What was the outcome of Tenancy Tribunal case 4750009?

The tribunal order states: Morgaine Matahaere must pay Pride Property Management Limited As Agent

How much money was awarded in case 4750009?

Cleaning: $1,250.00 awarded to landlord; Cleaning: $879.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4640389 D…: $2,604.72 awarded to landlord

What type of tenancy dispute was case 4750009?

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

Where can I read the official tribunal order for case 4750009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9920154-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4750009?

The tribunal order states: Morgaine Matahaere must pay Pride Property Management Limited As Agent

How much money was awarded in case 4750009?

Cleaning: $1,250.00 awarded to landlord; Cleaning: $879.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4640389 D…: $2,604.72 awarded to landlord

What type of tenancy dispute was case 4750009?

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

Where can I read the official tribunal order for case 4750009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9920154-Tenancy_Tribunal_Order.pdf.

46 Ethel Street, Newfield, Invercargill 9812 Tenancy Tribunal Case 4750009 — Property damage

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46 Ethel Street, Newfield, Invercargill 9812 Tenancy Tribunal Case 4750009 — 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 4750009 — net $4,754.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4640389 dated 16/10/2023	$2,604.72	Previous order application 4640389 dated 16/10/2023
Meth cleaning, insurance excess	$1,250.00	Meth cleaning, insurance excess
Cleaning of the garage	$879.75	Cleaning of the garage
Filing Fee	$20.44	Filing Fee
Net award	$4,754.91
Total payable by Tenant to Landlord	$4,754.91

Claims and awards for application 4750009 — net $4,754.91 NZD. Verify on MoJ.

Previous order application 4640389 dated 16/10/2023

Amount: $2,604.72
Awarded to: Landlord
Reason: Previous order application 4640389 dated 16/10/2023

Meth cleaning, insurance excess

Amount: $1,250.00
Awarded to: Landlord
Reason: Meth cleaning, insurance excess

Cleaning of the garage

Amount: $879.75
Awarded to: Landlord
Reason: Cleaning of the garage

Filing Fee

Amount: $20.44
Awarded to: Landlord
Reason: Filing Fee

Net award

Landlord $4,754.91

Total payable by Tenant to Landlord

Landlord $4,754.91

Claim types — money lines allowed on this order

Cleanliness Filing Fee

Order

Morgaine Matahaere must pay Pride Property Management Limited As Agent For Jeten Parboo And Daveen Gundolah $4,754.91 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 16 October 2023 under application 4640389.

Reasons

The tenant failed to attend today’s hearing.
The landlord has applied for insurance excess and cleaning of the garage following the previous Tribunal order terminating 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. A significant clean up was required of the garage.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 level of methamphetamine contamination was high. The landlord’s insurance met the costs of the clean up of the interior of the property and the claim today is for the insurance excess only. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
On 16 October 2023, the Tribunal made an order relating to this tenancy, for rent arrears and termination. The previous order is incorporated into this order for enforcement purposes.
Because Pride Property Management Limited As Agent For Jeten Parboo And Daveen Gundolah 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 4750009 — net $4,754.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4640389 dated 16/10/2023	$2,604.72	Previous order application 4640389 dated 16/10/2023
Meth cleaning, insurance excess	$1,250.00	Meth cleaning, insurance excess
Cleaning of the garage	$879.75	Cleaning of the garage
Filing Fee	$20.44	Filing Fee
Net award	$4,754.91
Total payable by Tenant to Landlord	$4,754.91

Claims and awards for application 4750009 — net $4,754.91 NZD. Verify on MoJ.

Previous order application 4640389 dated 16/10/2023

Amount: $2,604.72
Awarded to: Landlord
Reason: Previous order application 4640389 dated 16/10/2023

Meth cleaning, insurance excess

Amount: $1,250.00
Awarded to: Landlord
Reason: Meth cleaning, insurance excess

Cleaning of the garage

Amount: $879.75
Awarded to: Landlord
Reason: Cleaning of the garage

Filing Fee

Amount: $20.44
Awarded to: Landlord
Reason: Filing Fee

Net award

Landlord $4,754.91

Total payable by Tenant to Landlord

Landlord $4,754.91

Claim types — money lines allowed on this order

Cleanliness Filing Fee

Order

Morgaine Matahaere must pay Pride Property Management Limited As Agent For Jeten Parboo And Daveen Gundolah $4,754.91 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 16 October 2023 under application 4640389.

Reasons

The tenant failed to attend today’s hearing.
The landlord has applied for insurance excess and cleaning of the garage following the previous Tribunal order terminating 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. A significant clean up was required of the garage.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 level of methamphetamine contamination was high. The landlord’s insurance met the costs of the clean up of the interior of the property and the claim today is for the insurance excess only. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
On 16 October 2023, the Tribunal made an order relating to this tenancy, for rent arrears and termination. The previous order is incorporated into this order for enforcement purposes.
Because Pride Property Management Limited As Agent For Jeten Parboo And Daveen Gundolah has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4750009 — Property damage at 46 Ethel Street, Newfield, Invercargill 9812

At a glance

Tenancy Tribunal case 4750009 — Property damage at 46 Ethel Street, Newfield, Invercargill 9812

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