What was the outcome of Tenancy Tribunal case 5058549?

The tribunal order states: Sarah Aston must pay Active Property Management Ruapehu Limited

How much money was awarded in case 5058549?

Cleaning: $800.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,304.29 awarded to landlord; Heated Towelrail: $26.28 awarded to landlord; Kitchen Drawers And Doors: $460.00 awarded to landlord

What type of tenancy dispute was case 5058549?

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

Where can I read the official tribunal order for case 5058549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11395068-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5058549?

The tribunal order states: Sarah Aston must pay Active Property Management Ruapehu Limited

How much money was awarded in case 5058549?

Cleaning: $800.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,304.29 awarded to landlord; Heated Towelrail: $26.28 awarded to landlord; Kitchen Drawers And Doors: $460.00 awarded to landlord

What type of tenancy dispute was case 5058549?

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

Where can I read the official tribunal order for case 5058549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11395068-Tenancy_Tribunal_Order.pdf.

62 Ward Street, Taumarunui, Taumarunui 3920 Tenancy Tribunal Case 5058549 — Rent arrears

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62 Ward Street, Taumarunui, Taumarunui 3920 Tenancy Tribunal Case 5058549 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5058549 — net $1,017.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/9/2024	$1,304.29	Rent arrears to 24/9/2024
Repairs: Heated towelrail	$26.28	Repairs: Heated towelrail
Repairs: kitchen drawers and doors	$460.00	Repairs: kitchen drawers and doors
Cleaning: including carpets	$800.00	Cleaning: including carpets
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,017.57
Total payable by Tenant to Landlord	$1,017.57

Claims and awards for application 5058549 — net $1,017.57 NZD. Verify on MoJ.

Rent arrears to 24/9/2024

Amount: $1,304.29
Awarded to: Landlord
Reason: Rent arrears to 24/9/2024

Repairs: Heated towelrail

Amount: $26.28
Awarded to: Landlord
Reason: Repairs: Heated towelrail

Repairs: kitchen drawers and doors

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: kitchen drawers and doors

Cleaning: including carpets

Amount: $800.00
Awarded to: Landlord
Reason: Cleaning: including carpets

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage

Order

Sarah Aston must pay Active Property Management Ruapehu Limited $1,017.57 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
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 24/9/2024 in accordance with the tenant’s 28 day notice. 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 did not leave the premises reasonably clean and tidy. The carpets were stained although the pre tenancy report confirms they were also stained at the beginning of the tenancy. The amount ordered for cleaning is reduced to take account of both the fact that the tenancy ran for three and a half years which means there is an element of “maintenance” cleaning that is the landlord’s responsibility and the required standard which is “reasonably clean and tidy” and not so the property can be relet or sold. The standard is less than immaculate.
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.
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: several cupboards and doors in the kitchen were broken and required repair and the heated towel rail damaged when a door slammed. That damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage to the dishwasher pipe/hose under the sink is more likely to be either caused by accident or fair wear and tear. That claim is dismissed.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amounts awarded are for repairs only.
Because Active Property Management Ruapehu Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5058549 — net $1,017.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24/9/2024	$1,304.29	Rent arrears to 24/9/2024
Repairs: Heated towelrail	$26.28	Repairs: Heated towelrail
Repairs: kitchen drawers and doors	$460.00	Repairs: kitchen drawers and doors
Cleaning: including carpets	$800.00	Cleaning: including carpets
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,017.57
Total payable by Tenant to Landlord	$1,017.57

Claims and awards for application 5058549 — net $1,017.57 NZD. Verify on MoJ.

Rent arrears to 24/9/2024

Amount: $1,304.29
Awarded to: Landlord
Reason: Rent arrears to 24/9/2024

Repairs: Heated towelrail

Amount: $26.28
Awarded to: Landlord
Reason: Repairs: Heated towelrail

Repairs: kitchen drawers and doors

Amount: $460.00
Awarded to: Landlord
Reason: Repairs: kitchen drawers and doors

Cleaning: including carpets

Amount: $800.00
Awarded to: Landlord
Reason: Cleaning: including carpets

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage

Order

Sarah Aston must pay Active Property Management Ruapehu Limited $1,017.57 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
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 24/9/2024 in accordance with the tenant’s 28 day notice. 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 did not leave the premises reasonably clean and tidy. The carpets were stained although the pre tenancy report confirms they were also stained at the beginning of the tenancy. The amount ordered for cleaning is reduced to take account of both the fact that the tenancy ran for three and a half years which means there is an element of “maintenance” cleaning that is the landlord’s responsibility and the required standard which is “reasonably clean and tidy” and not so the property can be relet or sold. The standard is less than immaculate.
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.
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: several cupboards and doors in the kitchen were broken and required repair and the heated towel rail damaged when a door slammed. That damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage to the dishwasher pipe/hose under the sink is more likely to be either caused by accident or fair wear and tear. That claim is dismissed.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amounts awarded are for repairs only.
Because Active Property Management Ruapehu Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5058549 — Rent arrears at 62 Ward Street, Taumarunui, Taumarunui 3920

At a glance

Tenancy Tribunal case 5058549 — Rent arrears at 62 Ward Street, Taumarunui, Taumarunui 3920

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