What was the outcome of Tenancy Tribunal case 5169856?

The tribunal order states: Zayne Alexander Hitchens must pay Oxygen.Co.Nz Limited As Agent For

How much money was awarded in case 5169856?

Cleaning: $80.00 awarded to landlord; Cleaning: $325.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $38.00 awarded to landlord; Rent Arrears: $1,775.00 awarded to landlord; Painting walls and replace door hand…: $660.00 awarded to landlord; Replace Furnishings: Curtain: $65.00 awarded to landlord

What type of tenancy dispute was case 5169856?

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

Where can I read the official tribunal order for case 5169856?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11657463-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5169856?

The tribunal order states: Zayne Alexander Hitchens must pay Oxygen.Co.Nz Limited As Agent For

How much money was awarded in case 5169856?

Cleaning: $80.00 awarded to landlord; Cleaning: $325.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $38.00 awarded to landlord; Rent Arrears: $1,775.00 awarded to landlord; Painting walls and replace door hand…: $660.00 awarded to landlord; Replace Furnishings: Curtain: $65.00 awarded to landlord

What type of tenancy dispute was case 5169856?

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

Where can I read the official tribunal order for case 5169856?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11657463-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 1341 High Street, Taita, Lower Hutt 5011 Tenancy Tribunal Case 5169856 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5169856 — net $1,530.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16.1.2025	$1,775.00	Rent arrears to 16.1.2025
Cleaning	$325.00	Cleaning
Carpet Cleaning	$80.00	Carpet Cleaning
Lock/key replacement	$38.00	Lock/key replacement
Repairs: Painting walls and replace door handle	$660.00	Repairs: Painting walls and replace door handle
Replace furnishings: Curtain	$65.00	Replace furnishings: Curtain
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,530.00
Total payable by Tenant to Landlord	$1,530.00

The landlord attended the hearing represented by Ms Ellis.

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 16 January 2025 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 (RTA).

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

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.

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: Walls were tagged and required repainting; a door handle was damaged and required replacement and a curtain was damaged and required replacement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was likely intentional.

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. I note that the flat was refurbished with freshly painted walls and new curtains before the tenancy started. Given that the items were approximately 2-3 months old when the tenancy ended, I consider reducing the replacement costs for depreciation is not justified.

Claims and awards in Tenancy Tribunal application 5169856 — net $1,530.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16.1.2025	$1,775.00	Rent arrears to 16.1.2025
Cleaning	$325.00	Cleaning
Carpet Cleaning	$80.00	Carpet Cleaning
Lock/key replacement	$38.00	Lock/key replacement
Repairs: Painting walls and replace door handle	$660.00	Repairs: Painting walls and replace door handle
Replace furnishings: Curtain	$65.00	Replace furnishings: Curtain
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,530.00
Total payable by Tenant to Landlord	$1,530.00

Order

Zayne Alexander Hitchens must pay Oxygen.Co.Nz Limited As Agent For United Group Ltd $1,530.00 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,440.00 (5289015-013) to Oxygen.Co.Nz Limited As Agent For United Group Ltd immediately.

Reasons

The landlord attended the hearing represented by Ms Ellis.
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 16 January 2025 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
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.
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: Walls were tagged and required repainting; a door handle was damaged and required replacement and a curtain was damaged and required replacement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was likely intentional.
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. I note that the flat was refurbished with freshly painted walls and new curtains before the tenancy started. Given that the items were approximately 2-3 months old when the tenancy ended, I consider reducing the replacement costs for depreciation is not justified.

Tenancy Tribunal case 5169856 — Rent arrears at Unit/Flat 4, 1341 High Street, Taita, Lower Hutt 5011

At a glance

Tenancy Tribunal case 5169856 — Rent arrears at Unit/Flat 4, 1341 High Street, Taita, Lower Hutt 5011

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