What was the outcome of Tenancy Tribunal case 4804601?

The tribunal order states: Gina Lee Toamau must pay Owen Anthony Mc Intyre and Sheena Kristine Mc

How much money was awarded in case 4804601?

Cleaning: $1,500.00 awarded to landlord; Property Damage: $759.00 awarded to landlord; Property Damage: $162.38 awarded to landlord; Property Damage: $146.50 awarded to landlord; Property Damage: $628.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gas/Power Reconnection: $175.65 awarded to landlord; Property Damage: $345.00 awarded to landlord; Rent Arrears: $2,620.00 awarded to landlord; Cleaning: $469.76 awarded to landlord; Replace Furnishings: Curtains: $983.04 awarded to landlord; Replace furnishings: front door blin…: $230.40 awarded to landlord; Rubbish Removal: $175.00 awarded to landlord

What type of tenancy dispute was case 4804601?

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

Where can I read the official tribunal order for case 4804601?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10432588-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4804601?

The tribunal order states: Gina Lee Toamau must pay Owen Anthony Mc Intyre and Sheena Kristine Mc

How much money was awarded in case 4804601?

Cleaning: $1,500.00 awarded to landlord; Property Damage: $759.00 awarded to landlord; Property Damage: $162.38 awarded to landlord; Property Damage: $146.50 awarded to landlord; Property Damage: $628.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gas/Power Reconnection: $175.65 awarded to landlord; Property Damage: $345.00 awarded to landlord; Rent Arrears: $2,620.00 awarded to landlord; Cleaning: $469.76 awarded to landlord; Replace Furnishings: Curtains: $983.04 awarded to landlord; Replace furnishings: front door blin…: $230.40 awarded to landlord; Rubbish Removal: $175.00 awarded to landlord

What type of tenancy dispute was case 4804601?

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

Where can I read the official tribunal order for case 4804601?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10432588-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 11 Trafalgar Street, Johnsonville, Wellington Tenancy Tribunal Case 4804601 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4804601 — net $8,215.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,620.00	Rent arrears
Cleaning	$1,500.00	Cleaning
Gas/power reconnection	$175.65	Gas/power reconnection
Window repairs	$345.00	Window repairs
Electrical fittings replacement/repair: fridge	$162.38	Electrical fittings replacement/repair: fridge
Electrical fittings replacement/repair: washing machine	$628.00	Electrical fittings replacement/repair: washing machine
Electrical fittings replacement/repair: dehumidifier	$759.00	Electrical fittings replacement/repair: dehumidifier
Replace furnishings: curtains	$983.04	Replace furnishings: curtains
Replace furnishings: front door blind	$230.40	Replace furnishings: front door blind
Rubbish removal: tip fee	$175.00	Rubbish removal: tip fee
Electrical fittings replacement/repair: heat pump remote	$146.50	Electrical fittings replacement/repair: heat pump remote
Repairs: replacement door, hardware, cleaning material	$469.76	Repairs: replacement door, hardware, cleaning material
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,215.17
Total payable by Tenant to Landlord	$8,215.17

Mr McIntyre appeared for the landlords. At the first hearing I delayed the start of the hearing to allow Ms Toamau the opportunity to appear. However, when she felt make an appearance after a reasonable period of time I decided to proceed with the hearing. I am satisfied that the notices of hearing were correctly served.

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 13 March 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $2620.

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. Photos provided by the landlord show that a substantial amount of rubbish and household items were left in the premises. Additionally the walls were marked the carpet sustained there was mould on the walls from the premises being shut up for a number of months. The landlords gave evidence that there was an amount of drug paraphernalia principally water pipes left in the premises. Based on this the landlords friends and family members carried out an extensive deep clean of the property the amount claimed was $3098, which was based on nominal rates to clean the property. I have reduced this to $1500 on the basis that there was no indication that the drug use in the premises involve methamphetamine or reach levels which required a deep clean, and on the basis that the rates were not for professional cleaning but for the time spent by friends and family. I do acknowledge that the premises were in poor condition after the tenancy ended. I ward the tip fees in full.

