How much money was awarded in case 4889741?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4889741?

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

Where can I read the official tribunal order for case 4889741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10919945-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4889741?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4889741?

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

Where can I read the official tribunal order for case 4889741?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10919945-Tenancy_Tribunal_Order.pdf.

56 Clyde Street, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 4889741 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4889741?

The tribunal order states: 2. If either party intends to produce any additional documents at the next hearing,

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

If either party intends to produce any additional documents at the next hearing, they must send two copies to the Tribunal at least [number] days after the date of this order.

If the respondent also has a claim they want dealt with at the next hearing, they must file their application with Tenancy Services within [number] days of this order and refer to the current application number.

The hearing is adjourned.

A further [insert amount of time] should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date.

Reasons

The Landlord attended the hearing.

Following the last hearing, I terminated the tenancy and then adjourned the balance of the Landlord’s application – compensation claims – to give the Tenant an opportunity to respond to them, given the concerns I had identified; namely, that the Tenant had abandoned the premises and was responsible for damage, despite someone else living at the premises. I also required further evidence as to the condition of the premises at the commencement and end of the tenancy, which the Landlord has now filed.

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 terminated the tenancy on the basis of the Tenant’s rent arrears. I was not convinced the Landlord’s evidence supported a claim of abandonment if the Tenant’s conduct did not indicate it was surrendering the premises. I was not sure I could find the Tenant liable for compensating the Landlord automatically, either, as there appeared to be others living at the property, and despite the Tenant’s legal responsibilities to the Landlord during the tenancy, I needed to have a greater understanding of the Tenant’s position to ensure that responsibility had not transferred.

The Landlord explains how they went to the premises to speak with the Tenant and the Tenant’s associate explained that the Tenant was living away from the premises but visiting occasionally and storing his personal belongings there.

The Landlord has explained how the Tenant’s associate allowed the Landlord inside the premises to inspect it. When doing so, the Tenant’s associate explained how it was not responsible for the broken windows and the holes in the walls, and that the Tenant had installed security cameras which should show who was responsible, if not the Tenant.

On balance, I find the Tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The Landlord has provided photographs before and after the tenancy which show significant amounts of rubbish have built up outside the premises and inside the garage. The rubbish has built up over some time and the Tenant should have removed it before the end of the Tenancy. I note he has still not removed it before today’s hearing.

The cost of removing the rubbish, in the backyard and inside the garage, came to $850.00. I approve this claim.

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: a. Broken window – a bedroom window was broken - $259.75 to reglaze. b. Hole in wall – bedroom - $517.50 to repair. c. Hole in wall – lounge - $258.75 to repair.

The damage is more than fair wear and tear, and the Tenant has not disproved liability for the damage; the Tenant’s associate (Aaron) has told the Landlord that the damage was present at the premises prior to his moving in.

The amounts ordered are proved.

Order

If either party intends to produce any additional documents at the next hearing, they must send two copies to the Tribunal at least [number] days after the date of this order.

The hearing is adjourned.

A further [insert amount of time] should be allowed for the next hearing of this matter, scheduled before me at this court on the next available date.

Reasons

The Landlord attended the hearing.

Did the tenant comply with their obligations at the end of the tenancy?

The cost of removing the rubbish, in the backyard and inside the garage, came to $850.00. I approve this claim.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

Tenancy Tribunal case 4889741 — Rent arrears at 56 Clyde Street, Tokoroa, Tokoroa 3420

At a glance

Tenancy Tribunal case 4889741 — Rent arrears at 56 Clyde Street, Tokoroa, Tokoroa 3420

At a glance

Claims & awards

Order

Reasons

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

Claims & awards

Order

Reasons

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