What was the outcome of Tenancy Tribunal case 4860130?

The tribunal order states: Levi Hawe must pay Property Brokers Limited As Agent For Brightlands Trust

How much money was awarded in case 4860130?

Cleaning: $1,265.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $657.80 awarded to landlord; Property Damage: $143.75 awarded to landlord; Property Damage: $632.50 awarded to landlord; Rent Arrears: $2,631.56 awarded to landlord; Rubbish Removal: $1,092.50 awarded to landlord

What type of tenancy dispute was case 4860130?

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

Where can I read the official tribunal order for case 4860130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10487602-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4860130?

The tribunal order states: Levi Hawe must pay Property Brokers Limited As Agent For Brightlands Trust

How much money was awarded in case 4860130?

Cleaning: $1,265.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $657.80 awarded to landlord; Property Damage: $143.75 awarded to landlord; Property Damage: $632.50 awarded to landlord; Rent Arrears: $2,631.56 awarded to landlord; Rubbish Removal: $1,092.50 awarded to landlord

What type of tenancy dispute was case 4860130?

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

Where can I read the official tribunal order for case 4860130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10487602-Tenancy_Tribunal_Order.pdf.

21 Hood Street, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 4860130 — Rent arrears

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21 Hood Street, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 4860130 — 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 4860130 — net $4,543.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,631.56	Rent arrears
Lock/key replacement	$143.75	Lock/key replacement
Cleaning	$1,265.00	Cleaning
Rubbish removal	$1,092.50	Rubbish removal
Lawns and Garden work	$657.80	Lawns and Garden work
Repairs	$632.50	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,543.55
Total payable by Tenant to Landlord	$4,543.55

Claims and awards for application 4860130 — net $4,543.55 NZD. Verify on MoJ.

Rent arrears

Amount: $2,631.56
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $143.75
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $1,265.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,092.50
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $657.80
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Levi Hawe must pay Property Brokers Limited As Agent For Brightlands Trust $4,543.55 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,900.00 (6411498-003) to Property Brokers Limited As Agent For Brightlands Trust immediately. DescriptionLandlord Rent arrears$2,631.56 Lock/key replacement$143.75 Cleaning$1,265.00 Rubbish removal$1,092.50 Lawns and Garden work$657.80 Repairs$632.50 Filing fee reimbursement$20.44 Total award$6,443.55 Bond$1,900.00 Total payable by Tenant to Landlord$4,543.55

Reasons

The landlord attended the hearing.
The tenant did not attend the 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.

How much is owed for rent?

The tenancy ended on 14 February 2024. The landlord provided rent records which prove the amount owing at 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, 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appeared as if the tenant had taken with him items he wanted to keep and left everything else behind, without making any attempt to clean the property.
The tenant did not return the keys.
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. A pane of glass in the hall door was broken. b. A pane of glass in a bedroom window was broken. c. The pantry door was broken off its hinges.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was careless at best and the amount claimed is less than the limit provided in section 49B RTA.
The amounts ordered are proved.
Because Property Brokers Limited As Agent For Brightlands Trust 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 4860130 — net $4,543.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,631.56	Rent arrears
Lock/key replacement	$143.75	Lock/key replacement
Cleaning	$1,265.00	Cleaning
Rubbish removal	$1,092.50	Rubbish removal
Lawns and Garden work	$657.80	Lawns and Garden work
Repairs	$632.50	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,543.55
Total payable by Tenant to Landlord	$4,543.55

Claims and awards for application 4860130 — net $4,543.55 NZD. Verify on MoJ.

Rent arrears

Amount: $2,631.56
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $143.75
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $1,265.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,092.50
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $657.80
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Levi Hawe must pay Property Brokers Limited As Agent For Brightlands Trust $4,543.55 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,900.00 (6411498-003) to Property Brokers Limited As Agent For Brightlands Trust immediately. DescriptionLandlord Rent arrears$2,631.56 Lock/key replacement$143.75 Cleaning$1,265.00 Rubbish removal$1,092.50 Lawns and Garden work$657.80 Repairs$632.50 Filing fee reimbursement$20.44 Total award$6,443.55 Bond$1,900.00 Total payable by Tenant to Landlord$4,543.55

Reasons

The landlord attended the hearing.
The tenant did not attend the 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.

How much is owed for rent?

The tenancy ended on 14 February 2024. The landlord provided rent records which prove the amount owing at 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, 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appeared as if the tenant had taken with him items he wanted to keep and left everything else behind, without making any attempt to clean the property.
The tenant did not return the keys.
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. A pane of glass in the hall door was broken. b. A pane of glass in a bedroom window was broken. c. The pantry door was broken off its hinges.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was careless at best and the amount claimed is less than the limit provided in section 49B RTA.
The amounts ordered are proved.
Because Property Brokers Limited As Agent For Brightlands Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4860130 — Rent arrears at 21 Hood Street, Castlecliff, Whanganui 4501

At a glance

Tenancy Tribunal case 4860130 — Rent arrears at 21 Hood Street, Castlecliff, Whanganui 4501

At a glance

Award balance

Claims & awards

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

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