What was the outcome of Tenancy Tribunal case 4776338?

The tribunal order states: Jacinta Harvey must pay Barfoot & Thompson Limited - As Agent For Murray &

How much money was awarded in case 4776338?

Cleaning: $1,150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $146.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $2,280.00 awarded to landlord; Garage Door Lock: $199.95 awarded to landlord; Wall In Laundry: $172.00 awarded to landlord; Rubbish Removal: $677.00 awarded to landlord; Smoke Alarms: $500.00 awarded to landlord; Water Rates: $855.51 awarded to landlord

What type of tenancy dispute was case 4776338?

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

Where can I read the official tribunal order for case 4776338?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9966783-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4776338?

The tribunal order states: Jacinta Harvey must pay Barfoot & Thompson Limited - As Agent For Murray &

How much money was awarded in case 4776338?

Cleaning: $1,150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $146.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $2,280.00 awarded to landlord; Garage Door Lock: $199.95 awarded to landlord; Wall In Laundry: $172.00 awarded to landlord; Rubbish Removal: $677.00 awarded to landlord; Smoke Alarms: $500.00 awarded to landlord; Water Rates: $855.51 awarded to landlord

What type of tenancy dispute was case 4776338?

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

Where can I read the official tribunal order for case 4776338?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9966783-Tenancy_Tribunal_Order.pdf.

102 Kitchener Road, Waiuku, Waiuku 2123 Tenancy Tribunal Case 4776338 — Rent arrears

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102 Kitchener Road, Waiuku, Waiuku 2123 Tenancy Tribunal Case 4776338 — 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 4776338 — net $4,270.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 December 2023	$2,280.00	Rent arrears to 18 December 2023
Water rates	$855.51	Water rates
Cleaning: including carpet cleaning	$1,150.00	Cleaning: including carpet cleaning
Lock/key replacement	$146.00	Lock/key replacement
Repairs: wall in laundry	$172.00	Repairs: wall in laundry
Replacement of garage door remote	$250.00	Replacement of garage door remote
Lawns and Garden work	$100.00	Lawns and Garden work
Rubbish removal	$677.00	Rubbish removal
Repairs: garage door lock	$199.95	Repairs: garage door lock
Exemplary damages for removal of smoke alarms	$500.00	Exemplary damages for removal of smoke alarms
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,270.90
Total payable by Tenant to Landlord	$4,270.90

Claims and awards for application 4776338 — net $4,270.90 NZD. Verify on MoJ.

Rent arrears to 18 December 2023

Amount: $2,280.00
Awarded to: Landlord
Reason: Rent arrears to 18 December 2023

Water rates

Amount: $855.51
Awarded to: Landlord
Reason: Water rates

Cleaning: including carpet cleaning

Amount: $1,150.00
Awarded to: Landlord
Reason: Cleaning: including carpet cleaning

Lock/key replacement

Amount: $146.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: wall in laundry

Amount: $172.00
Awarded to: Landlord
Reason: Repairs: wall in laundry

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

Order

Jacinta Harvey must pay Barfoot & Thompson Limited - As Agent For Murray & Sharon Smith $4,270.90 immediately, calculated as shown in table below.

The bond of $2,080.00 is refunded to the landlord forthwith.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, exemplary damages and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 18 December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys and garage remote.
The amounts ordered are proved.
A tenant must not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. See section 40(2)(ab) Residential Tenancies Act 1986. The definition of “means of escape” includes “all active and passive protection features required to warn people of fire...”, which covers smoke alarms.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $4,000.00. See section 40(3A)(b) and Schedule 1A Residential Tenancies Act 1986.
The tenant removed the smoke alarms in two areas. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Considering those factors, I award exemplary damages of $500.00 against the tenant.

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: laundry wall and garage door lock. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

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 4776338 — net $4,270.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 December 2023	$2,280.00	Rent arrears to 18 December 2023
Water rates	$855.51	Water rates
Cleaning: including carpet cleaning	$1,150.00	Cleaning: including carpet cleaning
Lock/key replacement	$146.00	Lock/key replacement
Repairs: wall in laundry	$172.00	Repairs: wall in laundry
Replacement of garage door remote	$250.00	Replacement of garage door remote
Lawns and Garden work	$100.00	Lawns and Garden work
Rubbish removal	$677.00	Rubbish removal
Repairs: garage door lock	$199.95	Repairs: garage door lock
Exemplary damages for removal of smoke alarms	$500.00	Exemplary damages for removal of smoke alarms
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,270.90
Total payable by Tenant to Landlord	$4,270.90

Claims and awards for application 4776338 — net $4,270.90 NZD. Verify on MoJ.

Rent arrears to 18 December 2023

Amount: $2,280.00
Awarded to: Landlord
Reason: Rent arrears to 18 December 2023

Water rates

Amount: $855.51
Awarded to: Landlord
Reason: Water rates

Cleaning: including carpet cleaning

Amount: $1,150.00
Awarded to: Landlord
Reason: Cleaning: including carpet cleaning

Lock/key replacement

Amount: $146.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: wall in laundry

Amount: $172.00
Awarded to: Landlord
Reason: Repairs: wall in laundry

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

Order

Jacinta Harvey must pay Barfoot & Thompson Limited - As Agent For Murray & Sharon Smith $4,270.90 immediately, calculated as shown in table below.

The bond of $2,080.00 is refunded to the landlord forthwith.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, exemplary damages and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 18 December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys and garage remote.
The amounts ordered are proved.
A tenant must not cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004. See section 40(2)(ab) Residential Tenancies Act 1986. The definition of “means of escape” includes “all active and passive protection features required to warn people of fire...”, which covers smoke alarms.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $4,000.00. See section 40(3A)(b) and Schedule 1A Residential Tenancies Act 1986.
The tenant removed the smoke alarms in two areas. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Considering those factors, I award exemplary damages of $500.00 against the tenant.

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: laundry wall and garage door lock. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 4776338 — Rent arrears at 102 Kitchener Road, Waiuku, Waiuku 2123

At a glance

Tenancy Tribunal case 4776338 — Rent arrears at 102 Kitchener Road, Waiuku, Waiuku 2123

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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