What was the outcome of Tenancy Tribunal case 4812602?

The tribunal order states: Shaun Barnes must pay Property Brokers Limited As Agent For Denise Banks

How much money was awarded in case 4812602?

Cleaning: $87.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $363.29 awarded to landlord; Property Damage: $126.16 awarded to landlord; Property Damage: $1,234.30 awarded to landlord; Property Damage: $1,130.34 awarded to landlord; Property Damage: $83.38 awarded to landlord; Rent Arrears: $457.14 awarded to landlord; Rubbish Removal: $1,501.45 awarded to landlord; Rubbish Removal: $672.75 awarded to landlord

What type of tenancy dispute was case 4812602?

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

Where can I read the official tribunal order for case 4812602?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10463424-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4812602?

The tribunal order states: Shaun Barnes must pay Property Brokers Limited As Agent For Denise Banks

How much money was awarded in case 4812602?

Cleaning: $87.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $363.29 awarded to landlord; Property Damage: $126.16 awarded to landlord; Property Damage: $1,234.30 awarded to landlord; Property Damage: $1,130.34 awarded to landlord; Property Damage: $83.38 awarded to landlord; Rent Arrears: $457.14 awarded to landlord; Rubbish Removal: $1,501.45 awarded to landlord; Rubbish Removal: $672.75 awarded to landlord

What type of tenancy dispute was case 4812602?

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

Where can I read the official tribunal order for case 4812602?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10463424-Tenancy_Tribunal_Order.pdf.

19 Mawake Place, Turangi, Turangi 3334 Tenancy Tribunal Case 4812602 — Property damage

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19 Mawake Place, Turangi, Turangi 3334 Tenancy Tribunal Case 4812602 — 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 4812602 — net $5,876.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7/2/2024	$457.14	Rent arrears to 7/2/2024
Lock/key replacement	$363.29	Lock/key replacement
Cleaning: Ceilings	$87.50	Cleaning: Ceilings
Secure garage and repair locks	$126.16	Secure garage and repair locks
Rubbish removal: and cleaning interior rubbish	$672.75	Rubbish removal: and cleaning interior rubbish
Repairs to walls and doors and exterior rubbish removal including sheds	$1,501.45	Repairs to walls and doors and exterior rubbish removal including sheds
Repairs to exterior weatherboards and boarding windows	$1,234.30	Repairs to exterior weatherboards and boarding windows
Lawns and Garden work	$200.00	Lawns and Garden work
Window repairs - replace 7 windows	$1,130.34	Window repairs - replace 7 windows
Repairs to meter board	$83.38	Repairs to meter board
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,876.75
Total payable by Tenant to Landlord	$5,876.75

Claims and awards for application 4812602 — net $5,876.75 NZD. Verify on MoJ.

Rent arrears to 7/2/2024

Amount: $457.14
Awarded to: Landlord
Reason: Rent arrears to 7/2/2024

Lock/key replacement

Amount: $363.29
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning: Ceilings

Amount: $87.50
Awarded to: Landlord
Reason: Cleaning: Ceilings

Secure garage and repair locks

Amount: $126.16
Awarded to: Landlord
Reason: Secure garage and repair locks

Rubbish removal: and cleaning interior rubbish

Amount: $672.75
Awarded to: Landlord
Reason: Rubbish removal: and cleaning interior rubbish

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Shaun Barnes must pay Property Brokers Limited As Agent For Denise Banks & Nicole Birch $5,876.75 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. Mr Barnes did not attend in person in Taupo and did not answer calls to his phone.
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 7 February 2024 which is 28 days after the landlord became aware (from the local Police and Mr Barnes) the property had been abandoned. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The amount awarded takes account of the bond of $1,520 which has been refunded to the landlord.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The cost of cleaning the ceiling is awarded as the ceiling had a yellow stick stain probably caused by smoke.
The claim for garden work is reduced as trimming trees and bigger section work is a landlord responsibility.
The tenant did not return the keys. The deadbolt on the ranch-slider and garage door locks needed repair.
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.
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: several windows were broken and several walls and doors damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amounts awarded are for repair of the damaged surfaces and replacement of the windows and door handles only. The amounts awarded only return the landlord to the position they would have been in had the tenant not breached their obligations, and ensures they are not either better or worse off.
The tenant is to pay the filing fee as the application is largely successful.
The public interest requires that the order is published

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 4812602 — net $5,876.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7/2/2024	$457.14	Rent arrears to 7/2/2024
Lock/key replacement	$363.29	Lock/key replacement
Cleaning: Ceilings	$87.50	Cleaning: Ceilings
Secure garage and repair locks	$126.16	Secure garage and repair locks
Rubbish removal: and cleaning interior rubbish	$672.75	Rubbish removal: and cleaning interior rubbish
Repairs to walls and doors and exterior rubbish removal including sheds	$1,501.45	Repairs to walls and doors and exterior rubbish removal including sheds
Repairs to exterior weatherboards and boarding windows	$1,234.30	Repairs to exterior weatherboards and boarding windows
Lawns and Garden work	$200.00	Lawns and Garden work
Window repairs - replace 7 windows	$1,130.34	Window repairs - replace 7 windows
Repairs to meter board	$83.38	Repairs to meter board
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,876.75
Total payable by Tenant to Landlord	$5,876.75

Claims and awards for application 4812602 — net $5,876.75 NZD. Verify on MoJ.

Rent arrears to 7/2/2024

Amount: $457.14
Awarded to: Landlord
Reason: Rent arrears to 7/2/2024

Lock/key replacement

Amount: $363.29
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning: Ceilings

Amount: $87.50
Awarded to: Landlord
Reason: Cleaning: Ceilings

Secure garage and repair locks

Amount: $126.16
Awarded to: Landlord
Reason: Secure garage and repair locks

Rubbish removal: and cleaning interior rubbish

Amount: $672.75
Awarded to: Landlord
Reason: Rubbish removal: and cleaning interior rubbish

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Shaun Barnes must pay Property Brokers Limited As Agent For Denise Banks & Nicole Birch $5,876.75 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. Mr Barnes did not attend in person in Taupo and did not answer calls to his phone.
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 7 February 2024 which is 28 days after the landlord became aware (from the local Police and Mr Barnes) the property had been abandoned. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The amount awarded takes account of the bond of $1,520 which has been refunded to the landlord.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The cost of cleaning the ceiling is awarded as the ceiling had a yellow stick stain probably caused by smoke.
The claim for garden work is reduced as trimming trees and bigger section work is a landlord responsibility.
The tenant did not return the keys. The deadbolt on the ranch-slider and garage door locks needed repair.
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.
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: several windows were broken and several walls and doors damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation. The amounts awarded are for repair of the damaged surfaces and replacement of the windows and door handles only. The amounts awarded only return the landlord to the position they would have been in had the tenant not breached their obligations, and ensures they are not either better or worse off.
The tenant is to pay the filing fee as the application is largely successful.
The public interest requires that the order is published

Tenancy Tribunal case 4812602 — Property damage at 19 Mawake Place, Turangi, Turangi 3334

At a glance

Tenancy Tribunal case 4812602 — Property damage at 19 Mawake Place, Turangi, Turangi 3334

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