What was the outcome of Tenancy Tribunal case 4778847?

The tribunal order states: Alex Matekitawhiti Ashford must pay C&J Property Management As Agent For

How much money was awarded in case 4778847?

Cleaning: $75.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Missing Chattels: $120.75 awarded to landlord; Power Bills: $215.72 awarded to landlord; Property Damage: $411.70 awarded to landlord; Rent Arrears: $68.93 awarded to landlord

What type of tenancy dispute was case 4778847?

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

Where can I read the official tribunal order for case 4778847?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10376923-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4778847?

The tribunal order states: Alex Matekitawhiti Ashford must pay C&J Property Management As Agent For

How much money was awarded in case 4778847?

Cleaning: $75.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Missing Chattels: $120.75 awarded to landlord; Power Bills: $215.72 awarded to landlord; Property Damage: $411.70 awarded to landlord; Rent Arrears: $68.93 awarded to landlord

What type of tenancy dispute was case 4778847?

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

Where can I read the official tribunal order for case 4778847?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10376923-Tribunal_Order.pdf.

93B Walker Road, Tirohanga, RD 1, Opotiki 3197, Dura Tenancy Tribunal Case 4778847 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4778847 — net $912.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 December 2023	$68.93	Rent arrears to 19 December 2023
Cleaning	$75.00	Cleaning
Missing chattels	$120.75	Missing chattels
Internal doors x 2 repairs	$411.70	Internal doors x 2 repairs
Power bills	$215.72	Power bills
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$912.54
Total payable by Tenant to Landlord	$912.54

The landlord attended the hearing.

The landlord has applied for rent arrears, power bills, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and power bills?

The tenancy ended on 19 December 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

The landlord has claimed $720.50 for power charges. This includes fixed daily charges of $427.50. The landlord has also increased the daily rate from 18.38 per kWh shown on the power bill to 20.00 kWh.

By virtue of section 39 of the Residential Tenancies Act 1986 (RTA), tenants are responsible for all outgoings in respect of the premises that are exclusively attributable to the tenants’ occupation of the premises or the tenants’ use of the facilities, including electricity. Therefore, the intention of the Act is clear that tenants are only liable for power they actually use.

Accordingly, the tenant is not liable for the fixed daily charges.

I award $215.72 which is the balance calculated out at 18.38 per kWH and the fixed charges have been removed.

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 oven and some small areas reasonably clean and tidy. I award the $75.00 claimed.

The following chattels were missing at the end of the tenancy: smoke alarm batteries, plug, shower curtain and 2 sets of drapes. I award $120.75 as fair, reasonable, and proportionate compensation to replace the items.

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 following damage was caused during the tenancy: holes in 2 internal doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because C&J Property Management As Agent For Breezemere Farms Limited has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4778847 — net $912.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 December 2023	$68.93	Rent arrears to 19 December 2023
Cleaning	$75.00	Cleaning
Missing chattels	$120.75	Missing chattels
Internal doors x 2 repairs	$411.70	Internal doors x 2 repairs
Power bills	$215.72	Power bills
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$912.54
Total payable by Tenant to Landlord	$912.54

Order

Alex Matekitawhiti Ashford must pay C&J Property Management As Agent For Breezemere Farms Limited $912.54 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears, power bills, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and power bills?

The tenancy ended on 19 December 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord has claimed $720.50 for power charges. This includes fixed daily charges of $427.50. The landlord has also increased the daily rate from 18.38 per kWh shown on the power bill to 20.00 kWh.
By virtue of section 39 of the Residential Tenancies Act 1986 (RTA), tenants are responsible for all outgoings in respect of the premises that are exclusively attributable to the tenants’ occupation of the premises or the tenants’ use of the facilities, including electricity. Therefore, the intention of the Act is clear that tenants are only liable for power they actually use.
Accordingly, the tenant is not liable for the fixed daily charges.
I award $215.72 which is the balance calculated out at 18.38 per kWH and the fixed charges have been removed.

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 oven and some small areas reasonably clean and tidy. I award the $75.00 claimed.
The following chattels were missing at the end of the tenancy: smoke alarm batteries, plug, shower curtain and 2 sets of drapes. I award $120.75 as fair, reasonable, and proportionate compensation to replace the items.
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 following damage was caused during the tenancy: holes in 2 internal doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because C&J Property Management As Agent For Breezemere Farms Limited has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4778847 — Property damage at 93B Walker Road, Tirohanga, RD 1, Opotiki 3197, Dura

At a glance

Tenancy Tribunal case 4778847 — Property damage at 93B Walker Road, Tirohanga, RD 1, Opotiki 3197, Dura

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and power bills?

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 power bills?

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