What was the outcome of Tenancy Tribunal case 4827623?

The tribunal order states: Michaela Ann White must pay [The landlord/s] $2,608.39 immediately, calculated

How much money was awarded in case 4827623?

Cleaning: $28.45 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $481.97 awarded to landlord; Rent Arrears: $2,051.86 awarded to landlord; 4 Doors And Wall Holes: $850.00 awarded to landlord; 5 Glass Windows: $450.00 awarded to landlord; Paint For Walls: $221.70 awarded to landlord; Rubbish Removal: $243.97 awarded to landlord

What type of tenancy dispute was case 4827623?

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

Where can I read the official tribunal order for case 4827623?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10071208-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4827623?

The tribunal order states: Michaela Ann White must pay [The landlord/s] $2,608.39 immediately, calculated

How much money was awarded in case 4827623?

Cleaning: $28.45 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $481.97 awarded to landlord; Rent Arrears: $2,051.86 awarded to landlord; 4 Doors And Wall Holes: $850.00 awarded to landlord; 5 Glass Windows: $450.00 awarded to landlord; Paint For Walls: $221.70 awarded to landlord; Rubbish Removal: $243.97 awarded to landlord

What type of tenancy dispute was case 4827623?

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

Where can I read the official tribunal order for case 4827623?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10071208-Tenancy_Tribunal_Order.pdf.

23 Helena Road, Hillcrest, Hamilton 3216 Tenancy Tribunal Case 4827623 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

23 Helena Road, Hillcrest, Hamilton 3216 Tenancy Tribunal Case 4827623 — Rent arrears | 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 4827623 — net $2,608.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 February 2024	$2,051.86	Rent arrears to 4 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lock/key replacement	$481.97	Lock/key replacement
Repairs: 5 glass windows	$450.00	Repairs: 5 glass windows
Repairs: Paint for walls	$221.70	Repairs: Paint for walls
Rubbish removal	$243.97	Rubbish removal
Cleaning supplies	$28.45	Cleaning supplies
Repairs: 4 doors and wall holes	$850.00	Repairs: 4 doors and wall holes
Net award	$2,608.39
Total payable by Tenant to Landlord	$2,608.39

Claims and awards for application 4827623 — net $2,608.39 NZD. Verify on MoJ.

Rent arrears to 4 February 2024

Amount: $2,051.86
Awarded to: Landlord
Reason: Rent arrears to 4 February 2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Lock/key replacement

Amount: $481.97
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: 5 glass windows

Amount: $450.00
Awarded to: Landlord
Reason: Repairs: 5 glass windows

Repairs: Paint for walls

Amount: $221.70
Awarded to: Landlord
Reason: Repairs: Paint for walls

Dismissed claims

Flea Treatment — due to lack of evidence.
Lightbulbs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Michaela Ann White must pay [The landlord/s] $2,608.39 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,740.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not appear, and the hearing continued in their absence.
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?

The tenancy ended on 4 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord believed that the tenant had moved out of the premises and sought confirmation in order to regain possession. A copy of an email dated 13 March from the tenant was provided confirming that she had left the premises on 2 February 2024.The landlord sought rent arrears to this date.

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. 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. Photographs of a large amount of rubbish left behind including couches and mattresses, rubbish bags, pallets and a washing machine were provided. The amount claimed is awarded.
The tenant did not return the keys.
The claim for flea treatment is dismissed due to lack of evidence.
The landlord said that he had to replace all the light bulbs, but no evidence was provided, and this is dismissed.
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 landlord provided a signed property inspection report that was attached to the original tenancy agreement. This noted 3 previous damages that were not claimed at the hearing.
The following damage was caused during the tenancy: 1) Five glass panes from windows and doors were broken. Photographs were provided. 2) Three doors were damaged and there were holes in walls of the bedroom, bathroom, and hallway. There were also holes from nails and screws in the walls. Photographs of this damage was provided. 3) One bedroom had drawings over it that could not be removed and required repainting. There was no evidence provided of the yellow ceilings so the award for paint is reduced.
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 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 [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded with the claim and name suppression is granted.

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 4827623 — net $2,608.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 February 2024	$2,051.86	Rent arrears to 4 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Lock/key replacement	$481.97	Lock/key replacement
Repairs: 5 glass windows	$450.00	Repairs: 5 glass windows
Repairs: Paint for walls	$221.70	Repairs: Paint for walls
Rubbish removal	$243.97	Rubbish removal
Cleaning supplies	$28.45	Cleaning supplies
Repairs: 4 doors and wall holes	$850.00	Repairs: 4 doors and wall holes
Net award	$2,608.39
Total payable by Tenant to Landlord	$2,608.39

Claims and awards for application 4827623 — net $2,608.39 NZD. Verify on MoJ.

Rent arrears to 4 February 2024

Amount: $2,051.86
Awarded to: Landlord
Reason: Rent arrears to 4 February 2024

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Lock/key replacement

Amount: $481.97
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: 5 glass windows

Amount: $450.00
Awarded to: Landlord
Reason: Repairs: 5 glass windows

Repairs: Paint for walls

Amount: $221.70
Awarded to: Landlord
Reason: Repairs: Paint for walls

Dismissed claims

Flea Treatment — due to lack of evidence.
Lightbulbs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Michaela Ann White must pay [The landlord/s] $2,608.39 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,740.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not appear, and the hearing continued in their absence.
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?

The tenancy ended on 4 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The landlord believed that the tenant had moved out of the premises and sought confirmation in order to regain possession. A copy of an email dated 13 March from the tenant was provided confirming that she had left the premises on 2 February 2024.The landlord sought rent arrears to this date.

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. 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. Photographs of a large amount of rubbish left behind including couches and mattresses, rubbish bags, pallets and a washing machine were provided. The amount claimed is awarded.
The tenant did not return the keys.
The claim for flea treatment is dismissed due to lack of evidence.
The landlord said that he had to replace all the light bulbs, but no evidence was provided, and this is dismissed.
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 landlord provided a signed property inspection report that was attached to the original tenancy agreement. This noted 3 previous damages that were not claimed at the hearing.
The following damage was caused during the tenancy: 1) Five glass panes from windows and doors were broken. Photographs were provided. 2) Three doors were damaged and there were holes in walls of the bedroom, bathroom, and hallway. There were also holes from nails and screws in the walls. Photographs of this damage was provided. 3) One bedroom had drawings over it that could not be removed and required repainting. There was no evidence provided of the yellow ceilings so the award for paint is reduced.
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 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 [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded with the claim and name suppression is granted.

Tenancy Tribunal case 4827623 — Rent arrears at 23 Helena Road, Hillcrest, Hamilton 3216

At a glance

Tenancy Tribunal case 4827623 — Rent arrears at 23 Helena Road, Hillcrest, Hamilton 3216

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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