What was the outcome of Tenancy Tribunal case 4557352?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4557352?

Filing Fee: $20.44 awarded to landlord; Property Damage: $402.50 awarded to landlord; Property Damage: $287.50 awarded to landlord; Property Damage: $454.02 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord; Water Charges To January 2023: $621.58 awarded to landlord

What type of tenancy dispute was case 4557352?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4557352?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9325080-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4557352?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4557352?

Filing Fee: $20.44 awarded to landlord; Property Damage: $402.50 awarded to landlord; Property Damage: $287.50 awarded to landlord; Property Damage: $454.02 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord; Water Charges To January 2023: $621.58 awarded to landlord

What type of tenancy dispute was case 4557352?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4557352?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9325080-Tenancy_Tribunal_Order.pdf.

4A Rapoi Lane, Karaka, Papakura 2113 Tenancy Tribunal Case 4557352 — Property damage

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4A Rapoi Lane, Karaka, Papakura 2113 Tenancy Tribunal Case 4557352 — 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 4557352 — net $2,303.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replacement blinds	$402.50	Replacement blinds
Wall repairs	$287.50	Wall repairs
Cleaning and rubbish removal	$517.50	Cleaning and rubbish removal
Lock/key replacement	$454.02	Lock/key replacement
Water charges to January 2023	$621.58	Water charges to January 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,303.54
Total payable by Tenant to Landlord	$2,303.54

Claims and awards for application 4557352 — net $2,303.54 NZD. Verify on MoJ.

Replacement blinds

Amount: $402.50
Awarded to: Landlord
Reason: Replacement blinds

Wall repairs

Amount: $287.50
Awarded to: Landlord
Reason: Wall repairs

Cleaning and rubbish removal

Amount: $517.50
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Lock/key replacement

Amount: $454.02
Awarded to: Landlord
Reason: Lock/key replacement

Water charges to January 2023

Amount: $621.58
Awarded to: Landlord
Reason: Water charges to January 2023

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Micheala Jane Bruce must pay Barfoot & Thompson Limited - as Agent for Rainmaker 2020 Trust Ltd $2,303.54 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water?

The tenancy ended on 15 March 2023. 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. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was a need for cleaning in the bathroom and kitchen and areas of flooring. Large items of furniture were left behind.
The tenant did not return the keys. The landlord had to change the locks to secure the property.

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.
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 4 weeks' rent. The excess was $650.00 and the weekly rent was $710.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
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.
There was a large hole in the wall near the kitchen at the end of the tenancy and the lounge blinds were ripped. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has succeeded. The filing fee must be awarded.

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 4557352 — net $2,303.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replacement blinds	$402.50	Replacement blinds
Wall repairs	$287.50	Wall repairs
Cleaning and rubbish removal	$517.50	Cleaning and rubbish removal
Lock/key replacement	$454.02	Lock/key replacement
Water charges to January 2023	$621.58	Water charges to January 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,303.54
Total payable by Tenant to Landlord	$2,303.54

Claims and awards for application 4557352 — net $2,303.54 NZD. Verify on MoJ.

Replacement blinds

Amount: $402.50
Awarded to: Landlord
Reason: Replacement blinds

Wall repairs

Amount: $287.50
Awarded to: Landlord
Reason: Wall repairs

Cleaning and rubbish removal

Amount: $517.50
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Lock/key replacement

Amount: $454.02
Awarded to: Landlord
Reason: Lock/key replacement

Water charges to January 2023

Amount: $621.58
Awarded to: Landlord
Reason: Water charges to January 2023

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Micheala Jane Bruce must pay Barfoot & Thompson Limited - as Agent for Rainmaker 2020 Trust Ltd $2,303.54 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water?

The tenancy ended on 15 March 2023. 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. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was a need for cleaning in the bathroom and kitchen and areas of flooring. Large items of furniture were left behind.
The tenant did not return the keys. The landlord had to change the locks to secure the property.

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.
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 4 weeks' rent. The excess was $650.00 and the weekly rent was $710.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
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.
There was a large hole in the wall near the kitchen at the end of the tenancy and the lounge blinds were ripped. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has succeeded. The filing fee must be awarded.

Tenancy Tribunal case 4557352 — Property damage at 4A Rapoi Lane, Karaka, Papakura 2113

At a glance

Tenancy Tribunal case 4557352 — Property damage at 4A Rapoi Lane, Karaka, Papakura 2113

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Key findings

Property management

Frequently asked questions