What was the outcome of Tenancy Tribunal case 4804405?

The tribunal order states: Quaiton McFarland and Tayvia Ataahua Brown must pay Inspire Property

How much money was awarded in case 4804405?

Cleaning: $725.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $223.23 awarded to landlord; Property Damage: $229.00 awarded to landlord; Rent: $20.01 awarded to landlord; Smoke Alarms: $99.95 awarded to landlord; Walls and Doors: $1,598.50 awarded to landlord; Water Charges To End Of Tenancy: $61.42 awarded to landlord

What type of tenancy dispute was case 4804405?

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

Where can I read the official tribunal order for case 4804405?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10372670-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4804405?

The tribunal order states: Quaiton McFarland and Tayvia Ataahua Brown must pay Inspire Property

How much money was awarded in case 4804405?

Cleaning: $725.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $223.23 awarded to landlord; Property Damage: $229.00 awarded to landlord; Rent: $20.01 awarded to landlord; Smoke Alarms: $99.95 awarded to landlord; Walls and Doors: $1,598.50 awarded to landlord; Water Charges To End Of Tenancy: $61.42 awarded to landlord

What type of tenancy dispute was case 4804405?

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

Where can I read the official tribunal order for case 4804405?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10372670-Tenancy_Tribunal_Order.pdf.

15D East Street, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4804405 — Property damage

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15D East Street, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4804405 — 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 4804405 — net $2,977.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 28 December 2023	$20.01	Rent to 28 December 2023
Water charges to end of tenancy	$61.42	Water charges to end of tenancy
Repairs to washing machine	$223.23	Repairs to washing machine
Cleaning and water-blasting	$725.00	Cleaning and water-blasting
Repairs to walls and doors	$1,598.50	Repairs to walls and doors
Replace smoke alarms	$99.95	Replace smoke alarms
Lock/key replacement	$229.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,977.55
Total payable by Tenant to Landlord	$2,977.55

Claims and awards for application 4804405 — net $2,977.55 NZD. Verify on MoJ.

Rent to 28 December 2023

Amount: $20.01
Awarded to: Landlord
Reason: Rent to 28 December 2023

Water charges to end of tenancy

Amount: $61.42
Awarded to: Landlord
Reason: Water charges to end of tenancy

Repairs to washing machine

Amount: $223.23
Awarded to: Landlord
Reason: Repairs to washing machine

Cleaning and water-blasting

Amount: $725.00
Awarded to: Landlord
Reason: Cleaning and water-blasting

Repairs to walls and doors

Amount: $1,598.50
Awarded to: Landlord
Reason: Repairs to walls and doors

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Replace Smoke Alarms

Order

Quaiton McFarland and Tayvia Ataahua Brown must pay Inspire Property Management Limited - as Agent for Karen Anne Blennerhassett / Otium Enterprises Ltd $2,977.55 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 28 December 2023. The landlord provided rent records and water 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy.
The tenant did not leave the premises reasonably clean and tidy. The floors were sticky with dirt and food waste had been pushed into the corners of rooms; there was a smell of rubbish in the hot water cupboard. The oven needed cleaning. The paths and patio outside were covered in grime and had to be water-blasted.
The tenant did not return the keys. The locks had to be changed to make the property secure.
The landlord had to replace a missing smoke alarm in the lounge at the end of the tenancy.

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.
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 4 weeks' rent. The insurance excess was $500.00 with a weekly rent of $660.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
There was minor damage to a ranch-slider doorframe ($45.00 plus GST) some damage to several bedroom walls caused by LED lights held on by adhesive ($380.00 plus GST) a damaged door frame where an exercise bar had been fitted ($12.00 plus GST) damage to the lounge ceiling as a result of a blocked shower drain upstairs being left to overflow ($650.00 plus GST), damage to the wall in the hallway ($95.00 plus GST) and damage to a wardrobe door ($55.00 plus GST). The washing machine had to be repaired because the tenants had tried to open the door during a wash cycle, damaging the door seal spring and causing the door to leak.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has been successful. I 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 4804405 — net $2,977.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 28 December 2023	$20.01	Rent to 28 December 2023
Water charges to end of tenancy	$61.42	Water charges to end of tenancy
Repairs to washing machine	$223.23	Repairs to washing machine
Cleaning and water-blasting	$725.00	Cleaning and water-blasting
Repairs to walls and doors	$1,598.50	Repairs to walls and doors
Replace smoke alarms	$99.95	Replace smoke alarms
Lock/key replacement	$229.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,977.55
Total payable by Tenant to Landlord	$2,977.55

Claims and awards for application 4804405 — net $2,977.55 NZD. Verify on MoJ.

Rent to 28 December 2023

Amount: $20.01
Awarded to: Landlord
Reason: Rent to 28 December 2023

Water charges to end of tenancy

Amount: $61.42
Awarded to: Landlord
Reason: Water charges to end of tenancy

Repairs to washing machine

Amount: $223.23
Awarded to: Landlord
Reason: Repairs to washing machine

Cleaning and water-blasting

Amount: $725.00
Awarded to: Landlord
Reason: Cleaning and water-blasting

Repairs to walls and doors

Amount: $1,598.50
Awarded to: Landlord
Reason: Repairs to walls and doors

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Replace Smoke Alarms

Order

Quaiton McFarland and Tayvia Ataahua Brown must pay Inspire Property Management Limited - as Agent for Karen Anne Blennerhassett / Otium Enterprises Ltd $2,977.55 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 28 December 2023. The landlord provided rent records and water 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy.
The tenant did not leave the premises reasonably clean and tidy. The floors were sticky with dirt and food waste had been pushed into the corners of rooms; there was a smell of rubbish in the hot water cupboard. The oven needed cleaning. The paths and patio outside were covered in grime and had to be water-blasted.
The tenant did not return the keys. The locks had to be changed to make the property secure.
The landlord had to replace a missing smoke alarm in the lounge at the end of the tenancy.

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.
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 4 weeks' rent. The insurance excess was $500.00 with a weekly rent of $660.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
There was minor damage to a ranch-slider doorframe ($45.00 plus GST) some damage to several bedroom walls caused by LED lights held on by adhesive ($380.00 plus GST) a damaged door frame where an exercise bar had been fitted ($12.00 plus GST) damage to the lounge ceiling as a result of a blocked shower drain upstairs being left to overflow ($650.00 plus GST), damage to the wall in the hallway ($95.00 plus GST) and damage to a wardrobe door ($55.00 plus GST). The washing machine had to be repaired because the tenants had tried to open the door during a wash cycle, damaging the door seal spring and causing the door to leak.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee
The landlord’s application has been successful. I award the filing fee.

Tenancy Tribunal case 4804405 — Property damage at 15D East Street, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 4804405 — Property damage at 15D East Street, Pukekohe, Pukekohe 2120

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Property management

Frequently asked questions