What was the outcome of Tenancy Tribunal case 4796686?

The tribunal order states: Kelsey Bolton must pay Blossom Aletha Neece-Forth $7,743.54 immediately,

How much money was awarded in case 4796686?

Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,275.60 awarded to landlord; Kitchen: $770.00 awarded to landlord; Laundry: $490.00 awarded to landlord; Nail Holes: $220.00 awarded to landlord; Oven Hob: $150.00 awarded to landlord; Vanity Basin: $300.00 awarded to landlord; Walls, Windowsills And Painting: $760.00 awarded to landlord; Replace Furnishings: Carpets: $2,850.00 awarded to landlord; Replace Furnishings: Curtains: $550.00 awarded to landlord; Rubbish Removal: $455.00 awarded to landlord; Property Damage: $172.50 awarded to landlord

What type of tenancy dispute was case 4796686?

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

Where can I read the official tribunal order for case 4796686?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10244128-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4796686?

The tribunal order states: Kelsey Bolton must pay Blossom Aletha Neece-Forth $7,743.54 immediately,

How much money was awarded in case 4796686?

Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,275.60 awarded to landlord; Kitchen: $770.00 awarded to landlord; Laundry: $490.00 awarded to landlord; Nail Holes: $220.00 awarded to landlord; Oven Hob: $150.00 awarded to landlord; Vanity Basin: $300.00 awarded to landlord; Walls, Windowsills And Painting: $760.00 awarded to landlord; Replace Furnishings: Carpets: $2,850.00 awarded to landlord; Replace Furnishings: Curtains: $550.00 awarded to landlord; Rubbish Removal: $455.00 awarded to landlord; Property Damage: $172.50 awarded to landlord

What type of tenancy dispute was case 4796686?

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

Where can I read the official tribunal order for case 4796686?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10244128-Tenancy_Tribunal_Order.pdf.

25 Kahukura Avenue, Waitarere Beach, Levin 5510 Tenancy Tribunal Case 4796686 — Property damage

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25 Kahukura Avenue, Waitarere Beach, Levin 5510 Tenancy Tribunal Case 4796686 — 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 4796686 — net $7,743.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 March 2024	$2,275.60	Rent arrears to 20 March 2024
Carpet Cleaning	$230.00	Carpet Cleaning
Rubbish removal	$455.00	Rubbish removal
Window repairs: kitchen	$172.50	Window repairs: kitchen
Repairs: walls, windowsills and painting	$760.00	Repairs: walls, windowsills and painting
Repairs: laundry	$490.00	Repairs: laundry
Repairs: vanity basin	$300.00	Repairs: vanity basin
Repairs: kitchen	$770.00	Repairs: kitchen
Repairs: oven hob	$150.00	Repairs: oven hob
Repairs: nail holes	$220.00	Repairs: nail holes
Replace furnishings: curtains	$550.00	Replace furnishings: curtains
Replace furnishings: carpets	$2,850.00	Replace furnishings: carpets
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,743.54
Total payable by Tenant to Landlord	$7,743.54

Claims and awards for application 4796686 — net $7,743.54 NZD. Verify on MoJ.

Rent arrears to 20 March 2024

Amount: $2,275.60
Awarded to: Landlord
Reason: Rent arrears to 20 March 2024

Carpet Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $455.00
Awarded to: Landlord
Reason: Rubbish removal

Window repairs: kitchen

Amount: $172.50
Awarded to: Landlord
Reason: Window repairs: kitchen

Repairs: walls, windowsills and painting

Amount: $760.00
Awarded to: Landlord
Reason: Repairs: walls, windowsills and painting

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Property damage Rubbish Removal

Order

Kelsey Bolton must pay Blossom Aletha Neece-Forth $7,743.54 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,500.00 (6443652-001) to Blossom Aletha Neece-Forth immediately. DescriptionLandlord Rent arrears to 20 March 2024$2,275.60 Carpet Cleaning$230.00 Rubbish removal$455.00 Window repairs: kitchen$172.50 Repairs: walls, windowsills and painting$760.00 Repairs: laundry$490.00 Repairs: vanity basin$300.00 Repairs: kitchen$770.00 Repairs: oven hob$150.00 Repairs: nail holes$220.00 Replace furnishings: curtains$550.00 Replace furnishings: carpets$2,850.00 Filing fee reimbursement$20.44 Total award$9,243.54 Bond$1,500.00 Total payable by Tenant to Landlord$7,743.54

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord gave evidence that the tenant gave notice to the landlord on 23 February 2024. The landlord has provided rent records showing the amount owing to 20 March 2024.

