How much money was awarded in case 4590069?

Cleaning: $240.00 awarded to landlord; Rubbish Removal: $1,537.00 awarded to landlord; Property Damage: $913.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Filing Application Fees: $81.76 awarded to landlord; Property Damage: $1,024.74 awarded to landlord; Rent Arrears: $2,241.71 awarded to landlord; Walls: $490.00 awarded to landlord; Rubbish Removal: $565.00 awarded to landlord

What type of tenancy dispute was case 4590069?

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

Where can I read the official tribunal order for case 4590069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9220144-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4590069?

Cleaning: $240.00 awarded to landlord; Rubbish Removal: $1,537.00 awarded to landlord; Property Damage: $913.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Filing Application Fees: $81.76 awarded to landlord; Property Damage: $1,024.74 awarded to landlord; Rent Arrears: $2,241.71 awarded to landlord; Walls: $490.00 awarded to landlord; Rubbish Removal: $565.00 awarded to landlord

What type of tenancy dispute was case 4590069?

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

Where can I read the official tribunal order for case 4590069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9220144-Tenancy_Tribunal_Order.pdf.

27 Hackett Street, Whanganui East, Whanganui 4500 Tenancy Tribunal Case 4590069 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4590069?

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

Order

Claims and awards in Tenancy Tribunal application 4590069 — net $5,673.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,241.71	Rent arrears
Carpet Cleaning	$240.00	Carpet Cleaning
Cleaning: and rubbish removal and chattel replacements	$1,537.00	Cleaning: and rubbish removal and chattel replacements
Electrical fittings replacement/repair: stove	$913.00	Electrical fittings replacement/repair: stove
Rubbish removal: skip bin hire	$565.00	Rubbish removal: skip bin hire
Window repairs	$1,024.74	Window repairs
Repairs: walls	$490.00	Repairs: walls
Filing fee reimbursement: this application	$20.44	this application
Previous filing application fees	$81.76	Previous filing application fees
Net award	$5,673.65
Total payable by Tenant to Landlord	$5,673.65

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

The Bond Centre must refund the bond of $1,440.00 in full to the landlord immediately.

Mykael Maihi Fore-Ratima and Mere Maihi must pay Property Brokers Limited As Agent For Ratha (Mark) And Ly-Sivly Mao $5,673.65 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$2,241.71 Carpet Cleaning$240.00 Cleaning: and rubbish removal and chattel replacements $1,537.00 Electrical fittings replacement/repair: stove$913.00 Rubbish removal: skip bin hire$565.00 Window repairs$1,024.74 Repairs: walls$490.00 Filing fee reimbursement: this application$20.44 Previous filing application fees$81.76 Total award$7,113.65 Bond$1,440.00 Total payable by Tenant to Landlord$5,673.65

Reasons

The landlord attended the hearing.

The tenant did not attend 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?

The tenancy ended on 4 April 2023. The landlord provided rent records 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 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 provided photographic evidence that tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. It appeared from the photographs that the tenant had taken what they wished to keep and then simply left the property leaving behind anything they wished to discard. It appeared that no attempt had been made to clean the property or leave it tidy.

The following chattels were missing at the end of the tenancy: the shower curtain, a curtain, hooks and latches and lightbulbs.

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 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: wallpaper was ripped in a number of places, holes were punched or forcibly made in a number of walls, a ranch slider’s glass panel was broken, a window latch in the laundry was broken forcibly, part of the gas stove top was removed and a door handle was broken.

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

The landlord has satisfied the Tribunal that this damage was caused intentionally.

The amounts ordered are proved.

I have considered betterment and depreciation. The landlord explained that the parts removed from the gas stove could not be replaced because it was more than five years old. Instead, it was replaced with an electric stove. I am satisfied that the amount expended in the purchase of the stove was less than the depreciated value of the gas stove and have therefore awarded the full replacement cost.

The landlord advised that it had previously made four applications to the Tribunal for termination for rent arrears. On each occasion, the tenant had paid the arrears just before the hearing. The landlord had therefore responsibly withdrawn the application. The landlord included in its application a claim for the four filing fees. The amount claimed is a loss resulting from the tenant’s breach of their legal obligation to pay rent. These amounts are awarded as compensation to the landlord.

Because Property Brokers Limited As Agent For Ratha (Mark) And Ly-Sivly Mao has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4590069 — net $5,673.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,241.71	Rent arrears
Carpet Cleaning	$240.00	Carpet Cleaning
Cleaning: and rubbish removal and chattel replacements	$1,537.00	Cleaning: and rubbish removal and chattel replacements
Electrical fittings replacement/repair: stove	$913.00	Electrical fittings replacement/repair: stove
Rubbish removal: skip bin hire	$565.00	Rubbish removal: skip bin hire
Window repairs	$1,024.74	Window repairs
Repairs: walls	$490.00	Repairs: walls
Filing fee reimbursement: this application	$20.44	this application
Previous filing application fees	$81.76	Previous filing application fees
Net award	$5,673.65
Total payable by Tenant to Landlord	$5,673.65

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Bond Centre must refund the bond of $1,440.00 in full to the landlord immediately.
Mykael Maihi Fore-Ratima and Mere Maihi must pay Property Brokers Limited As Agent For Ratha (Mark) And Ly-Sivly Mao $5,673.65 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$2,241.71 Carpet Cleaning$240.00 Cleaning: and rubbish removal and chattel replacements $1,537.00 Electrical fittings replacement/repair: stove$913.00 Rubbish removal: skip bin hire$565.00 Window repairs$1,024.74 Repairs: walls$490.00 Filing fee reimbursement: this application$20.44 Previous filing application fees$81.76 Total award$7,113.65 Bond$1,440.00 Total payable by Tenant to Landlord$5,673.65

Reasons

The landlord attended the hearing.
The tenant did not attend 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?

The tenancy ended on 4 April 2023. The landlord provided rent records 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 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 provided photographic evidence that tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. It appeared from the photographs that the tenant had taken what they wished to keep and then simply left the property leaving behind anything they wished to discard. It appeared that no attempt had been made to clean the property or leave it tidy.
The following chattels were missing at the end of the tenancy: the shower curtain, a curtain, hooks and latches and lightbulbs.
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 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: wallpaper was ripped in a number of places, holes were punched or forcibly made in a number of walls, a ranch slider’s glass panel was broken, a window latch in the laundry was broken forcibly, part of the gas stove top was removed and a door handle was broken.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The landlord has satisfied the Tribunal that this damage was caused intentionally.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord explained that the parts removed from the gas stove could not be replaced because it was more than five years old. Instead, it was replaced with an electric stove. I am satisfied that the amount expended in the purchase of the stove was less than the depreciated value of the gas stove and have therefore awarded the full replacement cost.
The landlord advised that it had previously made four applications to the Tribunal for termination for rent arrears. On each occasion, the tenant had paid the arrears just before the hearing. The landlord had therefore responsibly withdrawn the application. The landlord included in its application a claim for the four filing fees. The amount claimed is a loss resulting from the tenant’s breach of their legal obligation to pay rent. These amounts are awarded as compensation to the landlord.
Because Property Brokers Limited As Agent For Ratha (Mark) And Ly-Sivly Mao has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4590069 — Property damage at 27 Hackett Street, Whanganui East, Whanganui 4500

At a glance

Tenancy Tribunal case 4590069 — Property damage at 27 Hackett Street, Whanganui East, Whanganui 4500

At a glance

Award balance

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

Award balance

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