How much money was awarded in case 4693909?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $265.00 awarded to landlord; Rent Arrears: $2,822.86 awarded to landlord; Fence: $192.05 awarded to landlord

What type of tenancy dispute was case 4693909?

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

Where can I read the official tribunal order for case 4693909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9767085-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4693909?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $265.00 awarded to landlord; Rent Arrears: $2,822.86 awarded to landlord; Fence: $192.05 awarded to landlord

What type of tenancy dispute was case 4693909?

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

Where can I read the official tribunal order for case 4693909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9767085-Tenancy_Tribunal_Order.pdf.

8 Clifford Street, Hawera, Hawera 4610 Tenancy Tribunal Case 4693909 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4693909?

The tribunal order states: Crystal Pakiana Masters and Taynisha Marie Broughton must pay Mills Gibbon

Order

Claims and awards in Tenancy Tribunal application 4693909 — net $1,220.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 9.10.23	$2,822.86	Rent arrears as at 9.10.23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lawns and Garden work	$265.00	Lawns and Garden work
Repairs: Fence	$192.05	Repairs: Fence
Net award	$1,220.35
Total payable by Tenant to Landlord	$1,220.35

Crystal Pakiana Masters and Taynisha Marie Broughton must pay Mills Gibbon And Co Limited As Agent For Malibu Trust $1,220.35 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,080.00 (5666830-006) to Mills Gibbon And Co Limited As Agent For Malibu Trust immediately.

Reasons

The landlord attended the hearing by remote teleconference. Attempts to contact both tenants on the telephone numbers provided were unsuccessful.

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 9 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the rent ledger as provided by the landlord I am satisfied that the tenants are responsible for payment of this debt.

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 tenants did not leave the lawn and garden area in a satisfactory condition. The landlord provided photographic evidence of the lawns taken at the time of the exit inspection on 11 October 2023. An invoice confirming the maintenance work carried out was also provided by the landlord.

This claim is allowed.

The claim in respect of rubbish removal was withdrawn by the landlord during the hearing.

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 landlord provided photographic evidence confirming damage to the fence located at the front of the property. The fence had to be repaired. An invoice and photographic evidence was provided by the landlord in support of this claim. The claim is reasonable based on the evidence provided. It is my view that the damage is intentional.

The amounts ordered are proved.

Because Mills Gibbon And Co Limited As Agent For Malibu Trust has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4693909 — net $1,220.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 9.10.23	$2,822.86	Rent arrears as at 9.10.23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lawns and Garden work	$265.00	Lawns and Garden work
Repairs: Fence	$192.05	Repairs: Fence
Net award	$1,220.35
Total payable by Tenant to Landlord	$1,220.35

Order

Crystal Pakiana Masters and Taynisha Marie Broughton must pay Mills Gibbon And Co Limited As Agent For Malibu Trust $1,220.35 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 (5666830-006) to Mills Gibbon And Co Limited As Agent For Malibu Trust immediately.

Reasons

The landlord attended the hearing by remote teleconference. Attempts to contact both tenants on the telephone numbers provided were unsuccessful.
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 9 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. Having sighted the rent ledger as provided by the landlord I am satisfied that the tenants are responsible for payment of this debt.

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 tenants did not leave the lawn and garden area in a satisfactory condition. The landlord provided photographic evidence of the lawns taken at the time of the exit inspection on 11 October 2023. An invoice confirming the maintenance work carried out was also provided by the landlord.
This claim is allowed.
The claim in respect of rubbish removal was withdrawn by the landlord during the hearing.

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 landlord provided photographic evidence confirming damage to the fence located at the front of the property. The fence had to be repaired. An invoice and photographic evidence was provided by the landlord in support of this claim. The claim is reasonable based on the evidence provided. It is my view that the damage is intentional.
The amounts ordered are proved.
Because Mills Gibbon And Co Limited As Agent For Malibu Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4693909 — Rent arrears at 8 Clifford Street, Hawera, Hawera 4610

At a glance

Tenancy Tribunal case 4693909 — Rent arrears at 8 Clifford Street, Hawera, Hawera 4610

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