What was the outcome of Tenancy Tribunal case 4709989?

The tribunal order states: Tamzyn Renee Wills must pay Amtos Realty Services Limited As Agent For

How much money was awarded in case 4709989?

Filing Fee: $20.44 awarded to landlord; Property Damage: $321.00 awarded to landlord; Property Damage: $397.67 awarded to landlord; To Carpet In Lounge: $850.00 awarded to landlord; To Wall In Bedroom: $850.00 awarded to landlord; To Wall In Living Room: $850.00 awarded to landlord; Rubbish Removal: $55.00 awarded to landlord

What type of tenancy dispute was case 4709989?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4709989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9826678-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4709989?

The tribunal order states: Tamzyn Renee Wills must pay Amtos Realty Services Limited As Agent For

How much money was awarded in case 4709989?

Filing Fee: $20.44 awarded to landlord; Property Damage: $321.00 awarded to landlord; Property Damage: $397.67 awarded to landlord; To Carpet In Lounge: $850.00 awarded to landlord; To Wall In Bedroom: $850.00 awarded to landlord; To Wall In Living Room: $850.00 awarded to landlord; Rubbish Removal: $55.00 awarded to landlord

What type of tenancy dispute was case 4709989?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4709989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9826678-Tenancy_Tribunal_Order.pdf.

11 Grayson Avenue, Mangakakahi, Rotorua 3015 Tenancy Tribunal Case 4709989 — Property damage

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11 Grayson Avenue, Mangakakahi, Rotorua 3015 Tenancy Tribunal Case 4709989 — 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 4709989 — net $3,344.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$397.67	Window repairs
Lock/key replacement: 4xlocks	$321.00	Lock/key replacement: 4xlocks
Rubbish removal: general rubbish not recycling	$55.00	Rubbish removal: general rubbish not recycling
Repairs: to wall in living room	$850.00	Repairs: to wall in living room
Repairs: to wall in bedroom	$850.00	Repairs: to wall in bedroom
Repairs: to carpet in lounge	$850.00	Repairs: to carpet in lounge
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,344.11
Total payable by Tenant to Landlord	$3,344.11

Claims and awards for application 4709989 — net $3,344.11 NZD. Verify on MoJ.

Window repairs

Amount: $397.67
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement: 4xlocks

Amount: $321.00
Awarded to: Landlord
Reason: Lock/key replacement: 4xlocks

Rubbish removal: general rubbish not recycling

Amount: $55.00
Awarded to: Landlord
Reason: Rubbish removal: general rubbish not recycling

Repairs: to wall in living room

Amount: $850.00
Awarded to: Landlord
Reason: Repairs: to wall in living room

Repairs: to wall in bedroom

Amount: $850.00
Awarded to: Landlord
Reason: Repairs: to wall in bedroom

Dismissed claims

The Recycling Bin — and the charge for the general waste, which was perishable allowed.

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

Tamzyn Renee Wills must pay Amtos Realty Services Limited As Agent For Binoy Binu & Karina Balkhamova $3,344.11 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
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?

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 rubbish removal claim for the recycling bin is dismissed and the charge for the general waste, which was perishable allowed.
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.
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: two walls were damaged and required repair and painting, the carpet in the lounge was burned probably with a portable cooker. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The cost of repairing the walls and replacing the carpet exceeded the insurance excess, which is what the landlord has claimed and is awarded in full.
The amounts ordered are proved.
Because Amtos Realty Services Limited As Agent For Binoy Binu & Karina Balkhamova 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 4709989 — net $3,344.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$397.67	Window repairs
Lock/key replacement: 4xlocks	$321.00	Lock/key replacement: 4xlocks
Rubbish removal: general rubbish not recycling	$55.00	Rubbish removal: general rubbish not recycling
Repairs: to wall in living room	$850.00	Repairs: to wall in living room
Repairs: to wall in bedroom	$850.00	Repairs: to wall in bedroom
Repairs: to carpet in lounge	$850.00	Repairs: to carpet in lounge
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,344.11
Total payable by Tenant to Landlord	$3,344.11

Claims and awards for application 4709989 — net $3,344.11 NZD. Verify on MoJ.

Window repairs

Amount: $397.67
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement: 4xlocks

Amount: $321.00
Awarded to: Landlord
Reason: Lock/key replacement: 4xlocks

Rubbish removal: general rubbish not recycling

Amount: $55.00
Awarded to: Landlord
Reason: Rubbish removal: general rubbish not recycling

Repairs: to wall in living room

Amount: $850.00
Awarded to: Landlord
Reason: Repairs: to wall in living room

Repairs: to wall in bedroom

Amount: $850.00
Awarded to: Landlord
Reason: Repairs: to wall in bedroom

Dismissed claims

The Recycling Bin — and the charge for the general waste, which was perishable allowed.

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

Tamzyn Renee Wills must pay Amtos Realty Services Limited As Agent For Binoy Binu & Karina Balkhamova $3,344.11 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing.
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?

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 rubbish removal claim for the recycling bin is dismissed and the charge for the general waste, which was perishable allowed.
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.
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: two walls were damaged and required repair and painting, the carpet in the lounge was burned probably with a portable cooker. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The cost of repairing the walls and replacing the carpet exceeded the insurance excess, which is what the landlord has claimed and is awarded in full.
The amounts ordered are proved.
Because Amtos Realty Services Limited As Agent For Binoy Binu & Karina Balkhamova has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4709989 — Property damage at 11 Grayson Avenue, Mangakakahi, Rotorua 3015

At a glance

Tenancy Tribunal case 4709989 — Property damage at 11 Grayson Avenue, Mangakakahi, Rotorua 3015

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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