How much money was awarded in case 4639029?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $223.99 awarded to landlord; Property Damage: $754.60 awarded to landlord; Rent Arrears: $642.86 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 4639029?

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

Where can I read the official tribunal order for case 4639029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9346471-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4639029?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $223.99 awarded to landlord; Property Damage: $754.60 awarded to landlord; Rent Arrears: $642.86 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 4639029?

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

Where can I read the official tribunal order for case 4639029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9346471-Tenancy_Tribunal_Order.pdf.

70 Smiths Road, Southbridge, RD 3, Southbridge 7683 Tenancy Tribunal Case 4639029 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4639029?

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 4639029 — net $241.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 July 2023	$642.86	Rent arrears to 17 July 2023
Carpet Cleaning	$200.00	Carpet Cleaning
Rubbish removal	$200.00	Rubbish removal
Lock/key replacement	$223.99	Lock/key replacement
Repairs and painting	$754.60	Repairs and painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$241.89
Total payable by Tenant to Landlord	$241.89

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

Laura Clifford (now Laura Maxwell-Shadbolt) and Kieran James Jeremiah Clifford must pay Kawatiri Property Management Limited as Agent for Sandra Sparks $241.89 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,800.00 (5940065-006) to Kawatiri Property Management Limited as Agent for Sandra Sparks immediately.

Kawatiri Property Management Limited as Agent for Sandra Sparks must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

The amount owing to the applicant out of the proceeds of any sale is $241.89.

Kawatiri Property Management Limited as Agent for Sandra Sparks must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing by telephone. The tenants did not attend.

The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent

The tenancy ended on 17 July 2023. The landlord provided rent records proving the amount owing at the end of the tenancy as ordered. Other Claims

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices.

The tenant must not carelessly or intentionally damage 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.

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).

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).

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

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

Doors and a section of wall were damaged during the tenancy. The damage was caused by the tenants’ dog that was left inside the closed rooms and scratched the doors and wall. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I find that the damage was intentional because the tenants must have known that the damage would occur in the circumstances. In any case the damage is below the insurance excess on the property and so insurance is irrelevant.

The amounts ordered were proved by the production of photographs and invoices. Disposal of Goods

The landlord has applied for the disposal of goods that the tenants left at the premises at the end of the tenancy.

The landlord has been unable to contact the tenants.

It is not practicable for the landlord to the return the goods to the tenants. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.

The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the Bond Centre.

The landlord may dispose of any goods that have no saleable value. Filing Fee

The landlord has succeeded and so the tenants must pay the filing fee.

Claims and awards in Tenancy Tribunal application 4639029 — net $241.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 July 2023	$642.86	Rent arrears to 17 July 2023
Carpet Cleaning	$200.00	Carpet Cleaning
Rubbish removal	$200.00	Rubbish removal
Lock/key replacement	$223.99	Lock/key replacement
Repairs and painting	$754.60	Repairs and painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$241.89
Total payable by Tenant to Landlord	$241.89

Order

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.
Laura Clifford (now Laura Maxwell-Shadbolt) and Kieran James Jeremiah Clifford must pay Kawatiri Property Management Limited as Agent for Sandra Sparks $241.89 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,800.00 (5940065-006) to Kawatiri Property Management Limited as Agent for Sandra Sparks immediately.
Kawatiri Property Management Limited as Agent for Sandra Sparks must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $241.89.
Kawatiri Property Management Limited as Agent for Sandra Sparks must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing by telephone. The tenants did not attend.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 17 July 2023. The landlord provided rent records proving the amount owing at the end of the tenancy as ordered. Other Claims
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices.
The tenant must not carelessly or intentionally damage 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.
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).
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).
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
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
Doors and a section of wall were damaged during the tenancy. The damage was caused by the tenants’ dog that was left inside the closed rooms and scratched the doors and wall. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I find that the damage was intentional because the tenants must have known that the damage would occur in the circumstances. In any case the damage is below the insurance excess on the property and so insurance is irrelevant.
The amounts ordered were proved by the production of photographs and invoices. Disposal of Goods
The landlord has applied for the disposal of goods that the tenants left at the premises at the end of the tenancy.
The landlord has been unable to contact the tenants.
It is not practicable for the landlord to the return the goods to the tenants. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the Bond Centre.
The landlord may dispose of any goods that have no saleable value. Filing Fee
The landlord has succeeded and so the tenants must pay the filing fee.

Tenancy Tribunal case 4639029 — Property damage at 70 Smiths Road, Southbridge, RD 3, Southbridge 7683

At a glance

Tenancy Tribunal case 4639029 — Property damage at 70 Smiths Road, Southbridge, RD 3, Southbridge 7683

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions