How much money was awarded in case 4619252?

Filing Fee: $20.44 awarded to landlord; Holes In Walls - Bedroom And Lounge: $500.00 awarded to landlord; Lawns and Garden Work: $250.70 awarded to landlord; Property Damage: $116.44 awarded to landlord; Property Damage: $730.00 awarded to landlord; Rent Arrears: $64.29 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Replace Clothesline: $264.57 awarded to landlord; Rubbish Removal: $799.31 awarded to landlord

What type of tenancy dispute was case 4619252?

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

Where can I read the official tribunal order for case 4619252?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9465272-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4619252?

Filing Fee: $20.44 awarded to landlord; Holes In Walls - Bedroom And Lounge: $500.00 awarded to landlord; Lawns and Garden Work: $250.70 awarded to landlord; Property Damage: $116.44 awarded to landlord; Property Damage: $730.00 awarded to landlord; Rent Arrears: $64.29 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Replace Clothesline: $264.57 awarded to landlord; Rubbish Removal: $799.31 awarded to landlord

What type of tenancy dispute was case 4619252?

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

Where can I read the official tribunal order for case 4619252?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9465272-Tenancy_Tribunal_Order.pdf.

359A Kahikatea Drive, Dinsdale, Hamilton 3204 Tenancy Tribunal Case 4619252 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4619252?

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 4619252 — net $2,505.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/5/2023	$64.29	Rent arrears to 11/5/2023
Holes in walls - bedroom and lounge	$500.00	Holes in walls - bedroom and lounge
Window repairs	$116.44	Window repairs
Lock/key replacement	$730.00	Lock/key replacement
Lawns and Garden work	$250.70	Lawns and Garden work
Rubbish removal	$799.31	Rubbish removal
Repairs: replace and repair 10 doors	$1,200.00	Repairs: replace and repair 10 doors
Replace clothesline	$264.57	Replace clothesline
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,505.75
Total payable by Tenant to Landlord	$2,505.75

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

Pipi Emily Te Tomo must pay Monarch Realty Limited T/A Harcourts Property Management As Agent For Trevor Roberts $2,505.75 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,440.00 (3437367-012) to Monarch Realty Limited T/A Harcourts Property Management As Agent For Trevor Roberts immediately.

Reasons

Only the applicant 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?

The tenancy ended on 11 May 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, 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The lawns and gardens were overgrown and an arear of lawn required replanting.

The tenant did not return the keys.

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: several walls and doors were damaged, a window had been repaired but with glass that did not fit and the clothesline which was less than a year old was damaged. 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. The claim for replacement doors is reduced because there is an element of fair wear and tear with the door hardware. The claim for repairing walls is only for repairs and not painting, it is allowed in full.

Because Monarch Realty Limited T/A Harcourts Property Management As Agent For Trevor Roberts has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4619252 — net $2,505.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11/5/2023	$64.29	Rent arrears to 11/5/2023
Holes in walls - bedroom and lounge	$500.00	Holes in walls - bedroom and lounge
Window repairs	$116.44	Window repairs
Lock/key replacement	$730.00	Lock/key replacement
Lawns and Garden work	$250.70	Lawns and Garden work
Rubbish removal	$799.31	Rubbish removal
Repairs: replace and repair 10 doors	$1,200.00	Repairs: replace and repair 10 doors
Replace clothesline	$264.57	Replace clothesline
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,505.75
Total payable by Tenant to Landlord	$2,505.75

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Pipi Emily Te Tomo must pay Monarch Realty Limited T/A Harcourts Property Management As Agent For Trevor Roberts $2,505.75 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,440.00 (3437367-012) to Monarch Realty Limited T/A Harcourts Property Management As Agent For Trevor Roberts immediately.

Reasons

Only the applicant 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?

The tenancy ended on 11 May 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, 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The lawns and gardens were overgrown and an arear of lawn required replanting.
The tenant did not return the keys.
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: several walls and doors were damaged, a window had been repaired but with glass that did not fit and the clothesline which was less than a year old was damaged. 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. The claim for replacement doors is reduced because there is an element of fair wear and tear with the door hardware. The claim for repairing walls is only for repairs and not painting, it is allowed in full.
Because Monarch Realty Limited T/A Harcourts Property Management As Agent For Trevor Roberts has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4619252 — Property damage at 359A Kahikatea Drive, Dinsdale, Hamilton 3204

At a glance

Tenancy Tribunal case 4619252 — Property damage at 359A Kahikatea Drive, Dinsdale, Hamilton 3204

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