What was the outcome of Tenancy Tribunal case 4773790?

The tribunal order states: Rebecca Sheehan must pay Inspire Property Management Limited - As Agent

How much money was awarded in case 4773790?

Cleaning: $202.10 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $161.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rent Arrears: $1,610.72 awarded to landlord

What type of tenancy dispute was case 4773790?

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

Where can I read the official tribunal order for case 4773790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10367403-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4773790?

The tribunal order states: Rebecca Sheehan must pay Inspire Property Management Limited - As Agent

How much money was awarded in case 4773790?

Cleaning: $202.10 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $161.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rent Arrears: $1,610.72 awarded to landlord

What type of tenancy dispute was case 4773790?

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

Where can I read the official tribunal order for case 4773790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10367403-Tribunal_Order.pdf.

60 Cavell Street, Musselburgh, Dunedin 9013 Tenancy Tribunal Case 4773790 — Rent arrears

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60 Cavell Street, Musselburgh, Dunedin 9013 Tenancy Tribunal Case 4773790 — Rent arrears | 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 4773790 — net $3,494.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30/10/2023 after refund of the bond	$1,610.72	Rent arrears to 30/10/2023 after refund of the bond
Carpet Cleaning	$202.10	Carpet Cleaning
Lawns and Garden work and rubbish removal	$161.00	Lawns and Garden work and rubbish removal
Insurance excess for bedroom 1 carpet replacement	$1,500.00	Insurance excess for bedroom 1 carpet replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,494.26
Total payable by Tenant to Landlord	$3,494.26

Claims and awards for application 4773790 — net $3,494.26 NZD. Verify on MoJ.

Rent arrears to 30/10/2023 after refund of the bond

Amount: $1,610.72
Awarded to: Landlord
Reason: Rent arrears to 30/10/2023 after refund of the bond

Carpet Cleaning

Amount: $202.10
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work and rubbish removal

Amount: $161.00
Awarded to: Landlord
Reason: Lawns and Garden work and rubbish removal

Insurance excess for bedroom 1 carpet replacement

Amount: $1,500.00
Awarded to: Landlord
Reason: Insurance excess for bedroom 1 carpet replacement

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

Rebecca Sheehan must pay Inspire Property Management Limited - As Agent For H's Holding Group $3,494.26 immediately, calculated as shown in table below:

Reasons

The landlord attended the rescheduled hearing.
Although the tenant did not appear I am satisfied that the new email provided is an AFS.
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 tenancy ended on 30/10/2023.
The landlord provided rent records which prove the amount owing at the end of the tenancy, after refund of the bond.

Did the tenant comply with her 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 landlord sought compensation of $411.00 as follows: a. $250.00 carpet cleaning b. $161.00 for lawns, gardens and rubbish removal
In support of the claim the landlord provided property inspection reports, including photographs and invoices.
I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amount claimed for carpet cleaning has been reduced by one room because the claim for replacement of that bedroom has been successful and the Tribunal does not award both claims for cleaning and replacement of the same carpets.

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.
The landlord sought insurance excess of $1,500.00 for replacement of carpet in bedroom one damaged burn marks.
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.
I am satisfied that damage was caused during the tenancy to the carpet in bedroom one from burns and the damage is more than fair wear and tear.
The amounts ordered are proved.
As Inspire Property Management Limited - As Agent For H's Holding Group has wholly succeeded with the claim I must award 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 4773790 — net $3,494.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30/10/2023 after refund of the bond	$1,610.72	Rent arrears to 30/10/2023 after refund of the bond
Carpet Cleaning	$202.10	Carpet Cleaning
Lawns and Garden work and rubbish removal	$161.00	Lawns and Garden work and rubbish removal
Insurance excess for bedroom 1 carpet replacement	$1,500.00	Insurance excess for bedroom 1 carpet replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,494.26
Total payable by Tenant to Landlord	$3,494.26

Claims and awards for application 4773790 — net $3,494.26 NZD. Verify on MoJ.

Rent arrears to 30/10/2023 after refund of the bond

Amount: $1,610.72
Awarded to: Landlord
Reason: Rent arrears to 30/10/2023 after refund of the bond

Carpet Cleaning

Amount: $202.10
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work and rubbish removal

Amount: $161.00
Awarded to: Landlord
Reason: Lawns and Garden work and rubbish removal

Insurance excess for bedroom 1 carpet replacement

Amount: $1,500.00
Awarded to: Landlord
Reason: Insurance excess for bedroom 1 carpet replacement

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

Rebecca Sheehan must pay Inspire Property Management Limited - As Agent For H's Holding Group $3,494.26 immediately, calculated as shown in table below:

Reasons

The landlord attended the rescheduled hearing.
Although the tenant did not appear I am satisfied that the new email provided is an AFS.
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 tenancy ended on 30/10/2023.
The landlord provided rent records which prove the amount owing at the end of the tenancy, after refund of the bond.

Did the tenant comply with her 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 landlord sought compensation of $411.00 as follows: a. $250.00 carpet cleaning b. $161.00 for lawns, gardens and rubbish removal
In support of the claim the landlord provided property inspection reports, including photographs and invoices.
I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The amount claimed for carpet cleaning has been reduced by one room because the claim for replacement of that bedroom has been successful and the Tribunal does not award both claims for cleaning and replacement of the same carpets.

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.
The landlord sought insurance excess of $1,500.00 for replacement of carpet in bedroom one damaged burn marks.
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.
I am satisfied that damage was caused during the tenancy to the carpet in bedroom one from burns and the damage is more than fair wear and tear.
The amounts ordered are proved.
As Inspire Property Management Limited - As Agent For H's Holding Group has wholly succeeded with the claim I must award the filing fee.

Tenancy Tribunal case 4773790 — Rent arrears at 60 Cavell Street, Musselburgh, Dunedin 9013

At a glance

Tenancy Tribunal case 4773790 — Rent arrears at 60 Cavell Street, Musselburgh, Dunedin 9013

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with her 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 her 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