What was the outcome of Tenancy Tribunal case 4715251?

The tribunal order states: Jaymely Materoa and Darion Paringatai must pay Team Group Rentals Limited

How much money was awarded in case 4715251?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power Reconnection: $155.16 awarded to landlord; Property Damage: $2,352.90 awarded to landlord; Rubbish Removal: $321.85 awarded to landlord; Smoke Alarms: $19.89 awarded to landlord

What type of tenancy dispute was case 4715251?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4715251?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9677579-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4715251?

The tribunal order states: Jaymely Materoa and Darion Paringatai must pay Team Group Rentals Limited

How much money was awarded in case 4715251?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Power Reconnection: $155.16 awarded to landlord; Property Damage: $2,352.90 awarded to landlord; Rubbish Removal: $321.85 awarded to landlord; Smoke Alarms: $19.89 awarded to landlord

What type of tenancy dispute was case 4715251?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4715251?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9677579-Tenancy_Tribunal_Order.pdf.

25 Kukutauaki Road, Koputaroa, RD 5, Shannon 5575 Tenancy Tribunal Case 4715251 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4715251 — net $3,070.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$200.00	Cleaning
Rubbish removal	$321.85	Rubbish removal
Replace smoke alarms	$19.89	Replace smoke alarms
Repairs	$2,352.90	Repairs
Power reconnection	$155.16	Power reconnection
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,070.24
Total payable by Tenant to Landlord	$3,070.24

The landlord attended the hearing, represented by Mr Skirman. 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.

The tenancy began on 9 November 2022 and ended on 31 August 2023, the tenants having given notice. By consent the bond was released to cover some rent arrears and damage to the garage.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.

The landlord produced a pre-entry inspection report as well as photographs at the end of the tenancy showing that tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Items were left strewn about the property and in the garage and the recycling bin was full of non- recyclable rubbish. The landlord submitted an invoice for $200.00 for cleaning and another one for $321.85 for rubbish removal.

In addition, the photographs showed that a smoke alarm had been removed. The landlord submitted a receipt for $19.89.

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 landlord provided photographs and invoices for the claims for repairs. Items such as curtain rails, toilet roll holder, door handles had been ripped from the wall. Some curtains were left on the floor, but the curtain and rail which covered the polycarb security door was missing. There were numerous small holes in the walls, some scribbling on a wall, and a piece of laminate had broken off the kitchen bar area. In one small area of a bedroom floor there was a patch of deep scratching.

The following is a list of repairs required as a result of damage caused during the tenancy and the cost of repairs or replacement, for which itemised invoices were provided: Crack in polycarb security door$708.95 Repair of door handle, toilet roll and reconnection of curtain rails in 2 rooms$452.50 Repair of holes and scribbling, repaint$447.35 Repair laminated and fill holes, repaint$217.35 Sand and varnish floor$373.75 Replace missing curtain rail$153.00 $2,352.90

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The property had been painted inside 6 months before the tenancy began. I make no adjustment for depreciation.

The landlord said that during the time it took for the repairs to be undertaken, the power was disconnected. The landlord had to pay for reconnection and power in order to repair the property. He provided an invoice for $155.16.

The amounts ordered are proved.

Because Team Group Rentals Limited as Agent for Morteza Shahi has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4715251 — net $3,070.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$200.00	Cleaning
Rubbish removal	$321.85	Rubbish removal
Replace smoke alarms	$19.89	Replace smoke alarms
Repairs	$2,352.90	Repairs
Power reconnection	$155.16	Power reconnection
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,070.24
Total payable by Tenant to Landlord	$3,070.24

Order

Jaymely Materoa and Darion Paringatai must pay Team Group Rentals Limited as Agent For Morteza Shahi $3,070.24 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, represented by Mr Skirman. 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.
The tenancy began on 9 November 2022 and ended on 31 August 2023, the tenants having given notice. By consent the bond was released to cover some rent arrears and damage to the garage.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord produced a pre-entry inspection report as well as photographs at the end of the tenancy showing that tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Items were left strewn about the property and in the garage and the recycling bin was full of non- recyclable rubbish. The landlord submitted an invoice for $200.00 for cleaning and another one for $321.85 for rubbish removal.
In addition, the photographs showed that a smoke alarm had been removed. The landlord submitted a receipt for $19.89.
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 landlord provided photographs and invoices for the claims for repairs. Items such as curtain rails, toilet roll holder, door handles had been ripped from the wall. Some curtains were left on the floor, but the curtain and rail which covered the polycarb security door was missing. There were numerous small holes in the walls, some scribbling on a wall, and a piece of laminate had broken off the kitchen bar area. In one small area of a bedroom floor there was a patch of deep scratching.
The following is a list of repairs required as a result of damage caused during the tenancy and the cost of repairs or replacement, for which itemised invoices were provided: Crack in polycarb security door$708.95 Repair of door handle, toilet roll and reconnection of curtain rails in 2 rooms$452.50 Repair of holes and scribbling, repaint$447.35 Repair laminated and fill holes, repaint$217.35 Sand and varnish floor$373.75 Replace missing curtain rail$153.00 $2,352.90
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The property had been painted inside 6 months before the tenancy began. I make no adjustment for depreciation.
The landlord said that during the time it took for the repairs to be undertaken, the power was disconnected. The landlord had to pay for reconnection and power in order to repair the property. He provided an invoice for $155.16.
The amounts ordered are proved.
Because Team Group Rentals Limited as Agent for Morteza Shahi has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4715251 — Property damage at 25 Kukutauaki Road, Koputaroa, RD 5, Shannon 5575

At a glance

Tenancy Tribunal case 4715251 — Property damage at 25 Kukutauaki Road, Koputaroa, RD 5, Shannon 5575

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