How much money was awarded in case 4833097?

Cleaning: $230.00 awarded to landlord; Cleaning: $360.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Fence: $784.76 awarded to landlord; Property Damage: $879.50 awarded to landlord; Rubbish Removal: $358.00 awarded to landlord; Smoke Alarms: $29.40 awarded to landlord

What type of tenancy dispute was case 4833097?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4833097?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10171692-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4833097?

Cleaning: $230.00 awarded to landlord; Cleaning: $360.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Fence: $784.76 awarded to landlord; Property Damage: $879.50 awarded to landlord; Rubbish Removal: $358.00 awarded to landlord; Smoke Alarms: $29.40 awarded to landlord

What type of tenancy dispute was case 4833097?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4833097?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10171692-Tenancy_Tribunal_Order.pdf.

44C Liffiton Street, Gonville, Whanganui 4500 Tenancy Tribunal Case 4833097 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4833097?

The tribunal order states: Neil Michael Whitirangi Tapa-Ngatuere must pay Rent A House Limited $762.10

Order

Claims and awards in Tenancy Tribunal application 4833097 — net $762.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$230.00	Carpet Cleaning
Cleaning	$360.00	Cleaning
Rubbish removal	$358.00	Rubbish removal
Repairs: holes in walls and dog damage	$879.50	Repairs: holes in walls and dog damage
Repairs: fence	$784.76	Repairs: fence
Replace smoke alarms	$29.40	Replace smoke alarms
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$762.10
Total payable by Tenant to Landlord	$762.10

Neil Michael Whitirangi Tapa-Ngatuere must pay Rent A House Limited $762.10 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,900.00 (3344521-010) to Rent A House Limited immediately. DescriptionLandlord Carpet Cleaning$230.00 Cleaning$360.00 Rubbish removal$358.00 Repairs: holes in walls and dog damage$879.50 Repairs: fence$784.76 Replace smoke alarms$29.40 Filing fee reimbursement$20.44 Total award$2,662.10 Bond$1,900.00 Total payable by Tenant to Landlord$762.10

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, 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. Because the tenants had a dog at the property it is appropriate that they are responsible for having the carpets cleaned at the end of the tenancy.

Two smoke alarms 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.

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. Holes in walls. b. Marks and deep indentations to walls. c. Holes in a door. d. Broken door handle. e. Dog scratches to door frames and doors. f. Damage to the back fence caused by some kind of missiles, such as slugs.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was intentional as the tenants did not stop their dog from continuing to damage the property.

The amounts ordered are proved.

Because Rent A House Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4833097 — net $762.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$230.00	Carpet Cleaning
Cleaning	$360.00	Cleaning
Rubbish removal	$358.00	Rubbish removal
Repairs: holes in walls and dog damage	$879.50	Repairs: holes in walls and dog damage
Repairs: fence	$784.76	Repairs: fence
Replace smoke alarms	$29.40	Replace smoke alarms
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$762.10
Total payable by Tenant to Landlord	$762.10

Order

Neil Michael Whitirangi Tapa-Ngatuere must pay Rent A House Limited $762.10 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,900.00 (3344521-010) to Rent A House Limited immediately. DescriptionLandlord Carpet Cleaning$230.00 Cleaning$360.00 Rubbish removal$358.00 Repairs: holes in walls and dog damage$879.50 Repairs: fence$784.76 Replace smoke alarms$29.40 Filing fee reimbursement$20.44 Total award$2,662.10 Bond$1,900.00 Total payable by Tenant to Landlord$762.10

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, 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. Because the tenants had a dog at the property it is appropriate that they are responsible for having the carpets cleaned at the end of the tenancy.
Two smoke alarms 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.
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. Holes in walls. b. Marks and deep indentations to walls. c. Holes in a door. d. Broken door handle. e. Dog scratches to door frames and doors. f. Damage to the back fence caused by some kind of missiles, such as slugs.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was intentional as the tenants did not stop their dog from continuing to damage the property.
The amounts ordered are proved.
Because Rent A House Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4833097 — Property damage at 44C Liffiton Street, Gonville, Whanganui 4500

At a glance

Tenancy Tribunal case 4833097 — Property damage at 44C Liffiton Street, Gonville, Whanganui 4500

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