How much money was awarded in case 4456565?

Cleaning: $897.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,100.00 awarded to landlord; Rent Arrears: $360.00 awarded to landlord; Walls: $3,500.00 awarded to landlord; Property Damage: $1,207.50 awarded to landlord; Water Rates: $238.93 awarded to landlord

What type of tenancy dispute was case 4456565?

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

Where can I read the official tribunal order for case 4456565?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9411113-Tribunal_Order.pdf.

How much money was awarded in case 4456565?

Cleaning: $897.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,100.00 awarded to landlord; Rent Arrears: $360.00 awarded to landlord; Walls: $3,500.00 awarded to landlord; Property Damage: $1,207.50 awarded to landlord; Water Rates: $238.93 awarded to landlord

What type of tenancy dispute was case 4456565?

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

Where can I read the official tribunal order for case 4456565?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9411113-Tribunal_Order.pdf.

63 Clarks Beach Road, Clarks Beach, Clarks Beach 2122 Tenancy Tribunal Case 4456565 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4456565?

The tribunal order states: Shaun Telefoni must pay Southern Suburbs Realty Limited Acting Agent For Blane

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63 Clarks Beach Road, Clarks Beach, Clarks Beach 2122 Tenancy Tribunal Case 4456565 — Property damage | 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 4456565 — net $7,323.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$360.00	Rent arrears
Water rates	$238.93	Water rates
Cleaning: including carpet cleaning	$897.00	Cleaning: including carpet cleaning
Replace furnishings: cat damaged curtains	$1,207.50	Replace furnishings: cat damaged curtains
Replacement of badly stained carpets	$1,100.00	Replacement of badly stained carpets
Repairs: walls	$3,500.00	Repairs: walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,323.87
Total payable by Tenant to Landlord	$7,323.87

Claims and awards for application 4456565 — net $7,323.87 NZD. Verify on MoJ.

Rent arrears

Amount: $360.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $238.93
Awarded to: Landlord
Reason: Water rates

Cleaning: including carpet cleaning

Amount: $897.00
Awarded to: Landlord
Reason: Cleaning: including carpet cleaning

Replace furnishings: cat damaged curtains

Amount: $1,207.50
Awarded to: Landlord
Reason: Replace furnishings: cat damaged curtains

Replacement of badly stained carpets

Amount: $1,100.00
Awarded to: Landlord
Reason: Replacement of badly stained carpets

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Water Rates

Order

Shaun Telefoni must pay Southern Suburbs Realty Limited Acting Agent For Blane And Doyle Smith $7,323.87 immediately, calculated as shown in table below.

Reasons

Only the 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 and water rates?

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
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: curtains, carpets and walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Issue regarding bond
The landlord says that the tenant has since forged their signature and obtained a full refund of the bond leaving the landlord out-of-pocket. The bond number is 6394371-015 and the actual bond lodged was $2,320.00.
While the landlord is entitled to the whole bond given the above monetary orders proved in favour of the landlord, it is in order for the landlord to contact the Bond Centre for the appropriate remedies accordingly.

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 4456565 — net $7,323.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$360.00	Rent arrears
Water rates	$238.93	Water rates
Cleaning: including carpet cleaning	$897.00	Cleaning: including carpet cleaning
Replace furnishings: cat damaged curtains	$1,207.50	Replace furnishings: cat damaged curtains
Replacement of badly stained carpets	$1,100.00	Replacement of badly stained carpets
Repairs: walls	$3,500.00	Repairs: walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,323.87
Total payable by Tenant to Landlord	$7,323.87

Claims and awards for application 4456565 — net $7,323.87 NZD. Verify on MoJ.

Rent arrears

Amount: $360.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $238.93
Awarded to: Landlord
Reason: Water rates

Cleaning: including carpet cleaning

Amount: $897.00
Awarded to: Landlord
Reason: Cleaning: including carpet cleaning

Replace furnishings: cat damaged curtains

Amount: $1,207.50
Awarded to: Landlord
Reason: Replace furnishings: cat damaged curtains

Replacement of badly stained carpets

Amount: $1,100.00
Awarded to: Landlord
Reason: Replacement of badly stained carpets

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Water Rates

Order

Shaun Telefoni must pay Southern Suburbs Realty Limited Acting Agent For Blane And Doyle Smith $7,323.87 immediately, calculated as shown in table below.

Reasons

Only the 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 and water rates?

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
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: curtains, carpets and walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Issue regarding bond
The landlord says that the tenant has since forged their signature and obtained a full refund of the bond leaving the landlord out-of-pocket. The bond number is 6394371-015 and the actual bond lodged was $2,320.00.
While the landlord is entitled to the whole bond given the above monetary orders proved in favour of the landlord, it is in order for the landlord to contact the Bond Centre for the appropriate remedies accordingly.

Tenancy Tribunal case 4456565 — Property damage at 63 Clarks Beach Road, Clarks Beach, Clarks Beach 2122

At a glance

Tenancy Tribunal case 4456565 — Property damage at 63 Clarks Beach Road, Clarks Beach, Clarks Beach 2122

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