What was the outcome of Tenancy Tribunal case 4856220?

The tribunal order states: Crystall Jayell Reti is to pay Property Brokers Limited $1,106.19 immediately,

How much money was awarded in case 4856220?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4856220?

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

Where can I read the official tribunal order for case 4856220?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10877280-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4856220?

The tribunal order states: Crystall Jayell Reti is to pay Property Brokers Limited $1,106.19 immediately,

How much money was awarded in case 4856220?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4856220?

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

Where can I read the official tribunal order for case 4856220?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10877280-Tenancy_Tribunal_Order.pdf.

41 Morvern Crescent, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 4856220 — Cleanliness

Order

Crystall Jayell Reti is to pay Property Brokers Limited $1,106.19 immediately, calculated as follows: DescriptionAmount Awarded Rent arrears$100.00 Repairs to bedroom wall$120.75 Cleaning of the whole house$466.90 Application fee$20.44 Lock change$246.25 Rubbish removal$151.85 Total$1,106.19

Reasons

Both parties attended the initial hearing, but only the Landlord attended today’s 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.
The parties participated in mediation on 17 May 2023. Agreement was reached regarding the following claims: a. $100.00 rent arrears b. $120.75 repairs to bedroom wall c. $466.90 cleaning d. $20.44 application fee
The following claims remain unresolved: a. $246.25 lock change b. $251.85 rubbish removal.

How much is owed for rent?

The tenancy ended on 21 February 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $100.00

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 Tenant agreed to and did not dispute the following claims: a. Cleaning of the whole house: $466.90 (I have viewed the photographs of the premises at the end of the tenancy and the cleaning claim is plainly made out. b. Rubbish removal $251.85 (less $100 for the owner’s barbecue): $151.85 (I have viewed photographs of the rubbish requiring removal at the end of the tenancy.) c. Lock change $246.25 (The tenant did not return the keys.)

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
Damage was caused during the tenancy, justifying the following awards of compensation: a. Hole in bedroom wall $120.75
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.

Order

Crystall Jayell Reti is to pay Property Brokers Limited $1,106.19 immediately, calculated as follows: DescriptionAmount Awarded Rent arrears$100.00 Repairs to bedroom wall$120.75 Cleaning of the whole house$466.90 Application fee$20.44 Lock change$246.25 Rubbish removal$151.85 Total$1,106.19

Reasons

Both parties attended the initial hearing, but only the Landlord attended today’s 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.
The parties participated in mediation on 17 May 2023. Agreement was reached regarding the following claims: a. $100.00 rent arrears b. $120.75 repairs to bedroom wall c. $466.90 cleaning d. $20.44 application fee
The following claims remain unresolved: a. $246.25 lock change b. $251.85 rubbish removal.

How much is owed for rent?

The tenancy ended on 21 February 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $100.00

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 Tenant agreed to and did not dispute the following claims: a. Cleaning of the whole house: $466.90 (I have viewed the photographs of the premises at the end of the tenancy and the cleaning claim is plainly made out. b. Rubbish removal $251.85 (less $100 for the owner’s barbecue): $151.85 (I have viewed photographs of the rubbish requiring removal at the end of the tenancy.) c. Lock change $246.25 (The tenant did not return the keys.)

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
Damage was caused during the tenancy, justifying the following awards of compensation: a. Hole in bedroom wall $120.75
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.

Tenancy Tribunal case 4856220 — Cleanliness at 41 Morvern Crescent, Tokoroa, Tokoroa 3420

Tenancy Tribunal case 4856220 — Cleanliness at 41 Morvern Crescent, Tokoroa, Tokoroa 3420

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?

Property management

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?

Property management