The following chattels were missing at the end of the tenancy: curtains and blinds, a refrigerator, a washing machine, and a dehumidifier. The evidence is that the tenant gave away these items to people who were assisting her with moving out. A text between the tenant sent landlord indicated that she had mistakenly believed that she owned these items. This was reported to the police as theft, which it was. The fridge was some seven years old when the tenancy was abandoned, and the washing machine four years old, I have depreciated both based on a seven year lifespan to allow for betterment. The dehumidifier was brand-new at the start of the tenancy, therefore I ward its full replacement value. The tenant also took curtains and a roller blind, the landlord has claimed it depreciated figure based on the age of these items and I award the figures sought. I also award the costs of reconnecting power and gas which the tenants had let lapse,

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. I am satisfied that the damage caused to the property was intentional. 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 has claimed for a broken sliding door pane, for replacing a door which had been punched in, for replacing a ruined heat pump remote and for hardware including products required in the cleaning and repairs.

I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Because Owen Anthony Mc Intyre, Sheena Kristine Mc Intyre has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4804601 — net $8,215.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,620.00	Rent arrears
Cleaning	$1,500.00	Cleaning
Gas/power reconnection	$175.65	Gas/power reconnection
Window repairs	$345.00	Window repairs
Electrical fittings replacement/repair: fridge	$162.38	Electrical fittings replacement/repair: fridge
Electrical fittings replacement/repair: washing machine	$628.00	Electrical fittings replacement/repair: washing machine
Electrical fittings replacement/repair: dehumidifier	$759.00	Electrical fittings replacement/repair: dehumidifier
Replace furnishings: curtains	$983.04	Replace furnishings: curtains
Replace furnishings: front door blind	$230.40	Replace furnishings: front door blind
Rubbish removal: tip fee	$175.00	Rubbish removal: tip fee
Electrical fittings replacement/repair: heat pump remote	$146.50	Electrical fittings replacement/repair: heat pump remote
Repairs: replacement door, hardware, cleaning material	$469.76	Repairs: replacement door, hardware, cleaning material
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,215.17
Total payable by Tenant to Landlord	$8,215.17

Order

Gina Lee Toamau must pay Owen Anthony Mc Intyre and Sheena Kristine Mc Intyre $8,039.52 immediately, calculated as shown in table below.

Reasons

Mr McIntyre appeared for the landlords. At the first hearing I delayed the start of the hearing to allow Ms Toamau the opportunity to appear. However, when she felt make an appearance after a reasonable period of time I decided to proceed with the hearing. I am satisfied that the notices of hearing were correctly served.
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 13 March 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $2620.

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. Photos provided by the landlord show that a substantial amount of rubbish and household items were left in the premises. Additionally the walls were marked the carpet sustained there was mould on the walls from the premises being shut up for a number of months. The landlords gave evidence that there was an amount of drug paraphernalia principally water pipes left in the premises. Based on this the landlords friends and family members carried out an extensive deep clean of the property the amount claimed was $3098, which was based on nominal rates to clean the property. I have reduced this to $1500 on the basis that there was no indication that the drug use in the premises involve methamphetamine or reach levels which required a deep clean, and on the basis that the rates were not for professional cleaning but for the time spent by friends and family. I do acknowledge that the premises were in poor condition after the tenancy ended. I ward the tip fees in full.
The following chattels were missing at the end of the tenancy: curtains and blinds, a refrigerator, a washing machine, and a dehumidifier. The evidence is that the tenant gave away these items to people who were assisting her with moving out. A text between the tenant sent landlord indicated that she had mistakenly believed that she owned these items. This was reported to the police as theft, which it was. The fridge was some seven years old when the tenancy was abandoned, and the washing machine four years old, I have depreciated both based on a seven year lifespan to allow for betterment. The dehumidifier was brand-new at the start of the tenancy, therefore I ward its full replacement value. The tenant also took curtains and a roller blind, the landlord has claimed it depreciated figure based on the age of these items and I award the figures sought. I also award the costs of reconnecting power and gas which the tenants had let lapse,
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. I am satisfied that the damage caused to the property was intentional. 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 has claimed for a broken sliding door pane, for replacing a door which had been punched in, for replacing a ruined heat pump remote and for hardware including products required in the cleaning and repairs.
I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Owen Anthony Mc Intyre, Sheena Kristine Mc Intyre has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4804601 — Rent arrears at Unit/Flat 4, 11 Trafalgar Street, Johnsonville, Wellington

At a glance

Tenancy Tribunal case 4804601 — Rent arrears at Unit/Flat 4, 11 Trafalgar Street, Johnsonville, Wellington

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