What was the outcome of Tenancy Tribunal case 4724029?

The tribunal order states: Maora-Rose Kuini Ngarimu must pay Cherry Alison Channon $1,595.44

How much money was awarded in case 4724029?

Filing Fee: $20.44 awarded to landlord; Lightbulbs: $185.00 awarded to landlord; Replace 5 Doors And Kitchen Cabinets: $1,650.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 4724029?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4724029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10456379-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4724029?

The tribunal order states: Maora-Rose Kuini Ngarimu must pay Cherry Alison Channon $1,595.44

How much money was awarded in case 4724029?

Filing Fee: $20.44 awarded to landlord; Lightbulbs: $185.00 awarded to landlord; Replace 5 Doors And Kitchen Cabinets: $1,650.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 4724029?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4724029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10456379-Tribunal_Order.pdf.

10A Moore Street, Ohakune, Ohakune 4625 Tenancy Tribunal Case 4724029 — Property damage

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10A Moore Street, Ohakune, Ohakune 4625 Tenancy Tribunal Case 4724029 — 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 4724029 — net $1,595.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: replace 5 doors and kitchen cabinets	$1,650.00	Repairs: replace 5 doors and kitchen cabinets
Repairs: ceiling and replace lightbulbs	$185.00	Repairs: ceiling and replace lightbulbs
Rubbish removal	$200.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,595.44
Total payable by Tenant to Landlord	$1,595.44

Claims and awards for application 4724029 — net $1,595.44 NZD. Verify on MoJ.

Repairs: replace 5 doors and kitchen cabinets

Amount: $1,650.00
Awarded to: Landlord
Reason: Repairs: replace 5 doors and kitchen cabinets

Repairs: ceiling and replace lightbulbs

Amount: $185.00
Awarded to: Landlord
Reason: Repairs: ceiling and replace lightbulbs

Rubbish removal

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $1,595.44

Total payable by Tenant to Landlord

Landlord $1,595.44

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

Maora-Rose Kuini Ngarimu must pay Cherry Alison Channon $1,595.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $460.00 (3183859-012) to Cherry Alison Channon immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not attend.
The application had been adjourned to enable service on the tenant which I am now satisfied has occurred at the new address provided.
The landlord has applied for compensation, refund of the bond, 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 remove all rubbish. The lawns required mowing.
The landlord had to replace light bulbs and repair a light fitting and the ceiling.
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.
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: 5 doors were so badly damaged they could not be repaired and the kitchen cabinetry was also damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amounts ordered are to repair the damage only.
The tenant is to pay the filing fee as the application is successful.

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 4724029 — net $1,595.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: replace 5 doors and kitchen cabinets	$1,650.00	Repairs: replace 5 doors and kitchen cabinets
Repairs: ceiling and replace lightbulbs	$185.00	Repairs: ceiling and replace lightbulbs
Rubbish removal	$200.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,595.44
Total payable by Tenant to Landlord	$1,595.44

Claims and awards for application 4724029 — net $1,595.44 NZD. Verify on MoJ.

Repairs: replace 5 doors and kitchen cabinets

Amount: $1,650.00
Awarded to: Landlord
Reason: Repairs: replace 5 doors and kitchen cabinets

Repairs: ceiling and replace lightbulbs

Amount: $185.00
Awarded to: Landlord
Reason: Repairs: ceiling and replace lightbulbs

Rubbish removal

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $1,595.44

Total payable by Tenant to Landlord

Landlord $1,595.44

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

Maora-Rose Kuini Ngarimu must pay Cherry Alison Channon $1,595.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $460.00 (3183859-012) to Cherry Alison Channon immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not attend.
The application had been adjourned to enable service on the tenant which I am now satisfied has occurred at the new address provided.
The landlord has applied for compensation, refund of the bond, 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 remove all rubbish. The lawns required mowing.
The landlord had to replace light bulbs and repair a light fitting and the ceiling.
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.
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: 5 doors were so badly damaged they could not be repaired and the kitchen cabinetry was also damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amounts ordered are to repair the damage only.
The tenant is to pay the filing fee as the application is successful.

Tenancy Tribunal case 4724029 — Property damage at 10A Moore Street, Ohakune, Ohakune 4625

At a glance

Tenancy Tribunal case 4724029 — Property damage at 10A Moore Street, Ohakune, Ohakune 4625

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

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

Frequently asked questions