What was the outcome of Tenancy Tribunal case 5171252?

The tribunal order states: Rangi Allen must pay Riverstone Rentals Limited $2,594.04 immediately, being

How much money was awarded in case 5171252?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,222.86 awarded to landlord; Rubbish Removal: $521.30 awarded to landlord; Water Rates: $822.88 awarded to landlord

What type of tenancy dispute was case 5171252?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5171252?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12090397-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5171252?

The tribunal order states: Rangi Allen must pay Riverstone Rentals Limited $2,594.04 immediately, being

How much money was awarded in case 5171252?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,222.86 awarded to landlord; Rubbish Removal: $521.30 awarded to landlord; Water Rates: $822.88 awarded to landlord

What type of tenancy dispute was case 5171252?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5171252?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12090397-Tenancy_Tribunal_Order.pdf.

82 Murdoch Crescent, Raumanga, Whangarei 0110 Tenancy Tribunal Case 5171252 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5171252 — net $2,594.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,222.86	2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Water rates	$822.88	Water rates
Rubbish removal	$521.30	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,594.04
Total payable by Tenant to Landlord	$2,594.04

The Landlord attended the hearing by telephone. The tenant did not attend by video or answer the telephone call made by the Tribunal.

The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 29 July 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 remove all rubbish. Photographs were provided of the rubbish and an invoice to substantial the cost.

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 window. The Landlord claimed the Tenant had damaged a window during the tenancy and a photograph was provided of the damage. An email from the Tenant was also produced stating that they did not dispute the Landlord’s claims. The Landlord did not have an invoice but estimated the cost to repair was $130.00 to $140.00.

In considering the evidence however, the Landlord as the Applicant has the onus of proving their claim. Although the Tenant stated in their email they did not oppose the Landlords application, there was no invoice to substantiate the cost to repair from an independent professional or an ingoing inspection report to show the window was not damaged before the tenancy.

For these reasons, the claim is dismissed.

As Riverstone Rentals Limited has substantially succeeded with the claim the Tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5171252 — net $2,594.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,222.86	2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Water rates	$822.88	Water rates
Rubbish removal	$521.30	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,594.04
Total payable by Tenant to Landlord	$2,594.04

Order

Rangi Allen must pay Riverstone Rentals Limited $2,594.04 immediately, being rent arrears to 29 July 2024.

Reasons

The Landlord attended the hearing by telephone. The tenant did not attend by video or answer the telephone call made by the Tribunal.
The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 29 July 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 remove all rubbish. Photographs were provided of the rubbish and an invoice to substantial the cost.
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 window. The Landlord claimed the Tenant had damaged a window during the tenancy and a photograph was provided of the damage. An email from the Tenant was also produced stating that they did not dispute the Landlord’s claims. The Landlord did not have an invoice but estimated the cost to repair was $130.00 to $140.00.
In considering the evidence however, the Landlord as the Applicant has the onus of proving their claim. Although the Tenant stated in their email they did not oppose the Landlords application, there was no invoice to substantiate the cost to repair from an independent professional or an ingoing inspection report to show the window was not damaged before the tenancy.
For these reasons, the claim is dismissed.
As Riverstone Rentals Limited has substantially succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 5171252 — Rent arrears at 82 Murdoch Crescent, Raumanga, Whangarei 0110

At a glance

Tenancy Tribunal case 5171252 — Rent arrears at 82 Murdoch Crescent, Raumanga, Whangarei 0110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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?

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