What was the outcome of Tenancy Tribunal case 4864281?

The tribunal order states: Maria Angela Wratten must pay Team Manawatu Rentals Limited As Agent For

How much money was awarded in case 4864281?

Cleaning: $165.00 awarded to landlord; Cleaning: $414.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4776443 D…: $2,897.58 awarded to landlord; Rent: $454.28 awarded to landlord; Shower Cartridge: $167.38 awarded to landlord; Two Holes In Walls: $65.00 awarded to landlord; Replace Furnishings: Carpets: $4,600.00 awarded to landlord; Rubbish Removal: $220.68 awarded to landlord

What type of tenancy dispute was case 4864281?

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

Where can I read the official tribunal order for case 4864281?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10502762-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4864281?

The tribunal order states: Maria Angela Wratten must pay Team Manawatu Rentals Limited As Agent For

How much money was awarded in case 4864281?

Cleaning: $165.00 awarded to landlord; Cleaning: $414.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4776443 D…: $2,897.58 awarded to landlord; Rent: $454.28 awarded to landlord; Shower Cartridge: $167.38 awarded to landlord; Two Holes In Walls: $65.00 awarded to landlord; Replace Furnishings: Carpets: $4,600.00 awarded to landlord; Rubbish Removal: $220.68 awarded to landlord

What type of tenancy dispute was case 4864281?

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

Where can I read the official tribunal order for case 4864281?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10502762-Tenancy_Tribunal_Order.pdf.

34 Seddon Street, Feilding, Feilding 4702 Tenancy Tribunal Case 4864281 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4864281 — net $9,004.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 26 February 2024	$454.28	Rent to 26 February 2024
Previous order application 4776443 dated 20/02/2024	$2,897.58	Previous order application 4776443 dated 20/02/2024
Carpet Cleaning report	$165.00	Carpet Cleaning report
Cleaning	$414.00	Cleaning
Rubbish removal	$220.68	Rubbish removal
Repairs: shower cartridge	$167.38	Repairs: shower cartridge
Repairs: two holes in walls	$65.00	Repairs: two holes in walls
Replace furnishings: carpets	$4,600.00	Replace furnishings: carpets
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,004.36
Total payable by Tenant to Landlord	$9,004.36

Maria Angela Wratten must pay Team Manawatu Rentals Limited As Agent For M Swinbourne $9,004.36 immediately, calculated as shown in table below. DescriptionLandlord Rent to 26 February 2024$454.28 Previous order application 4776443 dated 20/02/2024 $2,897.58 Carpet Cleaning report$165.00 Cleaning$414.00 Rubbish removal$220.68 Repairs: shower cartridge$167.38 Repairs: two holes in walls$65.00 Replace furnishings: carpets$4,600.00 Filing fee reimbursement$20.44 Total award$9,004.36 Total payable by Tenant to Landlord$9,004.36

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

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

How much is owed for rent?

The tenancy ended on 26 February 2024. This is six days more than the amount awarded to the landlord in Order 4776443. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord is entitled to rent for the six days until the tenant vacated the property.

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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

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 what she wanted to keep and departed without making any attempt to clean the property or remove her rubbish.

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. The shower cartridge was broken. This was careless damage. b. There were holes in the wall of a bedroom and the lounge. This was careless damage. c. All of the carpeted areas were damaged beyond repair by cat faeces and urine. This was supported in evidence by a specialist report. This was intentional damage. See paragraph 12 above. The amount claimed was for four separate insurance excesses.

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 considered depreciation and am satisfied that the landlord is no better or worse off.

Because Team Manawatu Rentals Limited As Agent For M Swinbourne has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4864281 — net $9,004.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 26 February 2024	$454.28	Rent to 26 February 2024
Previous order application 4776443 dated 20/02/2024	$2,897.58	Previous order application 4776443 dated 20/02/2024
Carpet Cleaning report	$165.00	Carpet Cleaning report
Cleaning	$414.00	Cleaning
Rubbish removal	$220.68	Rubbish removal
Repairs: shower cartridge	$167.38	Repairs: shower cartridge
Repairs: two holes in walls	$65.00	Repairs: two holes in walls
Replace furnishings: carpets	$4,600.00	Replace furnishings: carpets
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,004.36
Total payable by Tenant to Landlord	$9,004.36

Order

Maria Angela Wratten must pay Team Manawatu Rentals Limited As Agent For M Swinbourne $9,004.36 immediately, calculated as shown in table below. DescriptionLandlord Rent to 26 February 2024$454.28 Previous order application 4776443 dated 20/02/2024 $2,897.58 Carpet Cleaning report$165.00 Cleaning$414.00 Rubbish removal$220.68 Repairs: shower cartridge$167.38 Repairs: two holes in walls$65.00 Replace furnishings: carpets$4,600.00 Filing fee reimbursement$20.44 Total award$9,004.36 Total payable by Tenant to Landlord$9,004.36

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 26 February 2024. This is six days more than the amount awarded to the landlord in Order 4776443. The landlord provided rent records which prove the amount owing at the end of the tenancy. The landlord is entitled to rent for the six days until the tenant vacated the property.

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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
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 what she wanted to keep and departed without making any attempt to clean the property or remove her rubbish.
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. The shower cartridge was broken. This was careless damage. b. There were holes in the wall of a bedroom and the lounge. This was careless damage. c. All of the carpeted areas were damaged beyond repair by cat faeces and urine. This was supported in evidence by a specialist report. This was intentional damage. See paragraph 12 above. The amount claimed was for four separate insurance excesses.
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 considered depreciation and am satisfied that the landlord is no better or worse off.
Because Team Manawatu Rentals Limited As Agent For M Swinbourne has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4864281 — Cleanliness at 34 Seddon Street, Feilding, Feilding 4702

At a glance

Tenancy Tribunal case 4864281 — Cleanliness at 34 Seddon Street, Feilding, Feilding 4702

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