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, 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 premises reasonably clean and tidy, and did not remove all rubbish.
The landlord’s evidence included damage to the carpet caused by wax, dyes, soft drinks, ink, animal urine and tar. It is appropriate that the landlord be reimbursed for the cost of having the carpets cleaned, although it was not completely successful.
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 of the following damage caused during the tenancy: a. The laundry was flooded by the tenant. A door needed replacement, the floor, the skirting boards and another door required repairs due to water damage. This was careless damage. b. There was a window in the kitchen broken. This was careless damage. c. The vanity in the bathroom was damaged by what appeared to be cigarette butts. This was intentional damage. d. The kitchen bench top was damaged by water which the landlord advised the tenant had told her was caused by overfilling the kitchen sink. This was careless damage. e. The oven hob pilot light was intentionally damaged. The landlord explained that it was cheaper to replace the hob than engage an electrician to repair the light. f. There were multiple nails in external and internal walls that needed to be removed and the holes repaired and repainted. This was intentional damage. g. The bedroom curtains were damaged beyond repair by being torn and by mould. The landlord had asked the tenant to keep rooms well aired by putting the windows on safety latches and by wiping down the windows. This is intentional damage. h. The carpet in all rooms was extensively stained by wax, dyes, soft drinks, ink, animal urine and tar. The extent and nature of the damage indicates that it was intentional damage.
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 all less than the limits in section 49B RTA.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off.
The landlord advised that the carpet was installed at the start of the tenancy. The carpet is therefore two years old. The Inland Revenue Department’s depreciation schedule IR 265 indicates that the expected life of a carpet in a rental property is eight years. I have therefore deducted 25% from the amount claimed by the landlord.
Because Blossom Aletha Neece-Forth has substantially succeeded with the claim I have reimbursed 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 4796686 — net $7,743.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 March 2024	$2,275.60	Rent arrears to 20 March 2024
Carpet Cleaning	$230.00	Carpet Cleaning
Rubbish removal	$455.00	Rubbish removal
Window repairs: kitchen	$172.50	Window repairs: kitchen
Repairs: walls, windowsills and painting	$760.00	Repairs: walls, windowsills and painting
Repairs: laundry	$490.00	Repairs: laundry
Repairs: vanity basin	$300.00	Repairs: vanity basin
Repairs: kitchen	$770.00	Repairs: kitchen
Repairs: oven hob	$150.00	Repairs: oven hob
Repairs: nail holes	$220.00	Repairs: nail holes
Replace furnishings: curtains	$550.00	Replace furnishings: curtains
Replace furnishings: carpets	$2,850.00	Replace furnishings: carpets
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,743.54
Total payable by Tenant to Landlord	$7,743.54

Claims and awards for application 4796686 — net $7,743.54 NZD. Verify on MoJ.

Rent arrears to 20 March 2024

Amount: $2,275.60
Awarded to: Landlord
Reason: Rent arrears to 20 March 2024

Carpet Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $455.00
Awarded to: Landlord
Reason: Rubbish removal

Window repairs: kitchen

Amount: $172.50
Awarded to: Landlord
Reason: Window repairs: kitchen

Repairs: walls, windowsills and painting

Amount: $760.00
Awarded to: Landlord
Reason: Repairs: walls, windowsills and painting

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Property damage Rubbish Removal

Order

Kelsey Bolton must pay Blossom Aletha Neece-Forth $7,743.54 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,500.00 (6443652-001) to Blossom Aletha Neece-Forth immediately. DescriptionLandlord Rent arrears to 20 March 2024$2,275.60 Carpet Cleaning$230.00 Rubbish removal$455.00 Window repairs: kitchen$172.50 Repairs: walls, windowsills and painting$760.00 Repairs: laundry$490.00 Repairs: vanity basin$300.00 Repairs: kitchen$770.00 Repairs: oven hob$150.00 Repairs: nail holes$220.00 Replace furnishings: curtains$550.00 Replace furnishings: carpets$2,850.00 Filing fee reimbursement$20.44 Total award$9,243.54 Bond$1,500.00 Total payable by Tenant to Landlord$7,743.54

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord gave evidence that the tenant gave notice to the landlord on 23 February 2024. The landlord has provided rent records showing the amount owing to 20 March 2024.

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, 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 premises reasonably clean and tidy, and did not remove all rubbish.
The landlord’s evidence included damage to the carpet caused by wax, dyes, soft drinks, ink, animal urine and tar. It is appropriate that the landlord be reimbursed for the cost of having the carpets cleaned, although it was not completely successful.
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 of the following damage caused during the tenancy: a. The laundry was flooded by the tenant. A door needed replacement, the floor, the skirting boards and another door required repairs due to water damage. This was careless damage. b. There was a window in the kitchen broken. This was careless damage. c. The vanity in the bathroom was damaged by what appeared to be cigarette butts. This was intentional damage. d. The kitchen bench top was damaged by water which the landlord advised the tenant had told her was caused by overfilling the kitchen sink. This was careless damage. e. The oven hob pilot light was intentionally damaged. The landlord explained that it was cheaper to replace the hob than engage an electrician to repair the light. f. There were multiple nails in external and internal walls that needed to be removed and the holes repaired and repainted. This was intentional damage. g. The bedroom curtains were damaged beyond repair by being torn and by mould. The landlord had asked the tenant to keep rooms well aired by putting the windows on safety latches and by wiping down the windows. This is intentional damage. h. The carpet in all rooms was extensively stained by wax, dyes, soft drinks, ink, animal urine and tar. The extent and nature of the damage indicates that it was intentional damage.
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 all less than the limits in section 49B RTA.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off.
The landlord advised that the carpet was installed at the start of the tenancy. The carpet is therefore two years old. The Inland Revenue Department’s depreciation schedule IR 265 indicates that the expected life of a carpet in a rental property is eight years. I have therefore deducted 25% from the amount claimed by the landlord.
Because Blossom Aletha Neece-Forth has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4796686 — Property damage at 25 Kahukura Avenue, Waitarere Beach, Levin 5510

At a glance

Tenancy Tribunal case 4796686 — Property damage at 25 Kahukura Avenue, Waitarere Beach, Levin 5510

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

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

Frequently asked questions