What was the outcome of Tenancy Tribunal case 4969274?

The tribunal order states: Rangi Hoet must pay Unique Realty Limited $2,167.37 immediately, calculated

How much money was awarded in case 4969274?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,093.57 awarded to landlord; Rubbish Removal: $726.80 awarded to landlord

What type of tenancy dispute was case 4969274?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4969274?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10984167-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4969274?

The tribunal order states: Rangi Hoet must pay Unique Realty Limited $2,167.37 immediately, calculated

How much money was awarded in case 4969274?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,093.57 awarded to landlord; Rubbish Removal: $726.80 awarded to landlord

What type of tenancy dispute was case 4969274?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4969274?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10984167-Tenancy_Tribunal_Order.pdf.

67 Chelwood Street, Takaro, Palmerston North 4412 Tenancy Tribunal Case 4969274 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4969274 — net $2,167.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 July 2024	$2,093.57	Rent arrears to 14 July 2024
Rubbish removal	$726.80	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,167.37
Total payable by Tenant to Landlord	$2,167.37

The Landlord attended the hearing by video. The Tenant did not attend by video or answer phone calls made by the Tribunal to their mobile.

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?

The tenancy ended on 14 July 2024.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, 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.

Photographs were provided of the exterior rubbish left behind and an invoice for the 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: Broken bedroom window. The Landlord provided an invoice and photograph of the bedroom window taken on 15 July 2024 however they were unable to obtain an ingoing inspection report because the Landlord started managing this property later on during the tenancy. The Landlord claimed the Tenant’s advised them the damage was caused by their children kicking a ball through the window however there was no written evidence provided of this conversation. The Landlord provided an inspection report from 9 June 2023, which noted there were two bedrooms with windows that were not damaged however one had wear and tear. The third bedroom noted a crack in the window.

The photograph of the damaged bedroom window taken in the vacate inspection report does not identify which bedroom this was. The damage noted in the 9 June 2023 report states the window on the first right is ‘broken/cracked’. It also states the bedroom on the first left has windows that ‘do stick and can be hard to close or open at times’. Because there is no evidence that the windows were in a reasonable condition at the start of the tenancy and the evidence indicates wear and tear of the windows in 2023, I have not awarded this damage.

This part of the claim is dismissed.

As Unique Realty Limited has substantially succeeded with the claim the Tenant shall reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4969274 — net $2,167.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 July 2024	$2,093.57	Rent arrears to 14 July 2024
Rubbish removal	$726.80	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,167.37
Total payable by Tenant to Landlord	$2,167.37

Order

Rangi Hoet must pay Unique Realty Limited $2,167.37 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by video. The Tenant did not attend by video or answer phone calls made by the Tribunal to their mobile.
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?

The tenancy ended on 14 July 2024.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, 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.
Photographs were provided of the exterior rubbish left behind and an invoice for the 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: Broken bedroom window. The Landlord provided an invoice and photograph of the bedroom window taken on 15 July 2024 however they were unable to obtain an ingoing inspection report because the Landlord started managing this property later on during the tenancy. The Landlord claimed the Tenant’s advised them the damage was caused by their children kicking a ball through the window however there was no written evidence provided of this conversation. The Landlord provided an inspection report from 9 June 2023, which noted there were two bedrooms with windows that were not damaged however one had wear and tear. The third bedroom noted a crack in the window.
The photograph of the damaged bedroom window taken in the vacate inspection report does not identify which bedroom this was. The damage noted in the 9 June 2023 report states the window on the first right is ‘broken/cracked’. It also states the bedroom on the first left has windows that ‘do stick and can be hard to close or open at times’. Because there is no evidence that the windows were in a reasonable condition at the start of the tenancy and the evidence indicates wear and tear of the windows in 2023, I have not awarded this damage.
This part of the claim is dismissed.
As Unique Realty Limited has substantially succeeded with the claim the Tenant shall reimburse the filing fee.

Tenancy Tribunal case 4969274 — Rent arrears at 67 Chelwood Street, Takaro, Palmerston North 4412

At a glance

Tenancy Tribunal case 4969274 — Rent arrears at 67 Chelwood Street, Takaro, Palmerston North 4412

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