What was the outcome of Tenancy Tribunal case 4541929?

The tribunal order states: This Order supersedes the Order dated 18 July 2023.

How much money was awarded in case 4541929?

Filing Fee: $20.44 awarded to landlord; Property Damage: $324.61 awarded to landlord; Rent Arrears: $50.19 awarded to landlord; Property Damage: $275.39 awarded to landlord

What type of tenancy dispute was case 4541929?

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

Where can I read the official tribunal order for case 4541929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9194651-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4541929?

The tribunal order states: This Order supersedes the Order dated 18 July 2023.

How much money was awarded in case 4541929?

Filing Fee: $20.44 awarded to landlord; Property Damage: $324.61 awarded to landlord; Rent Arrears: $50.19 awarded to landlord; Property Damage: $275.39 awarded to landlord

What type of tenancy dispute was case 4541929?

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

Where can I read the official tribunal order for case 4541929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9194651-Tenancy_Tribunal_Order.pdf.

771 Tweed Street, Rockdale, Invercargill 9812 Tenancy Tribunal Case 4541929 — Property damage

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771 Tweed Street, Rockdale, Invercargill 9812 Tenancy Tribunal Case 4541929 — 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 4541929 — net $670.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$50.19	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Window repairs	$324.61	Window repairs
Repairs: Wall Repairs	$275.39	Repairs: Wall Repairs
Net award	$670.63
Total payable by Tenant to Landlord	$670.63

Claims and awards for application 4541929 — net $670.63 NZD. Verify on MoJ.

Rent arrears

Amount: $50.19
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Window repairs

Amount: $324.61
Awarded to: Landlord
Reason: Window repairs

Repairs: Wall Repairs

Amount: $275.39
Awarded to: Landlord
Reason: Repairs: Wall Repairs

Net award

Landlord $670.63

Total payable by Tenant to Landlord

Landlord $670.63

Dismissed claims

Cleaning — Is the tenant responsible for the damage to the premises?
Property Damage — due to unreliable photographic evidence in support of this claim.

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Cleanliness

Order

This Order supersedes the Order dated 18 July 2023.
No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Joesph Rameka Harry Turei must pay Southland Property Solutions Limited As Agent For Mr Beech $670.63 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no attendance by the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 27 February 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the rent ledger I am satisfied that the tenant is responsible for this debt.

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 landlord says that the tenant did not leave the oven in a reasonably clean condition. Limited photographic evidence was provided of this and as such it is not possible to determine the exact state the oven was left in (other than a somewhat dirty oven door). The evidence provided does not support this claim.
The claim for oven cleaning is dismissed.

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: damage to walls and windows. The landlord provided evidence confirming that there was damage to windows and walls. I was also provided with entry photographs at the beginning of the tenancy. I have also sighted the invoice relating to window repairs.
The amounts ordered are proved.
The landlord’s claim for damage to curtains is dismissed due to unreliable photographic evidence in support of this claim.
Because Southland Property Solutions Limited As Agent For Mr Beech has substantially succeeded with the claim I have reimbursed 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 4541929 — net $670.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$50.19	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Window repairs	$324.61	Window repairs
Repairs: Wall Repairs	$275.39	Repairs: Wall Repairs
Net award	$670.63
Total payable by Tenant to Landlord	$670.63

Claims and awards for application 4541929 — net $670.63 NZD. Verify on MoJ.

Rent arrears

Amount: $50.19
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Window repairs

Amount: $324.61
Awarded to: Landlord
Reason: Window repairs

Repairs: Wall Repairs

Amount: $275.39
Awarded to: Landlord
Reason: Repairs: Wall Repairs

Net award

Landlord $670.63

Total payable by Tenant to Landlord

Landlord $670.63

Dismissed claims

Cleaning — Is the tenant responsible for the damage to the premises?
Property Damage — due to unreliable photographic evidence in support of this claim.

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Cleanliness

Order

This Order supersedes the Order dated 18 July 2023.
No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Joesph Rameka Harry Turei must pay Southland Property Solutions Limited As Agent For Mr Beech $670.63 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no attendance by the tenant.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 27 February 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the rent ledger I am satisfied that the tenant is responsible for this debt.

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 landlord says that the tenant did not leave the oven in a reasonably clean condition. Limited photographic evidence was provided of this and as such it is not possible to determine the exact state the oven was left in (other than a somewhat dirty oven door). The evidence provided does not support this claim.
The claim for oven cleaning is dismissed.

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: damage to walls and windows. The landlord provided evidence confirming that there was damage to windows and walls. I was also provided with entry photographs at the beginning of the tenancy. I have also sighted the invoice relating to window repairs.
The amounts ordered are proved.
The landlord’s claim for damage to curtains is dismissed due to unreliable photographic evidence in support of this claim.
Because Southland Property Solutions Limited As Agent For Mr Beech has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4541929 — Property damage at 771 Tweed Street, Rockdale, Invercargill 9812

At a glance

Tenancy Tribunal case 4541929 — Property damage at 771 Tweed Street, Rockdale, Invercargill 9812

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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