What was the outcome of Tenancy Tribunal case 4698109?

The tribunal order states: Pamela Clotworthy must pay Mills Gibbon & Co Limited T/A First National

How much money was awarded in case 4698109?

Cleaning: $950.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $558.94 awarded to landlord; Property Damage: $2,968.07 awarded to landlord; Rubbish Removal: $1,844.12 awarded to landlord

What type of tenancy dispute was case 4698109?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4698109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9894611-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4698109?

The tribunal order states: Pamela Clotworthy must pay Mills Gibbon & Co Limited T/A First National

How much money was awarded in case 4698109?

Cleaning: $950.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $558.94 awarded to landlord; Property Damage: $2,968.07 awarded to landlord; Rubbish Removal: $1,844.12 awarded to landlord

What type of tenancy dispute was case 4698109?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4698109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9894611-Tenancy_Tribunal_Order.pdf.

30 Hakeke Street, Whanganui East, Whanganui 4500 Tenancy Tribunal Case 4698109 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

30 Hakeke Street, Whanganui East, Whanganui 4500 Tenancy Tribunal Case 4698109 — 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 4698109 — net $6,341.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$950.00	Cleaning
Lock/key replacement	$558.94	Lock/key replacement
Rubbish removal: incl skip	$1,844.12	Rubbish removal: incl skip
Repairs	$2,968.07	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,341.57
Total payable by Tenant to Landlord	$6,341.57

Claims and awards for application 4698109 — net $6,341.57 NZD. Verify on MoJ.

Cleaning

Amount: $950.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $558.94
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal: incl skip

Amount: $1,844.12
Awarded to: Landlord
Reason: Rubbish removal: incl skip

Repairs

Amount: $2,968.07
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Pamela Clotworthy must pay Mills Gibbon & Co Limited T/A First National Collective As Agent For Rising Sun Property Limited $6,341.57 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The tenancy ended on 25 July 2023 as a result of a termination order.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish an return all keys and security devices. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs showing the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord submitted invoices for cleaning, rubbish removal and skip hire as well as lock replacement.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord provided photographs showing holes in the walls in the hallway and bedrooms and damaged window sills and window frames, apparently from a dog chewing. The damage is more than fair wear and tear. 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.
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.
I am satisfied that the damage was intentional.
The landlord submitted a quote for replacement of the gib and painting, totalling $2,968.07. The landlord is now refurbishing the property. The work is underway. A quote for the full refurbishment includes repairs of the gib board and repaint of the bedrooms and hallway at $9,500.
I am satisfied that the quote of $2,968.07 for the repairs alone is therefore reasonable and that ordering that amount does not place the landlord in a better position than prior to the damage.
The amounts ordered are proved.
Because Mills Gibbon & Co Limited T/A First National Collective As Agent For Rising Sun Property Limited has wholly succeeded with the claim I must reimburse the filing fee.

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 4698109 — net $6,341.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$950.00	Cleaning
Lock/key replacement	$558.94	Lock/key replacement
Rubbish removal: incl skip	$1,844.12	Rubbish removal: incl skip
Repairs	$2,968.07	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,341.57
Total payable by Tenant to Landlord	$6,341.57

Claims and awards for application 4698109 — net $6,341.57 NZD. Verify on MoJ.

Cleaning

Amount: $950.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $558.94
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal: incl skip

Amount: $1,844.12
Awarded to: Landlord
Reason: Rubbish removal: incl skip

Repairs

Amount: $2,968.07
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Pamela Clotworthy must pay Mills Gibbon & Co Limited T/A First National Collective As Agent For Rising Sun Property Limited $6,341.57 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The tenancy ended on 25 July 2023 as a result of a termination order.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish an return all keys and security devices. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs showing the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord submitted invoices for cleaning, rubbish removal and skip hire as well as lock replacement.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord provided photographs showing holes in the walls in the hallway and bedrooms and damaged window sills and window frames, apparently from a dog chewing. The damage is more than fair wear and tear. 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.
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.
I am satisfied that the damage was intentional.
The landlord submitted a quote for replacement of the gib and painting, totalling $2,968.07. The landlord is now refurbishing the property. The work is underway. A quote for the full refurbishment includes repairs of the gib board and repaint of the bedrooms and hallway at $9,500.
I am satisfied that the quote of $2,968.07 for the repairs alone is therefore reasonable and that ordering that amount does not place the landlord in a better position than prior to the damage.
The amounts ordered are proved.
Because Mills Gibbon & Co Limited T/A First National Collective As Agent For Rising Sun Property Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4698109 — Property damage at 30 Hakeke Street, Whanganui East, Whanganui 4500

At a glance

Tenancy Tribunal case 4698109 — Property damage at 30 Hakeke Street, Whanganui East, Whanganui 4500

At a glance

Award balance

Claims & awards

Order

Reasons

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

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