What was the outcome of Tenancy Tribunal case 4834658?

The tribunal order states: Samuel Nicholas Flighty must pay Property Brokers Limited As Agent For R

How much money was awarded in case 4834658?

Rubbish Removal: $1,060.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4756762 D…: $730.44 awarded to landlord; Property Damage: $885.85 awarded to landlord

What type of tenancy dispute was case 4834658?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4834658?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10314310-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4834658?

The tribunal order states: Samuel Nicholas Flighty must pay Property Brokers Limited As Agent For R

How much money was awarded in case 4834658?

Rubbish Removal: $1,060.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4756762 D…: $730.44 awarded to landlord; Property Damage: $885.85 awarded to landlord

What type of tenancy dispute was case 4834658?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4834658?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10314310-Tenancy_Tribunal_Order.pdf.

8 Kingfisher Place, Taihape, Taihape 4720 Tenancy Tribunal Case 4834658 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4834658 — net $2,696.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4756762 dated 31/01/2024	$730.44	Previous order application 4756762 dated 31/01/2024
Cleaning: incl rubbish removal and light bulbs	$1,060.00	Cleaning: incl rubbish removal and light bulbs
Repairs	$885.85	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,696.73
Total payable by Tenant to Landlord	$2,696.73

The landlord attended the hearing. There was no appearance for the tenant.

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

The tenancy ended on 31 January 2024 as a result of a termination order.

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) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord provided photographs showing that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The cleaning and rubbish removal required was extensive.

The landlord had to replace light bulbs and smoke alarm batteries.

The landlord provided an invoice for cleaning, replacement of light bulbs and initial dump fees. That came to $913.00. Three further trips to the dump were required, and the landlord provided receipts totalling a further $147.00.

The amount of $1,060 ordered is 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 broken lounge window, removal of two louvre panels, multiple holes in walls, broken and missing door handles, a paint spill on the front steps, broken window latches and missing curtain hooks. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proved.

Because Property Brokers Limited As Agent For R And L Bloomfield has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4834658 — net $2,696.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4756762 dated 31/01/2024	$730.44	Previous order application 4756762 dated 31/01/2024
Cleaning: incl rubbish removal and light bulbs	$1,060.00	Cleaning: incl rubbish removal and light bulbs
Repairs	$885.85	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,696.73
Total payable by Tenant to Landlord	$2,696.73

Order

Samuel Nicholas Flighty must pay Property Brokers Limited As Agent For R And L Bloomfield $2,696.73 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 31 January 2024 as a result of a termination order.

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) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord provided photographs showing that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The cleaning and rubbish removal required was extensive.
The landlord had to replace light bulbs and smoke alarm batteries.
The landlord provided an invoice for cleaning, replacement of light bulbs and initial dump fees. That came to $913.00. Three further trips to the dump were required, and the landlord provided receipts totalling a further $147.00.
The amount of $1,060 ordered is 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 broken lounge window, removal of two louvre panels, multiple holes in walls, broken and missing door handles, a paint spill on the front steps, broken window latches and missing curtain hooks. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
Because Property Brokers Limited As Agent For R And L Bloomfield has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4834658 — Property damage at 8 Kingfisher Place, Taihape, Taihape 4720

At a glance

Tenancy Tribunal case 4834658 — Property damage at 8 Kingfisher Place, Taihape, Taihape 4720

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