the official tribunal order for case 4778380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11319243-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4778380?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4778380?

Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Rent Arrears: $3,457.14 awarded to landlord; Wall 50: $287.50 awarded to landlord; Rubbish Removal: $99.75 awarded to landlord; Water Rates: $498.95 awarded to landlord

What type of tenancy dispute was case 4778380?

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

Where can I read the official tribunal order for case 4778380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11319243-Tribunal_Order.pdf.

1 Hawkes Street, Onerahi, Whangarei 0110 Tenancy Tribunal Case 4778380 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

1 Hawkes Street, Onerahi, Whangarei 0110 Tenancy Tribunal Case 4778380 — 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 4778380 — net $3,323.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,457.14	Rent arrears
Water rates	$498.95	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$450.00	Cleaning
Lawns and Garden work: reinstate grass after pool	$150.00	Lawns and Garden work: reinstate grass after pool
Rubbish removal: half - as carpet included in this cost	$99.75	Rubbish removal: half - as carpet included in this cost
Repairs: wall 50	$287.50	Repairs: wall 50
Net award	$3,323.78
Total payable by Tenant to Landlord	$3,323.78

Claims and awards for application 4778380 — net $3,323.78 NZD. Verify on MoJ.

Rent arrears

Amount: $3,457.14
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $498.95
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Cleaning

Amount: $450.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work: reinstate grass after pool

Amount: $150.00
Awarded to: Landlord
Reason: Lawns and Garden work: reinstate grass after pool

Claim types — money lines allowed on this order

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Tania Frances Raven must pay Eren Limited T/A: Eves Whangarei $3,323.78 immediately, being rent arrears to 7 December 2023, damages, cleaning, rubbish removal and filing fee, as calculated, and set out below: DescriptionLandlord Rent arrears$3,457.14 Water rates$498.95 Filing fee reimbursement$20.44 Cleaning$450.00 Lawns and Garden work: reinstate grass after pool$150.00 Rubbish removal: half - as carpet included in this cost$99.75 Repairs: wall 50%$287.50 Total award$4,963.78 Minus Bond-$1,640.00 Total payable by Tenant to Landlord$3,323.78
The bond of $1,640.00 has already been paid to Eren Limited T/A: Eves Whangarei.
I am not awarding any costs or insurance excess relating to the damage to the carpet.

Reasons

Both parties attended 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 and water rates?

The tenancy ended on 7 December 2023. The landlord provided rent records and water rates invoices which prove the amount of $3457.14 in rent arrears and $498.95 in water bills owing at the end of the tenancy.
The tenant initially disputed the amount of rent arrears but accepted that she could not prove the rent schedule was incorrect. The tenant does not dispute the water bills.
I am satisfied that the landlord has proven their claim for rent arrears and water bills.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided the Tribunal with some pre let inspection photos and exit inspection photos. In addition, the landlord provided invoices for the cost of the cleaning and lawn restoration.
The tenant accepts that she had not been able to clean the property to her usual standard given the circumstances she was in at the time of relocating her home. The tenant does not dispute the cost of $450.00 in cleaning costs and $150.00 to reinstate the lawn.
The landlord sought $199.50 for the cost of dumping rubbish, most of the rubbish was the carpet that was replaced. I am not satisfied that the tenant should have to pay for the cost of disposing of the carpet. However, I am awarding the landlord for the cost of removing other rubbish left at the property. I am awarding 50% of the cost of the rubbish removal. The landlord is awarded $99.75 for the cost of the rubbish removal.
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: -Damage to the carpet. -Damage to the walls and doors with scribbling and marks on the walls.
The landlord provided photos of the pre let inspection and the exit inspection. The exit photos show very badly worn, threadbare and shredded carpet. The landlord claims that the carpet smelt very bad from the tenant’s pet being inside and urinating in the house.
In a previous hearing the landlord said, and it was accepted in this hearing, that the carpets were at least 15 years old. I accept that the carpet may have smelt bad, and the tenant confirmed her cat had been accidentally locked in the house for about a week.
I am aware that the landlord was seeking the insurance excess of $900.00 for replacing the carpet. The landlord has replaced the carpet and completed a full renovation the property. The renovated property has now been sold.
However, there is no value in a threadbare 15-year-old carpet and therefore I cannot award any compensation for damage to the carpet. The Inland Revenue General Depreciation rates for residential rental property chattels sets out carpet as having a useful life span of approximately 8 years.
The damage to the carpet maybe more than fair wear and tear, and the tenant has not disproved liability for the damage, however the age of the carpet renders the carpet as having no value. Therefore, I do not consider it reasonable that the tenant must pay the insurance excess of $900.00.
I am dismissing the landlord claim for the insurance excess for the replacement carpet.
The landlord seeks to claim for some minor damage to a wall and scribbling inside a wardrobe. The landlord renovated the interior of the property. I consider that the property was showing signs of a lack of upkeep with comments in the pre let inspection referring to old peeling wallpaper.
I find that the tenant has caused some damage to the walls and should pay something towards the cost of that damage. The tenant does not dispute that her child scribbled on wardrobe doors and that there were some dents to the walls.
The landlord seeks $575.00 for the cost of the wall damage. I cannot justify the tenant paying the full cost of the repairs. The landlord was doing a renovation to sell the property. The property is old, and the walls and interior were dated.
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 and their likely useful lifespan.
I am awarding the landlord 50% of the cost of the wall repairs. The landlord is awarded $287.50.
The landlord has already received the bond to be used to offset the costs of the debt owed by the tenant to the landlord.
Because Eren Limited T/A: Eves Whangarei has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has applied for suppression of their names and identifying details and as they have been largely successful, I will grant suppression of their names and details.

