What was the outcome of Tenancy Tribunal case 4728269?

The tribunal order states: Tracy McCoy must pay Williams Property Solutions Limited As Agent For Jamie

How much money was awarded in case 4728269?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $196.00 awarded to landlord; Previous Order Application 4728269 D…: $1,060.44 awarded to landlord; Property Damage: $417.58 awarded to landlord; Property Damage: $553.00 awarded to landlord; Property Damage: $577.84 awarded to landlord; Bedroom Window: $216.40 awarded to landlord; Rubbish Removal: $373.00 awarded to landlord; Property Damage: $194.35 awarded to landlord

What type of tenancy dispute was case 4728269?

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

Where can I read the official tribunal order for case 4728269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9721019-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4728269?

The tribunal order states: Tracy McCoy must pay Williams Property Solutions Limited As Agent For Jamie

How much money was awarded in case 4728269?

Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $196.00 awarded to landlord; Previous Order Application 4728269 D…: $1,060.44 awarded to landlord; Property Damage: $417.58 awarded to landlord; Property Damage: $553.00 awarded to landlord; Property Damage: $577.84 awarded to landlord; Bedroom Window: $216.40 awarded to landlord; Rubbish Removal: $373.00 awarded to landlord; Property Damage: $194.35 awarded to landlord

What type of tenancy dispute was case 4728269?

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

Where can I read the official tribunal order for case 4728269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9721019-Tenancy_Tribunal_Order.pdf.

127 Maxwells Line, Awapuni, Palmerston North 4412 Tenancy Tribunal Case 4728269 — Property damage

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127 Maxwells Line, Awapuni, Palmerston North 4412 Tenancy Tribunal Case 4728269 — 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 4728269 — net $3,859.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4728269 dated 19/09/2023	$1,060.44	Previous order application 4728269 dated 19/09/2023
Carpet Cleaning	$250.00	Carpet Cleaning
Electrical fittings replacement/repair	$417.58	Electrical fittings replacement/repair
Lawns and Garden work	$196.00	Lawns and Garden work
Lock/key replacement	$553.00	Lock/key replacement
Repairs: bedroom window	$216.40	Repairs: bedroom window
Repairs	$577.84	Repairs
Rubbish removal	$373.00	Rubbish removal
Window repairs: fan lights	$194.35	Window repairs: fan lights
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,859.05
Total payable by Tenant to Landlord	$3,859.05

Claims and awards for application 4728269 — net $3,859.05 NZD. Verify on MoJ.

Previous order application 4728269 dated 19/09/2023

Amount: $1,060.44
Awarded to: Landlord
Reason: Previous order application 4728269 dated 19/09/2023

Carpet Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Carpet Cleaning

Electrical fittings replacement/repair

Amount: $417.58
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Lawns and Garden work

Amount: $196.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $553.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Tracy McCoy must pay Williams Property Solutions Limited As Agent For Jamie & Annie Madigan $3,859.05 immediately, calculated as shown in table below. DescriptionLandlord Previous order application 4728269 dated 19/09/2023 $1,060.44 Carpet Cleaning$250.00 Electrical fittings replacement/repair$417.58 Lawns and Garden work$196.00 Lock/key replacement$553.00 Repairs: bedroom window$216.40 Repairs$577.84 Rubbish removal$373.00 Window repairs: fan lights$194.35 Filing fee reimbursement$20.44 Total award$3,859.05 Total payable by Tenant to Landlord$3,859.05

Reasons

The landlord attended the hearing.
The tenant did not attend 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 landlord provided photographic evidence that the tenant did not leave the gardens reasonably tidy and did not remove all rubbish.
The tenant did not return the keys.
The landlord also provided evidence that the tenant did not return the premises to the state they were in at the start of the tenancy. In particular, some light fittings required reinstatement, a bolt had to be removed from a door and a television bracket had to be removed and the wall repaired.
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 following damage was caused during the tenancy: the locks to the security doors were damaged beyond repair, window catches were broken, a bedroom window needed reinstallation, two fan light windows were broken, a window was cracked, there were holes in the walls and in a wardrobe door.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The damage was either intentional or careless and the amounts ordered are less than the limits in section 49B RTA.
The amounts ordered are proved.
Because Williams Property Solutions Limited As Agent For Jamie & Annie Madigan 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 4728269 — net $3,859.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4728269 dated 19/09/2023	$1,060.44	Previous order application 4728269 dated 19/09/2023
Carpet Cleaning	$250.00	Carpet Cleaning
Electrical fittings replacement/repair	$417.58	Electrical fittings replacement/repair
Lawns and Garden work	$196.00	Lawns and Garden work
Lock/key replacement	$553.00	Lock/key replacement
Repairs: bedroom window	$216.40	Repairs: bedroom window
Repairs	$577.84	Repairs
Rubbish removal	$373.00	Rubbish removal
Window repairs: fan lights	$194.35	Window repairs: fan lights
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,859.05
Total payable by Tenant to Landlord	$3,859.05

Claims and awards for application 4728269 — net $3,859.05 NZD. Verify on MoJ.

Previous order application 4728269 dated 19/09/2023

Amount: $1,060.44
Awarded to: Landlord
Reason: Previous order application 4728269 dated 19/09/2023

Carpet Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Carpet Cleaning

Electrical fittings replacement/repair

Amount: $417.58
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Lawns and Garden work

Amount: $196.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $553.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Tracy McCoy must pay Williams Property Solutions Limited As Agent For Jamie & Annie Madigan $3,859.05 immediately, calculated as shown in table below. DescriptionLandlord Previous order application 4728269 dated 19/09/2023 $1,060.44 Carpet Cleaning$250.00 Electrical fittings replacement/repair$417.58 Lawns and Garden work$196.00 Lock/key replacement$553.00 Repairs: bedroom window$216.40 Repairs$577.84 Rubbish removal$373.00 Window repairs: fan lights$194.35 Filing fee reimbursement$20.44 Total award$3,859.05 Total payable by Tenant to Landlord$3,859.05

Reasons

The landlord attended the hearing.
The tenant did not attend 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 landlord provided photographic evidence that the tenant did not leave the gardens reasonably tidy and did not remove all rubbish.
The tenant did not return the keys.
The landlord also provided evidence that the tenant did not return the premises to the state they were in at the start of the tenancy. In particular, some light fittings required reinstatement, a bolt had to be removed from a door and a television bracket had to be removed and the wall repaired.
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 following damage was caused during the tenancy: the locks to the security doors were damaged beyond repair, window catches were broken, a bedroom window needed reinstallation, two fan light windows were broken, a window was cracked, there were holes in the walls and in a wardrobe door.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The damage was either intentional or careless and the amounts ordered are less than the limits in section 49B RTA.
The amounts ordered are proved.
Because Williams Property Solutions Limited As Agent For Jamie & Annie Madigan has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4728269 — Property damage at 127 Maxwells Line, Awapuni, Palmerston North 4412

At a glance

Tenancy Tribunal case 4728269 — Property damage at 127 Maxwells Line, Awapuni, Palmerston North 4412

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