What was the outcome of Tenancy Tribunal case 4815918?

The tribunal order states: Victor John Sinnott must pay Tpm Rotorua Limited As Agent For Waitekohe

How much money was awarded in case 4815918?

Cleaning: $100.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4883097 D…: $2,820.00 awarded to landlord; Property Damage: $174.19 awarded to landlord; Property Damage: $308.00 awarded to landlord; Property Damage: $109.94 awarded to landlord; Replace Shower Curtain And Plug And…: $109.49 awarded to landlord; Rubbish Removal: $242.65 awarded to landlord

What type of tenancy dispute was case 4815918?

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

Where can I read the official tribunal order for case 4815918?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10144137-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4815918?

The tribunal order states: Victor John Sinnott must pay Tpm Rotorua Limited As Agent For Waitekohe

How much money was awarded in case 4815918?

Cleaning: $100.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4883097 D…: $2,820.00 awarded to landlord; Property Damage: $174.19 awarded to landlord; Property Damage: $308.00 awarded to landlord; Property Damage: $109.94 awarded to landlord; Replace Shower Curtain And Plug And…: $109.49 awarded to landlord; Rubbish Removal: $242.65 awarded to landlord

What type of tenancy dispute was case 4815918?

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

Where can I read the official tribunal order for case 4815918?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10144137-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 1459 Hinemoa Street, Rotorua 3010 Tenancy Tribunal Case 4815918 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4815918 — net $2,655.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4883097 dated 07/02/2024	$2,820.00	Previous order application 4883097 dated 07/02/2024
Carpet Cleaning	$100.00	Carpet Cleaning
Cleaning	$350.00	Cleaning
Rubbish removal	$242.65	Rubbish removal
Replace shower curtain and plug and towel rail	$109.49	Replace shower curtain and plug and towel rail
Repairs to bathroom wall	$174.19	Repairs to bathroom wall
Lock/key replacement	$308.00	Lock/key replacement
Window repairs	$109.94	Window repairs
Filing fee reimbursement: For application heard 7 February 2024	$20.44	For application heard 7 February 2024
Filing fee reimbursement: For this application	$20.44	For this application
Net award	$2,655.15
Total payable by Tenant to Landlord	$2,655.15

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?

On 7 February 2024 the Tribunal made an order relating to this tenancy, for rent arrears until 12 February 2024 of $2,820.00. The previous order is incorporated into this order for enforcement purposes.

The bond has subsequently been refunded to the landlord with the tenants agreement.

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 landlord’s evidence was that the unit was dirty throughout including the oven, that the carpets were marked and smelly and surfaces showed dirt and marks.

The landlord also said there was rubbish left inside and outside the unit that required removal.

The landlord claimed $350.00 for cleaning cost, including the oven clean. I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably tidy condition. The landlord advised that the property was cleaned to a level that it was able to be re-tenanted.

The tenant did not return the keys. The tenant also damaged the latch handles on the front door.

A pop up plug, shower curtain and towel rail were missing at the end of the tenancy

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: a. The bathroom wall was damaged and needed to be plastered and repaired. The landlord provided photographs of the damage to the wall at the hearing which confirm it is likely the damage was caused by intentional actions. b. The entry door window was broken and the evidence establishes that it is likely the window had been deliberately forced

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 amount ordered is for the required repair only.

Because Tpm Rotorua Limited As Agent For Waitekohe Trust And Yolanda Adlam has wholly succeeded with the claim I must reimburse the filing fee.

I also reimburse the filing fee for the application heard on 7 February 2024.

Claims and awards in Tenancy Tribunal application 4815918 — net $2,655.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4883097 dated 07/02/2024	$2,820.00	Previous order application 4883097 dated 07/02/2024
Carpet Cleaning	$100.00	Carpet Cleaning
Cleaning	$350.00	Cleaning
Rubbish removal	$242.65	Rubbish removal
Replace shower curtain and plug and towel rail	$109.49	Replace shower curtain and plug and towel rail
Repairs to bathroom wall	$174.19	Repairs to bathroom wall
Lock/key replacement	$308.00	Lock/key replacement
Window repairs	$109.94	Window repairs
Filing fee reimbursement: For application heard 7 February 2024	$20.44	For application heard 7 February 2024
Filing fee reimbursement: For this application	$20.44	For this application
Net award	$2,655.15
Total payable by Tenant to Landlord	$2,655.15

Order

Victor John Sinnott must pay Tpm Rotorua Limited As Agent For Waitekohe Trust And Yolanda Adlam $2,655.15 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 7 February 2024 under application [2024] NZTT 4783097.

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?

On 7 February 2024 the Tribunal made an order relating to this tenancy, for rent arrears until 12 February 2024 of $2,820.00. The previous order is incorporated into this order for enforcement purposes.
The bond has subsequently been refunded to the landlord with the tenants agreement.

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 landlord’s evidence was that the unit was dirty throughout including the oven, that the carpets were marked and smelly and surfaces showed dirt and marks.
The landlord also said there was rubbish left inside and outside the unit that required removal.
The landlord claimed $350.00 for cleaning cost, including the oven clean. I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably tidy condition. The landlord advised that the property was cleaned to a level that it was able to be re-tenanted.
The tenant did not return the keys. The tenant also damaged the latch handles on the front door.
A pop up plug, shower curtain and towel rail were missing at the end of the tenancy
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: a. The bathroom wall was damaged and needed to be plastered and repaired. The landlord provided photographs of the damage to the wall at the hearing which confirm it is likely the damage was caused by intentional actions. b. The entry door window was broken and the evidence establishes that it is likely the window had been deliberately forced
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 amount ordered is for the required repair only.
Because Tpm Rotorua Limited As Agent For Waitekohe Trust And Yolanda Adlam has wholly succeeded with the claim I must reimburse the filing fee.
I also reimburse the filing fee for the application heard on 7 February 2024.

Tenancy Tribunal case 4815918 — Property damage at Unit/Flat 2, 1459 Hinemoa Street, Rotorua 3010

At a glance

Tenancy Tribunal case 4815918 — Property damage at Unit/Flat 2, 1459 Hinemoa Street, Rotorua 3010

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