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 4778380 — net $3,323.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,457.14	Rent arrears
Water rates	$498.95	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$450.00	Cleaning
Lawns and Garden work: reinstate grass after pool	$150.00	Lawns and Garden work: reinstate grass after pool
Rubbish removal: half - as carpet included in this cost	$99.75	Rubbish removal: half - as carpet included in this cost
Repairs: wall 50	$287.50	Repairs: wall 50
Net award	$3,323.78
Total payable by Tenant to Landlord	$3,323.78

Claims and awards for application 4778380 — net $3,323.78 NZD. Verify on MoJ.

Rent arrears

Amount: $3,457.14
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $498.95
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

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

Cleaning

Amount: $450.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work: reinstate grass after pool

Amount: $150.00
Awarded to: Landlord
Reason: Lawns and Garden work: reinstate grass after pool

Claim types — money lines allowed on this order

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Tania Frances Raven must pay Eren Limited T/A: Eves Whangarei $3,323.78 immediately, being rent arrears to 7 December 2023, damages, cleaning, rubbish removal and filing fee, as calculated, and set out below: DescriptionLandlord Rent arrears$3,457.14 Water rates$498.95 Filing fee reimbursement$20.44 Cleaning$450.00 Lawns and Garden work: reinstate grass after pool$150.00 Rubbish removal: half - as carpet included in this cost$99.75 Repairs: wall 50%$287.50 Total award$4,963.78 Minus Bond-$1,640.00 Total payable by Tenant to Landlord$3,323.78
The bond of $1,640.00 has already been paid to Eren Limited T/A: Eves Whangarei.
I am not awarding any costs or insurance excess relating to the damage to the carpet.

Reasons

Both parties attended 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 and water rates?

The tenancy ended on 7 December 2023. The landlord provided rent records and water rates invoices which prove the amount of $3457.14 in rent arrears and $498.95 in water bills owing at the end of the tenancy.
The tenant initially disputed the amount of rent arrears but accepted that she could not prove the rent schedule was incorrect. The tenant does not dispute the water bills.
I am satisfied that the landlord has proven their claim for rent arrears and water bills.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided the Tribunal with some pre let inspection photos and exit inspection photos. In addition, the landlord provided invoices for the cost of the cleaning and lawn restoration.
The tenant accepts that she had not been able to clean the property to her usual standard given the circumstances she was in at the time of relocating her home. The tenant does not dispute the cost of $450.00 in cleaning costs and $150.00 to reinstate the lawn.
The landlord sought $199.50 for the cost of dumping rubbish, most of the rubbish was the carpet that was replaced. I am not satisfied that the tenant should have to pay for the cost of disposing of the carpet. However, I am awarding the landlord for the cost of removing other rubbish left at the property. I am awarding 50% of the cost of the rubbish removal. The landlord is awarded $99.75 for the cost of the rubbish removal.
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: -Damage to the carpet. -Damage to the walls and doors with scribbling and marks on the walls.
The landlord provided photos of the pre let inspection and the exit inspection. The exit photos show very badly worn, threadbare and shredded carpet. The landlord claims that the carpet smelt very bad from the tenant’s pet being inside and urinating in the house.
In a previous hearing the landlord said, and it was accepted in this hearing, that the carpets were at least 15 years old. I accept that the carpet may have smelt bad, and the tenant confirmed her cat had been accidentally locked in the house for about a week.
I am aware that the landlord was seeking the insurance excess of $900.00 for replacing the carpet. The landlord has replaced the carpet and completed a full renovation the property. The renovated property has now been sold.
However, there is no value in a threadbare 15-year-old carpet and therefore I cannot award any compensation for damage to the carpet. The Inland Revenue General Depreciation rates for residential rental property chattels sets out carpet as having a useful life span of approximately 8 years.
The damage to the carpet maybe more than fair wear and tear, and the tenant has not disproved liability for the damage, however the age of the carpet renders the carpet as having no value. Therefore, I do not consider it reasonable that the tenant must pay the insurance excess of $900.00.
I am dismissing the landlord claim for the insurance excess for the replacement carpet.
The landlord seeks to claim for some minor damage to a wall and scribbling inside a wardrobe. The landlord renovated the interior of the property. I consider that the property was showing signs of a lack of upkeep with comments in the pre let inspection referring to old peeling wallpaper.
I find that the tenant has caused some damage to the walls and should pay something towards the cost of that damage. The tenant does not dispute that her child scribbled on wardrobe doors and that there were some dents to the walls.
The landlord seeks $575.00 for the cost of the wall damage. I cannot justify the tenant paying the full cost of the repairs. The landlord was doing a renovation to sell the property. The property is old, and the walls and interior were dated.
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 and their likely useful lifespan.
I am awarding the landlord 50% of the cost of the wall repairs. The landlord is awarded $287.50.
The landlord has already received the bond to be used to offset the costs of the debt owed by the tenant to the landlord.
Because Eren Limited T/A: Eves Whangarei has wholly succeeded with the claim I must reimburse the filing fee.
The landlord has applied for suppression of their names and identifying details and as they have been largely successful, I will grant suppression of their names and details.

Tenancy Tribunal case 4778380 — Rent arrears at 1 Hawkes Street, Onerahi, Whangarei 0110

At a glance

Tenancy Tribunal case 4778380 — Rent arrears at 1 Hawkes Street, Onerahi, Whangarei 0110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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