What was the outcome of Tenancy Tribunal case 5014668?

The tribunal order states: Donna Tairua and Marleina Rangikataua must pay Barfoot & Thompson Limited

How much money was awarded in case 5014668?

Cleaning: $552.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $50.00 awarded to landlord; Rent Arrears: $3,454.29 awarded to landlord; Property Damage: $1,558.25 awarded to landlord; Rubbish Removal: $962.00 awarded to landlord

What type of tenancy dispute was case 5014668?

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

Where can I read the official tribunal order for case 5014668?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11404456-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5014668?

The tribunal order states: Donna Tairua and Marleina Rangikataua must pay Barfoot & Thompson Limited

How much money was awarded in case 5014668?

Cleaning: $552.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $50.00 awarded to landlord; Rent Arrears: $3,454.29 awarded to landlord; Property Damage: $1,558.25 awarded to landlord; Rubbish Removal: $962.00 awarded to landlord

What type of tenancy dispute was case 5014668?

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

Where can I read the official tribunal order for case 5014668?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11404456-Tenancy_Tribunal_Order.pdf.

Unit/Flat 7D, 34 Kingston Street, Auckland Central, Tenancy Tribunal Case 5014668 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5014668 — net $5,203.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,454.29	Rent arrears
Rubbish removal	$962.00	Rubbish removal
Light bulbs/batteries	$50.00	Light bulbs/batteries
Cleaning	$552.00	Cleaning
Repairs: Ceiling damage	$1,558.25	Repairs: Ceiling damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,203.54
Total payable by Tenant to Landlord	$5,203.54

The Landlord attended the hearing by video. The Tenants did not appear by video or answer telephone calls made by the Tribunal on the phone number provided.

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 arrears?

The tenancy ended on 23 October 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.

The following chattels were missing at the end of the tenancy: five lightbulbs. The amount to replace these was unclear from the Landlord’s invoice because it included the amount to repair a kitchen cabinet. I find an appropriate amount to award is $50.00 for the replacement light bulbs.

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: Ceiling and wall damage and kitchen cabinet damage.

Ceiling and wall damage: The Landlord claimed damage for the hallway walls, hallway ceiling and lounge ceiling because the Tenant left multiple pin size holes in the ceiling and did not adequately repair damage to a wall. Photographs provided were of two areas in the ceiling that were covered in holes, patchwork on the hallway wall by a light switch and an invoice for the repairs equating to $1558.25. There was also a photograph of the hallway prior to the Tenant moving into the property.

The amounts ordered are proved.

Cabinet door damage: The Landlord claimed damage to a kitchen cabinet door and provided an invoice for the repair. The amount claimed also included the replacement of light bulbs. There was no evidence of an ingoing report to confirm this was not damaged at the start of the tenancy or photographs of the damage.

The amounts claimed are therefore declined as there was insufficient evidence to prove the tenant’s liability for the cabinet door.

As Barfoot & Thompson Limited has substantially succeeded with the claim the Tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5014668 — net $5,203.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,454.29	Rent arrears
Rubbish removal	$962.00	Rubbish removal
Light bulbs/batteries	$50.00	Light bulbs/batteries
Cleaning	$552.00	Cleaning
Repairs: Ceiling damage	$1,558.25	Repairs: Ceiling damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,203.54
Total payable by Tenant to Landlord	$5,203.54

Order

Donna Tairua and Marleina Rangikataua must pay Barfoot & Thompson Limited $5,203.54 immediately, being rent arrears to 23 October 2024.
The Bond Centre is to pay the bond of $1,400.00 (5347907-007) to Barfoot & Thompson Limited immediately.

Reasons

The Landlord attended the hearing by video. The Tenants did not appear by video or answer telephone calls made by the Tribunal on the phone number provided.
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 arrears?

The tenancy ended on 23 October 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.
The following chattels were missing at the end of the tenancy: five lightbulbs. The amount to replace these was unclear from the Landlord’s invoice because it included the amount to repair a kitchen cabinet. I find an appropriate amount to award is $50.00 for the replacement light bulbs.
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: Ceiling and wall damage and kitchen cabinet damage.
Ceiling and wall damage: The Landlord claimed damage for the hallway walls, hallway ceiling and lounge ceiling because the Tenant left multiple pin size holes in the ceiling and did not adequately repair damage to a wall. Photographs provided were of two areas in the ceiling that were covered in holes, patchwork on the hallway wall by a light switch and an invoice for the repairs equating to $1558.25. There was also a photograph of the hallway prior to the Tenant moving into the property.
The amounts ordered are proved.
Cabinet door damage: The Landlord claimed damage to a kitchen cabinet door and provided an invoice for the repair. The amount claimed also included the replacement of light bulbs. There was no evidence of an ingoing report to confirm this was not damaged at the start of the tenancy or photographs of the damage.
The amounts claimed are therefore declined as there was insufficient evidence to prove the tenant’s liability for the cabinet door.
As Barfoot & Thompson Limited has substantially succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 5014668 — Rent arrears at Unit/Flat 7D, 34 Kingston Street, Auckland Central,

At a glance

Tenancy Tribunal case 5014668 — Rent arrears at Unit/Flat 7D, 34 Kingston Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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 arrears?

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