What was the outcome of Tenancy Tribunal case 5022488?

The tribunal order states: Mervyn Scott Colhoun must pay Barfoot & Thompson Ltd - Milford As Agent For

How much money was awarded in case 5022488?

Cleaning: $120.00 awarded to landlord; Cleaning: $700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,357.14 awarded to landlord; Property Damage: $430.00 awarded to landlord; Water Rates: $5.05 awarded to landlord

What type of tenancy dispute was case 5022488?

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

Where can I read the official tribunal order for case 5022488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11362045-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5022488?

The tribunal order states: Mervyn Scott Colhoun must pay Barfoot & Thompson Ltd - Milford As Agent For

How much money was awarded in case 5022488?

Cleaning: $120.00 awarded to landlord; Cleaning: $700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,357.14 awarded to landlord; Property Damage: $430.00 awarded to landlord; Water Rates: $5.05 awarded to landlord

What type of tenancy dispute was case 5022488?

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

Where can I read the official tribunal order for case 5022488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11362045-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 242 Onewa Road, Birkenhead, Auckland 0626 Tenancy Tribunal Case 5022488 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5022488 — net $1,639.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 October 2024	$2,357.14	Rent arrears to 14 October 2024
Water rates: to 14 October 2024	$5.05	Water rates: to 14 October 2024
Oven/stove cleaning	$120.00	Oven/stove cleaning
Cleaning	$700.00	Cleaning
Repairs: Shelf removed and damage to wall repaired	$430.00	Repairs: Shelf removed and damage to wall repaired
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,639.19
Total payable by Tenant to Landlord	$1,639.19

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend. I tried to call the tenant, but he is currently residing in Australia and our system does not allow for international calling.

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 14 October 2024. The landlord provided rent records and water rates invoices 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 tenant sent communication to the landlord claiming the costs of getting the premise to a reasonably clean and tidy condition lay with the landlord. This is incorrect in law.

The landlord has provided photographic evidence that proves its claims.

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.

During the tenancy, the tenant put up a long shelf during the tenancy and did not remove it and reinstate the wall back to the condition it was in prior to him installing the shelf. The damage caused by the shelf removal is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the application fee

Because Barfoot & Thompson Ltd - Milford As Agent For Chris Watson has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5022488 — net $1,639.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 October 2024	$2,357.14	Rent arrears to 14 October 2024
Water rates: to 14 October 2024	$5.05	Water rates: to 14 October 2024
Oven/stove cleaning	$120.00	Oven/stove cleaning
Cleaning	$700.00	Cleaning
Repairs: Shelf removed and damage to wall repaired	$430.00	Repairs: Shelf removed and damage to wall repaired
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,639.19
Total payable by Tenant to Landlord	$1,639.19

Order

Mervyn Scott Colhoun must pay Barfoot & Thompson Ltd - Milford As Agent For Chris Watson $1,639.19 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (3343622-009) to Barfoot & Thompson Ltd - Milford As Agent For Chris Watson immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend. I tried to call the tenant, but he is currently residing in Australia and our system does not allow for international calling.
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 14 October 2024. The landlord provided rent records and water rates invoices 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 tenant sent communication to the landlord claiming the costs of getting the premise to a reasonably clean and tidy condition lay with the landlord. This is incorrect in law.
The landlord has provided photographic evidence that proves its claims.
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.
During the tenancy, the tenant put up a long shelf during the tenancy and did not remove it and reinstate the wall back to the condition it was in prior to him installing the shelf. The damage caused by the shelf removal is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the application fee
Because Barfoot & Thompson Ltd - Milford As Agent For Chris Watson has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5022488 — Rent arrears at Unit/Flat 2, 242 Onewa Road, Birkenhead, Auckland 0626

At a glance

Tenancy Tribunal case 5022488 — Rent arrears at Unit/Flat 2, 242 Onewa Road, Birkenhead, Auckland 0626

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