How much money was awarded in case 4807037?

Cleaning: $587.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $370.19 awarded to landlord; Shower: $200.00 awarded to landlord; Toilet: $200.00 awarded to landlord; Walls and Doors: $600.00 awarded to landlord; Rubbish Removal: $825.00 awarded to landlord

What type of tenancy dispute was case 4807037?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4807037?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10285349-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4807037?

Cleaning: $587.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $370.19 awarded to landlord; Shower: $200.00 awarded to landlord; Toilet: $200.00 awarded to landlord; Walls and Doors: $600.00 awarded to landlord; Rubbish Removal: $825.00 awarded to landlord

What type of tenancy dispute was case 4807037?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4807037?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10285349-Tenancy_Tribunal_Order.pdf.

41A Honore Drive, Linton, RD 2, Palmerston North 4472 Tenancy Tribunal Case 4807037 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4807037?

The tribunal order states: Teressa Hagley must pay Inspire Property Management Limited As Agent For

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Order

Claims and awards in Tenancy Tribunal application 4807037 — net $283.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$587.50	Cleaning
Rubbish removal	$825.00	Rubbish removal
Lock/key replacement	$370.19	Lock/key replacement
Repairs: walls and doors	$600.00	Repairs: walls and doors
Repairs: shower	$200.00	Repairs: shower
Repairs: toilet	$200.00	Repairs: toilet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$283.13
Total payable by Tenant to Landlord	$283.13

Teressa Hagley must pay Inspire Property Management Limited As Agent For Jordan Robertson $283.13 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,520.00 (3388863-009) to Inspire Property Management Limited As Agent For Jordan Robertson immediately. DescriptionLandlord Cleaning$587.50 Rubbish removal$825.00 Lock/key replacement$370.19 Repairs: walls and doors$600.00 Repairs: shower$200.00 Repairs: toilet$200.00 Filing fee reimbursement$20.44 Total award$2,803.13 Bond$2,520.00 Total payable by Tenant to Landlord$283.13

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

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 following damage was caused during the tenancy: a. A soap dispenser was affixed to one of the showers and not removed at the end of the tenancy. This damage was intentional. b. There were numerous holes in walls, doors and wardrobe doors. Because of the number and extensive nature of the holes, this damage is intentional. c. The toilet seat, toilet roll holder and hand towel rack required repair. This damage is careless.

The landlord also claimed for the repair of a laundry shelf and pipes, the draught stopper in the front door and the repair of the front gate. There is no evidence before the Tribunal that these damages occurred during the tenancy or were not the result of fair wear and tear. These claims are dismissed.

The landlord’s claim for shower repairs included the relining of the shower. No evidence was produced that would persuade me that the tenant should be liable for repairs beyond removing the soap dispenser and making that area watertight.

The amounts ordered are proved. Because the landlord’s contractor’s invoice for repairs does not include a GST number, it is not a GST invoice and the supplier cannot therefore claim GST. Also, the invoice charges “tax” at 17.5% which is not the current rate of GST. These factors have been included in the Tribunal’s determination of the amounts awarded.

Because Inspire Property Management Limited As Agent For Jordan Robertson has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4807037 — net $283.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$587.50	Cleaning
Rubbish removal	$825.00	Rubbish removal
Lock/key replacement	$370.19	Lock/key replacement
Repairs: walls and doors	$600.00	Repairs: walls and doors
Repairs: shower	$200.00	Repairs: shower
Repairs: toilet	$200.00	Repairs: toilet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$283.13
Total payable by Tenant to Landlord	$283.13

Teressa Hagley must pay Inspire Property Management Limited As Agent For Jordan Robertson $283.13 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

Because Inspire Property Management Limited As Agent For Jordan Robertson has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4807037 — Property damage at 41A Honore Drive, Linton, RD 2, Palmerston North 4472

At a glance

Tenancy Tribunal case 4807037 — Property damage at 41A Honore Drive, Linton, RD 2, Palmerston North 4472

At a glance

Award balance

Claims & awards

Order

Reasons

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

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