What was the outcome of Tenancy Tribunal case 5204411?

The tribunal order states: Riki Te Hira Waaka must pay Ashburton Real Estate Limited $13,372.13

How much money was awarded in case 5204411?

Cleaning: $1,299.50 awarded to landlord; Compensation: $920.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,750.00 awarded to landlord; Rent Arrears: $6,096.99 awarded to landlord; Replace Cracked Window In Lounge Doo…: $231.84 awarded to landlord; Replace Curtains: $238.87 awarded to landlord; Replace Door Handles In Bedrooms And…: $120.10 awarded to landlord; Replace Oven (Depreciated 50: $450.00 awarded to landlord; Replace Shower Curtain And Hooks: $19.98 awarded to landlord; Replace Toilet Seat: $67.85 awarded to landlord; Rubbish Removal: $550.00 awarded to landlord

What type of tenancy dispute was case 5204411?

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

Where can I read the official tribunal order for case 5204411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12039003-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5204411?

The tribunal order states: Riki Te Hira Waaka must pay Ashburton Real Estate Limited $13,372.13

How much money was awarded in case 5204411?

Cleaning: $1,299.50 awarded to landlord; Compensation: $920.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,750.00 awarded to landlord; Rent Arrears: $6,096.99 awarded to landlord; Replace Cracked Window In Lounge Doo…: $231.84 awarded to landlord; Replace Curtains: $238.87 awarded to landlord; Replace Door Handles In Bedrooms And…: $120.10 awarded to landlord; Replace Oven (Depreciated 50: $450.00 awarded to landlord; Replace Shower Curtain And Hooks: $19.98 awarded to landlord; Replace Toilet Seat: $67.85 awarded to landlord; Rubbish Removal: $550.00 awarded to landlord

What type of tenancy dispute was case 5204411?

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

Where can I read the official tribunal order for case 5204411?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12039003-Tenancy_Tribunal_Order.pdf.

103 Grey Street, Hampstead, Ashburton 7700 Tenancy Tribunal Case 5204411 — Rent arrears

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Claims and awards in Tenancy Tribunal application 5204411 — net $13,372.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 January 2025	$6,096.99	Rent arrears to 6 January 2025
Landlord labour for cleaning, repairs, and rubbish removal - 22 hours	$550.00	Landlord labour for cleaning, repairs, and rubbish removal - 22 hours
Replace door handles in bedrooms and laundry	$120.10	Replace door handles in bedrooms and laundry
Cleaning	$1,299.50	Cleaning
Replace oven (depreciated 50	$450.00	Replace oven (depreciated 50
Replace cracked window in lounge door	$231.84	Replace cracked window in lounge door
Replace shower curtain and hooks	$19.98	Replace shower curtain and hooks
Replace toilet seat	$67.85	Replace toilet seat
Insurance excess for methamphetamine contamination	$2,750.00	Insurance excess for methamphetamine contamination
Replace curtains	$238.87	Replace curtains
Loss of rent compensation (equivalent to 2 weeks	$920.00	Loss of rent compensation (equivalent to 2 weeks
Exemplary damages for unlawful act	$600.00	Exemplary damages for unlawful act
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$13,372.13
Total payable by Tenant to Landlord	$13,372.13

Claims and awards in Tenancy Tribunal application 5204411 — net $13,372.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 6 January 2025

$6,096.99

Rent arrears to 6 January 2025

Landlord labour for cleaning, repairs, and rubbish removal - 22 hours

$550.00

Landlord labour for cleaning, repairs, and rubbish removal - 22 hours

Replace door handles in bedrooms and laundry

$120.10

Replace door handles in bedrooms and laundry

Cleaning

$1,299.50

Cleaning

Replace oven (depreciated 50

$450.00

Replace oven (depreciated 50

Replace cracked window in lounge door

$231.84

Replace cracked window in lounge door

Replace shower curtain and hooks

$19.98

Replace shower curtain and hooks

Replace toilet seat

$67.85

Replace toilet seat

Insurance excess for methamphetamine contamination

$2,750.00

Insurance excess for methamphetamine contamination

Replace curtains

$238.87

Replace curtains

Loss of rent compensation (equivalent to 2 weeks

$920.00

Loss of rent compensation (equivalent to 2 weeks

Exemplary damages for unlawful act

$600.00

Exemplary damages for unlawful act

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$13,372.13

Total payable by Tenant to Landlord

$13,372.13

Reasons

Both parties attended the hearing. Ms Sloane and Ms Reid represented the landlord.

