What was the outcome of Tenancy Tribunal case 4739602?

The tribunal order states: Vicky Frith must pay Inspire Property Management Limited As Agent For

How much money was awarded in case 4739602?

Cleaning: $465.43 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $445.63 awarded to landlord; Rent Arrears: $988.57 awarded to landlord; Property Damage: $150.00 awarded to landlord; Painting Of Walls: $600.00 awarded to landlord; Replace Furnishings: Curtains: $672.01 awarded to landlord; Replace furnishings: rangehood filte…: $69.00 awarded to landlord; Rubbish Removal: $431.25 awarded to landlord

What type of tenancy dispute was case 4739602?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 4739602?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9998533-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4739602?

The tribunal order states: Vicky Frith must pay Inspire Property Management Limited As Agent For

How much money was awarded in case 4739602?

Cleaning: $465.43 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $445.63 awarded to landlord; Rent Arrears: $988.57 awarded to landlord; Property Damage: $150.00 awarded to landlord; Painting Of Walls: $600.00 awarded to landlord; Replace Furnishings: Curtains: $672.01 awarded to landlord; Replace furnishings: rangehood filte…: $69.00 awarded to landlord; Rubbish Removal: $431.25 awarded to landlord

What type of tenancy dispute was case 4739602?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 4739602?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9998533-Tenancy_Tribunal_Order.pdf.

31 Ballance Street, Aramoho, Whanganui 4500 Tenancy Tribunal Case 4739602 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4739602 — net $4,292.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears at 23 February 2024	$988.57	Rent arrears at 23 February 2024
Carpet Cleaning	$465.43	Carpet Cleaning
Cleaning	$450.00	Cleaning
Repairs: painting of walls	$600.00	Repairs: painting of walls
Repairs: door repair	$150.00	Repairs: door repair
Rubbish removal	$431.25	Rubbish removal
Lock/key replacement	$445.63	Lock/key replacement
Replace furnishings: curtains	$672.01	Replace furnishings: curtains
Replace furnishings: rangehood filters	$69.00	Replace furnishings: rangehood filters
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,292.33
Total payable by Tenant to Landlord	$4,292.33

Vicky Frith must pay Inspire Property Management Limited As Agent For Sareve Trust $4,292.33 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears at 23 February 2024$988.57 Carpet Cleaning$465.43 Cleaning$450.00 Repairs: painting of walls$600.00 Repairs: door repair$150.00 Rubbish removal$431.25 Lock/key replacement$445.63 Replace furnishings: curtains$672.01 Replace furnishings: rangehood filters$69.00 Filing fee reimbursement$20.44 Total award$4,292.33 Total payable by Tenant to Landlord$4,292.33

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing having been personally served with the landlord’s application on 20 December 2023.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided evidence that the tenancy ended on 24 August 2023. The landlord provided rent records which prove the amount owing at today’s date as the tenant is making weekly payments in reduction of the amount owing.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The following chattels were missing at the end of the tenancy: rangehood filters and the curtains in two bedrooms and the living room.

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 photographic and verbal evidence that the following damage was caused during the tenancy: a. There were multiple repairs to walls in most rooms in the property which had been plastered but not painted by the tenant. b. A bedroom door was broken.

The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.

The amounts ordered are proved and are less than the insurance excess or four weeks’ rent and so I do not need to consider whether the damage was intentional or careless.

Because Inspire Property Management Limited As Agent For Sareve Trust has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4739602 — net $4,292.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears at 23 February 2024	$988.57	Rent arrears at 23 February 2024
Carpet Cleaning	$465.43	Carpet Cleaning
Cleaning	$450.00	Cleaning
Repairs: painting of walls	$600.00	Repairs: painting of walls
Repairs: door repair	$150.00	Repairs: door repair
Rubbish removal	$431.25	Rubbish removal
Lock/key replacement	$445.63	Lock/key replacement
Replace furnishings: curtains	$672.01	Replace furnishings: curtains
Replace furnishings: rangehood filters	$69.00	Replace furnishings: rangehood filters
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,292.33
Total payable by Tenant to Landlord	$4,292.33

Order

Vicky Frith must pay Inspire Property Management Limited As Agent For Sareve Trust $4,292.33 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears at 23 February 2024$988.57 Carpet Cleaning$465.43 Cleaning$450.00 Repairs: painting of walls$600.00 Repairs: door repair$150.00 Rubbish removal$431.25 Lock/key replacement$445.63 Replace furnishings: curtains$672.01 Replace furnishings: rangehood filters$69.00 Filing fee reimbursement$20.44 Total award$4,292.33 Total payable by Tenant to Landlord$4,292.33

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing having been personally served with the landlord’s application on 20 December 2023.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided evidence that the tenancy ended on 24 August 2023. The landlord provided rent records which prove the amount owing at today’s date as the tenant is making weekly payments in reduction of the amount owing.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: rangehood filters and the curtains in two bedrooms and the living room.
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 photographic and verbal evidence that the following damage was caused during the tenancy: a. There were multiple repairs to walls in most rooms in the property which had been plastered but not painted by the tenant. b. A bedroom door was broken.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The amounts ordered are proved and are less than the insurance excess or four weeks’ rent and so I do not need to consider whether the damage was intentional or careless.
Because Inspire Property Management Limited As Agent For Sareve Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4739602 — Property damage at 31 Ballance Street, Aramoho, Whanganui 4500

At a glance

Tenancy Tribunal case 4739602 — Property damage at 31 Ballance Street, Aramoho, Whanganui 4500

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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