What was the outcome of Tenancy Tribunal case 4553189?

The tribunal order states: Mark Taylor and Jacinda Groen are to pay Realty Waikato Limited $1137.19

How much money was awarded in case 4553189?

Broken Window: $163.44 awarded to landlord; Cleaning: $1,040.75 awarded to landlord; Lawns and Garden Work: $224.25 awarded to landlord; Property Damage: $345.00 awarded to landlord; Rubbish Removal: $373.75 awarded to landlord; Unpaid Rent As Of 24 February 2023: $30.00 awarded to landlord

What type of tenancy dispute was case 4553189?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4553189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9614669-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4553189?

The tribunal order states: Mark Taylor and Jacinda Groen are to pay Realty Waikato Limited $1137.19

How much money was awarded in case 4553189?

Broken Window: $163.44 awarded to landlord; Cleaning: $1,040.75 awarded to landlord; Lawns and Garden Work: $224.25 awarded to landlord; Property Damage: $345.00 awarded to landlord; Rubbish Removal: $373.75 awarded to landlord; Unpaid Rent As Of 24 February 2023: $30.00 awarded to landlord

What type of tenancy dispute was case 4553189?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4553189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9614669-Tenancy_Tribunal_Order.pdf.

6 Anne Street, Tokoroa 3420 Tenancy Tribunal Case 4553189 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4553189. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Unpaid rent as of 24 February 2023	$30.00	Unpaid rent as of 24 February 2023
Interior post-exit clean	$1,040.75	Interior post-exit clean
Rubbish removal	$373.75	Rubbish removal
Lawns and gardening	$224.25	Lawns and gardening
Wall repairs	$345.00	Wall repairs
Broken window	$163.44	Broken window

Mark Taylor and Jacinda Groen are to pay Realty Waikato Limited $1137.19 immediately, calculated as follows: DescriptionLandlord Unpaid rent as of 24 February 2023$30.00 Interior post-exit clean$1,040.75 Rubbish removal$373.75 Lawns and gardening$224.25 Wall repairs$345.00 Broken window$163.44 Total award$2,177.19 Minus Bond$1,040.00 Tenant to pay$1,137.19

Bond Services is to release the bond of $1,040.00 to Realty Waikato Limited immediately.

Reasons

The Landlord attended the hearing. The Tenants sought an adjournment of the first hearing but did not attend this hearing. One of the Tenants contacted the registry to advise he would not be at the hearing, and I have the following note: Mark has called to advise he won't be attending today's court hearing. Mark has appointments at the doctors and with windz. Mark is aware an order can still be issued.

I have proceeded without the Tenant, not satisfied that there is sufficient evidence to support a second adjournment.

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 24 February 2023. The Landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $30.00

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. This is established, on balance, by the Landlord’s photographs during and after the tenancy.

The cleaning, completed by a professional cleaner, included the kitchen, oven, bathroom, toilet, laundry, ceilings, walls, windows, frames, floor vacuuming, mopping, and rubbish removal, totalling $1,040.75.

The removal and dumping of rubbish and household goods and property left by the tenant in and around the property came to $373.75.

The lawns were overgrown, as were the gardens. The cost of reinstating them was $224.25. This cost would have been avoidable if the Tenant had kept on top of them.

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:

Holes in walls: Seven holes were patched by cutting squares around each, installing backing boards and new gib board pieces, reinforcing with gauze, plastering and sanding three times each, and a doorstop was installed to prevent further damage from the door handle. The cost of the repairs came to $345.00.

Broken Window: The Tenant accepted responsibility for a broken window in the home, according to the Landlord. The cost of reglazing was $163.44.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Realty Waikato Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4553189. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Unpaid rent as of 24 February 2023	$30.00	Unpaid rent as of 24 February 2023
Interior post-exit clean	$1,040.75	Interior post-exit clean
Rubbish removal	$373.75	Rubbish removal
Lawns and gardening	$224.25	Lawns and gardening
Wall repairs	$345.00	Wall repairs
Broken window	$163.44	Broken window

Order

Mark Taylor and Jacinda Groen are to pay Realty Waikato Limited $1137.19 immediately, calculated as follows: DescriptionLandlord Unpaid rent as of 24 February 2023$30.00 Interior post-exit clean$1,040.75 Rubbish removal$373.75 Lawns and gardening$224.25 Wall repairs$345.00 Broken window$163.44 Total award$2,177.19 Minus Bond$1,040.00 Tenant to pay$1,137.19
Bond Services is to release the bond of $1,040.00 to Realty Waikato Limited immediately.

Reasons

The Landlord attended the hearing. The Tenants sought an adjournment of the first hearing but did not attend this hearing. One of the Tenants contacted the registry to advise he would not be at the hearing, and I have the following note: Mark has called to advise he won't be attending today's court hearing. Mark has appointments at the doctors and with windz. Mark is aware an order can still be issued.
I have proceeded without the Tenant, not satisfied that there is sufficient evidence to support a second adjournment.
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 24 February 2023. The Landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $30.00

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. This is established, on balance, by the Landlord’s photographs during and after the tenancy.
The cleaning, completed by a professional cleaner, included the kitchen, oven, bathroom, toilet, laundry, ceilings, walls, windows, frames, floor vacuuming, mopping, and rubbish removal, totalling $1,040.75.
The removal and dumping of rubbish and household goods and property left by the tenant in and around the property came to $373.75.
The lawns were overgrown, as were the gardens. The cost of reinstating them was $224.25. This cost would have been avoidable if the Tenant had kept on top of them.
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:
Holes in walls: Seven holes were patched by cutting squares around each, installing backing boards and new gib board pieces, reinforcing with gauze, plastering and sanding three times each, and a doorstop was installed to prevent further damage from the door handle. The cost of the repairs came to $345.00.
Broken Window: The Tenant accepted responsibility for a broken window in the home, according to the Landlord. The cost of reglazing was $163.44.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Realty Waikato Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4553189 — Cleanliness at 6 Anne Street, Tokoroa 3420

At a glance

Tenancy Tribunal case 4553189 — Cleanliness at 6 Anne Street, Tokoroa 3420

At a glance

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

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