The landlord has applied for rent arrears, compensation, exemplary damages, and reimbursement of the filing fee following the end of the tenancy. Accepted claims

The tenant accepted the landlord’s claims for rent arrears and compensation for the replacement cost of chattels, repairs, landlord labour, and the insurance excess on the methamphetamine remediation claim.

I have depreciated the claim for the replacement of the oven. The landlord purchased a new oven. The tenancy lasted 5 years. The landlord’s representatives did not know the age of the oven. It is likely that it was much older than 5 years. A landlord cannot expect to replace an old chattel with a new one and be compensated for the full replacement cost, as that would result in betterment. I have applied a 50% depreciation to the cost of replacing the oven.

The landlord sought loss of rent compensation equivalent to 11 weeks’ rent. The Tribunal is cautious when awarding loss of rent compensation. It is usually reserved for the worst cases of damage.

Landlord must be prepared to experience periods of delay between tenancies for various reasons. I accept in this case there was a longer than usual delay due to the remediation work that was required. But the delay was beyond what might reasonably be expected, possibly due to the time of year when the tenancy ended. I have awarded the landlord loss of rent compensation equivalent to 2 weeks’ rent. Exemplary damages

The landlord has applied for exemplary damages for the unlawful act committed by the tenant using or allowing the use of methamphetamine at the premises.

Exemplary damages are designed to punish and to deter; they are like a fine. They are awarded at the Tribunal’s discretion when one party has proved that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 of the Residential Tenancies Act 1986 (RTA). Those factors are: •The intention of the person; •The effect of the unlawful act; •The interests of the party against whom the unlawful act was committed; and •The public interest.

Section 40(2)(b) RTA provides that a tenant must not use the premises, or permit the premises to be used, for any unlawful purpose.

Mr Waaka admitted that he or someone at the premises with his consent smoked methamphetamine at the premises during the tenancy. That is an offence under the Misuse of Drugs Act 1975.

Section 40(3A)(c) RTA provides that a contravention of section 40(2)(b) RTA is an unlawful act.

The maximum award of exemplary damages for this unlawful act is $1,800.00. I award the landlord exemplary damages of $600.00.

I also award the landlord the filing fee on the successful application. Result

The landlord has already received the bond which was applied to rent arrears. The awarded amount of rent arrears takes account of the bond deduction. Together, the claims accepted by the tenant, and the amounts awarded by the Tribunal for loss of rent compensation and for exemplary damages and the filing fee amount to $13,372.13. That is the amount the tenant must pay to the landlord.

Claims and awards in Tenancy Tribunal application 5204411 — net $13,372.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 January 2025	$6,096.99	Rent arrears to 6 January 2025
Landlord labour for cleaning, repairs, and rubbish removal - 22 hours	$550.00	Landlord labour for cleaning, repairs, and rubbish removal - 22 hours
Replace door handles in bedrooms and laundry	$120.10	Replace door handles in bedrooms and laundry
Cleaning	$1,299.50	Cleaning
Replace oven (depreciated 50	$450.00	Replace oven (depreciated 50
Replace cracked window in lounge door	$231.84	Replace cracked window in lounge door
Replace shower curtain and hooks	$19.98	Replace shower curtain and hooks
Replace toilet seat	$67.85	Replace toilet seat
Insurance excess for methamphetamine contamination	$2,750.00	Insurance excess for methamphetamine contamination
Replace curtains	$238.87	Replace curtains
Loss of rent compensation (equivalent to 2 weeks	$920.00	Loss of rent compensation (equivalent to 2 weeks
Exemplary damages for unlawful act	$600.00	Exemplary damages for unlawful act
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$13,372.13
Total payable by Tenant to Landlord	$13,372.13