What was the outcome of Tenancy Tribunal case 4798449?

The tribunal order states: Shavon Waihape must pay Quintin Russ As Trustee Of Eschati Trust

How much money was awarded in case 4798449?

Cleaning: $59.99 awarded to landlord; Cleaning: $625.00 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Property Damage: $4,900.00 awarded to landlord; Rent Arrears: $8,930.00 awarded to landlord; Curtains: $330.00 awarded to landlord; Sundries: $179.00 awarded to landlord; Sundries: $1,149.00 awarded to landlord; Smoke Alarms: $83.85 awarded to landlord; Rubbish Removal: $155.00 awarded to landlord

What type of tenancy dispute was case 4798449?

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

Where can I read the official tribunal order for case 4798449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10342916-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4798449?

The tribunal order states: Shavon Waihape must pay Quintin Russ As Trustee Of Eschati Trust

How much money was awarded in case 4798449?

Cleaning: $59.99 awarded to landlord; Cleaning: $625.00 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Property Damage: $4,900.00 awarded to landlord; Rent Arrears: $8,930.00 awarded to landlord; Curtains: $330.00 awarded to landlord; Sundries: $179.00 awarded to landlord; Sundries: $1,149.00 awarded to landlord; Smoke Alarms: $83.85 awarded to landlord; Rubbish Removal: $155.00 awarded to landlord

What type of tenancy dispute was case 4798449?

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

Where can I read the official tribunal order for case 4798449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10342916-Tenancy_Tribunal_Order.pdf.

9 Avenue Road, Foxton, Foxton 4814 Tenancy Tribunal Case 4798449 — Rent arrears

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9 Avenue Road, Foxton, Foxton 4814 Tenancy Tribunal Case 4798449 — 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 4798449 — net $14,931.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,930.00	Rent arrears
Cleaning	$625.00	Cleaning
Rubbish removal	$155.00	Rubbish removal
Lawns and Garden work	$120.00	Lawns and Garden work
Replace furnishings: lightbulbs and smoke alarms	$83.85	Replace furnishings: lightbulbs and smoke alarms
Repairs: sundries	$179.00	Repairs: sundries
Repairs: curtains	$330.00	Repairs: curtains
Carpet Cleaning	$59.99	Carpet Cleaning
Repairs: sundries	$1,149.00	Repairs: sundries
Repairs	$4,900.00	Repairs
Net award	$14,931.84
Total payable by Tenant to Landlord	$14,931.84

Claims and awards for application 4798449 — net $14,931.84 NZD. Verify on MoJ.

Rent arrears

Amount: $8,930.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $625.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $155.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $120.00
Awarded to: Landlord
Reason: Lawns and Garden work

Replace furnishings: lightbulbs and smoke alarms

Amount: $83.85
Awarded to: Landlord
Reason: Replace furnishings: lightbulbs and smoke alarms

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Lawns And Garden Work Property damage Rent arrears Replace Smoke Alarms Rubbish Removal

Order

Shavon Waihape must pay Quintin Russ As Trustee Of Eschati Trust $14,931.84 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 () to Quintin Russ As Trustee Of Eschati Trust immediately.

Reasons

Both parties attended 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 fixed-term tenancy ended on 23 January 2024. It was evident that the tenant had abandoned the property, but under section 61(4) of the Residential Tenancies Act 1986, the landlord is not obliged to make an application for termination. The landlord provided rent records which prove the amount owing at the end of the tenancy was $8,930.

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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. The tenant must also replace standard light bulbs.
The landlord provided photographs showing the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The property had been badly damaged and the debris was significant.
The landlord had to replace light bulbs and smoke alarms.
The landlord provided invoices, statements of account and receipts for the cleaning, carpet cleaning, lawn mowing, rubbish removal, light bulbs and smoke alarms. Because the tenant had abandoned the premises, the lawns required mowing several times.
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 damage to the property was extensive. There was graffiti on the walls, damaged doors, holes in walls and missing doorhandles. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord is reminded that when seeking compensation for damage to the premises, he should file photographs of the property at the start of the tenancy.
Because Quintin Russ As Trustee Of Eschati Trust 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 4798449 — net $14,931.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$8,930.00	Rent arrears
Cleaning	$625.00	Cleaning
Rubbish removal	$155.00	Rubbish removal
Lawns and Garden work	$120.00	Lawns and Garden work
Replace furnishings: lightbulbs and smoke alarms	$83.85	Replace furnishings: lightbulbs and smoke alarms
Repairs: sundries	$179.00	Repairs: sundries
Repairs: curtains	$330.00	Repairs: curtains
Carpet Cleaning	$59.99	Carpet Cleaning
Repairs: sundries	$1,149.00	Repairs: sundries
Repairs	$4,900.00	Repairs
Net award	$14,931.84
Total payable by Tenant to Landlord	$14,931.84

Claims and awards for application 4798449 — net $14,931.84 NZD. Verify on MoJ.

Rent arrears

Amount: $8,930.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $625.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $155.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $120.00
Awarded to: Landlord
Reason: Lawns and Garden work

Replace furnishings: lightbulbs and smoke alarms

Amount: $83.85
Awarded to: Landlord
Reason: Replace furnishings: lightbulbs and smoke alarms

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Lawns And Garden Work Property damage Rent arrears Replace Smoke Alarms Rubbish Removal

Order

Shavon Waihape must pay Quintin Russ As Trustee Of Eschati Trust $14,931.84 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 () to Quintin Russ As Trustee Of Eschati Trust immediately.

Reasons

Both parties attended 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 fixed-term tenancy ended on 23 January 2024. It was evident that the tenant had abandoned the property, but under section 61(4) of the Residential Tenancies Act 1986, the landlord is not obliged to make an application for termination. The landlord provided rent records which prove the amount owing at the end of the tenancy was $8,930.

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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. The tenant must also replace standard light bulbs.
The landlord provided photographs showing the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The property had been badly damaged and the debris was significant.
The landlord had to replace light bulbs and smoke alarms.
The landlord provided invoices, statements of account and receipts for the cleaning, carpet cleaning, lawn mowing, rubbish removal, light bulbs and smoke alarms. Because the tenant had abandoned the premises, the lawns required mowing several times.
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 damage to the property was extensive. There was graffiti on the walls, damaged doors, holes in walls and missing doorhandles. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord is reminded that when seeking compensation for damage to the premises, he should file photographs of the property at the start of the tenancy.
Because Quintin Russ As Trustee Of Eschati Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4798449 — Rent arrears at 9 Avenue Road, Foxton, Foxton 4814

At a glance

Tenancy Tribunal case 4798449 — Rent arrears at 9 Avenue Road, Foxton, Foxton 4814

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