What was the outcome of Tenancy Tribunal case 4848781?

The tribunal order states: Chastina Ratima and Jared Thomas Jones must pay The Property

How much money was awarded in case 4848781?

Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,911.22 awarded to landlord; Property Damage: $22.00 awarded to landlord; Property Damage: $650.00 awarded to landlord

What type of tenancy dispute was case 4848781?

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

Where can I read the official tribunal order for case 4848781?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10375984-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4848781?

The tribunal order states: Chastina Ratima and Jared Thomas Jones must pay The Property

How much money was awarded in case 4848781?

Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,911.22 awarded to landlord; Property Damage: $22.00 awarded to landlord; Property Damage: $650.00 awarded to landlord

What type of tenancy dispute was case 4848781?

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

Where can I read the official tribunal order for case 4848781?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10375984-Tenancy_Tribunal_Order.pdf.

227 Flaxmere Avenue, Flaxmere, Hastings 4120 Tenancy Tribunal Case 4848781 — Property damage

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227 Flaxmere Avenue, Flaxmere, Hastings 4120 Tenancy Tribunal Case 4848781 — 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 4848781 — net $2,280.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$22.00	Lock/key replacement
Cleaning	$500.00	Cleaning
Lawns and Garden work: Rubbish Removal	$1,911.22	Lawns and Garden work: Rubbish Removal
Insurance excess	$650.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,280.80
Total payable by Tenant to Landlord	$2,280.80

Claims and awards for application 4848781 — net $2,280.80 NZD. Verify on MoJ.

Lock/key replacement

Amount: $22.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work: Rubbish Removal

Amount: $1,911.22
Awarded to: Landlord
Reason: Lawns and Garden work: Rubbish Removal

Insurance excess

Amount: $650.00
Awarded to: Landlord
Reason: Insurance excess

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

Chastina Ratima and Jared Thomas Jones must pay The Property Management Team Limited as Agent for Richard and Geemas Buxton $2,280.80 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenants did not attend.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent and Bond
The tenancy ended on 8 February 2024. The landlord has provided rent records proving that the amount of $1,257.14 was owed for rent to that date.
The landlord recovered the bond of $2,080.00 from the Bond Centre, There is accordingly a balance of $822.86 to the tenants’ credit.

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. .
Exit inspection photographs provided by the landlord show that the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenants did not return the keys.
The amounts ordered are proved. The amount awarded as compensation for cleaning costs is a little less than the cleaning costs paid by the landlords. That is because the tenants’ obligation is to leave the premises reasonably clean and tidy not to have it “market ready” for a new tenant.

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.
The landlords have suffered loss from damage to the electrical mains board and because rent was lost for several weeks while cleaning and repair work was carried out.
The evidence persuades me that the damage to the electrical board happened during the tenancy and is more than fair wear and tear. It is for the tenants to provide evidence to show that it was not caused by them intentionally or carelessly by them or by persons at the premises with their permission. There being no such evidence, I find that the tenants must compensate the landlord for their loss.
As noted, in these circumstances the tenants’ liability is limited to the excess paid on the landlord’s insurance claim.
The amounts ordered are proved.
Because The Property Management Team Limited as Agent for Richard and Geemas Buxton has wholly succeeded with the claim I must reimburse the filing fee.

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 4848781 — net $2,280.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$22.00	Lock/key replacement
Cleaning	$500.00	Cleaning
Lawns and Garden work: Rubbish Removal	$1,911.22	Lawns and Garden work: Rubbish Removal
Insurance excess	$650.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,280.80
Total payable by Tenant to Landlord	$2,280.80

Claims and awards for application 4848781 — net $2,280.80 NZD. Verify on MoJ.

Lock/key replacement

Amount: $22.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work: Rubbish Removal

Amount: $1,911.22
Awarded to: Landlord
Reason: Lawns and Garden work: Rubbish Removal

Insurance excess

Amount: $650.00
Awarded to: Landlord
Reason: Insurance excess

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

Chastina Ratima and Jared Thomas Jones must pay The Property Management Team Limited as Agent for Richard and Geemas Buxton $2,280.80 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenants did not attend.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent and Bond
The tenancy ended on 8 February 2024. The landlord has provided rent records proving that the amount of $1,257.14 was owed for rent to that date.
The landlord recovered the bond of $2,080.00 from the Bond Centre, There is accordingly a balance of $822.86 to the tenants’ credit.

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. .
Exit inspection photographs provided by the landlord show that the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenants did not return the keys.
The amounts ordered are proved. The amount awarded as compensation for cleaning costs is a little less than the cleaning costs paid by the landlords. That is because the tenants’ obligation is to leave the premises reasonably clean and tidy not to have it “market ready” for a new tenant.

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.
The landlords have suffered loss from damage to the electrical mains board and because rent was lost for several weeks while cleaning and repair work was carried out.
The evidence persuades me that the damage to the electrical board happened during the tenancy and is more than fair wear and tear. It is for the tenants to provide evidence to show that it was not caused by them intentionally or carelessly by them or by persons at the premises with their permission. There being no such evidence, I find that the tenants must compensate the landlord for their loss.
As noted, in these circumstances the tenants’ liability is limited to the excess paid on the landlord’s insurance claim.
The amounts ordered are proved.
Because The Property Management Team Limited as Agent for Richard and Geemas Buxton has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4848781 — Property damage at 227 Flaxmere Avenue, Flaxmere, Hastings 4120

At a glance

Tenancy Tribunal case 4848781 — Property damage at 227 Flaxmere Avenue, Flaxmere, Hastings 4120

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