What was the outcome of Tenancy Tribunal case 4881680?

The tribunal order states: Kimberley Mitchell must pay Utrust Property Management Limited As Agent For

How much money was awarded in case 4881680?

Cleaning: $190.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $13.08 awarded to landlord; Missing Garage Remote: $138.00 awarded to landlord; Rent Arrears: $5,277.59 awarded to landlord; Walls and Doors: $517.50 awarded to landlord; Rubbish Removal: $862.50 awarded to landlord

What type of tenancy dispute was case 4881680?

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

Where can I read the official tribunal order for case 4881680?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10708228-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4881680?

The tribunal order states: Kimberley Mitchell must pay Utrust Property Management Limited As Agent For

How much money was awarded in case 4881680?

Cleaning: $190.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $13.08 awarded to landlord; Missing Garage Remote: $138.00 awarded to landlord; Rent Arrears: $5,277.59 awarded to landlord; Walls and Doors: $517.50 awarded to landlord; Rubbish Removal: $862.50 awarded to landlord

What type of tenancy dispute was case 4881680?

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

Where can I read the official tribunal order for case 4881680?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10708228-Tenancy_Tribunal_Order.pdf.

92 Thomas Road, Huntington, Hamilton 3210 Tenancy Tribunal Case 4881680 — Rent arrears

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92 Thomas Road, Huntington, Hamilton 3210 Tenancy Tribunal Case 4881680 — 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 4881680 — net $4,799.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 March 2024	$5,277.59	Rent arrears to 22 March 2024
Light bulbs/batteries	$13.08	Light bulbs/batteries
Rubbish removal	$862.50	Rubbish removal
Cleaning	$300.00	Cleaning
Carpet Cleaning	$190.00	Carpet Cleaning
Missing Garage Remote	$138.00	Missing Garage Remote
Repairs: to walls and doors	$517.50	Repairs: to walls and doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,799.11
Total payable by Tenant to Landlord	$4,799.11

Claims and awards for application 4881680 — net $4,799.11 NZD. Verify on MoJ.

Rent arrears to 22 March 2024

Amount: $5,277.59
Awarded to: Landlord
Reason: Rent arrears to 22 March 2024

Light bulbs/batteries

Amount: $13.08
Awarded to: Landlord
Reason: Light bulbs/batteries

Rubbish removal

Amount: $862.50
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $190.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Kimberley Mitchell must pay Utrust Property Management Limited As Agent For Dan Chen $4,799.11 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (6057582-003) to Utrust Property Management Limited As Agent For Dan Chen immediately.

Reasons

The landlord attended the hearing but the tenant did not attend.
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 tenancy commenced on 27 January 2023. It was initially for a fixed term which expired on 27 January 2024 when the tenancy became a periodic tenancy.
The tenancy premises consisted of a three bedroom, two bathroom property. The tenants used the garage, which was attached, as a media room.

How much is owed for rent?

The tenancy ended on 22 March 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy, including that the carpet required cleaning as it smelled of cat urine. The tenant did not remove all rubbish or belongings.
The tenant did not return a garage remote.
The following chattels were missing at the end of the tenancy: two light bulbs were missing in the hallway; a bulb in the garage, the kitchen and the soffit outside the kitchen were not working. The landlord claims for a pack of four LED light bulbs. The tenant is liable for the cost of replacing the two missing bulbs ($7.48). Given the average life span of LED light bulbs, I find the tenant is liable for 50% of the cost of replacing the 3 bulbs that were not working ($5.60).
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.
Damage was caused to walls and doors during the tenancy: Master bedroom: the wardrobe doors were damaged in 2 places; there were 3 holes in the walls; Entrance: 2 areas on a wall were damaged in the entrance; Hallway: one repair was required in the hall; Garage: three walls in the garage were damaged.
The tenant had made attempts to remedy the damage by plastering the majority of the damaged areas, however the plastering required sanding and painting. I am satisfied the cost claimed to remedy the damage reflects less work was needed due to the tenant’s work.
I find the damage is likely to be mainly intentional damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The cost claimed is proven and is reasonable.
As the landlord 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 4881680 — net $4,799.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 March 2024	$5,277.59	Rent arrears to 22 March 2024
Light bulbs/batteries	$13.08	Light bulbs/batteries
Rubbish removal	$862.50	Rubbish removal
Cleaning	$300.00	Cleaning
Carpet Cleaning	$190.00	Carpet Cleaning
Missing Garage Remote	$138.00	Missing Garage Remote
Repairs: to walls and doors	$517.50	Repairs: to walls and doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,799.11
Total payable by Tenant to Landlord	$4,799.11

Claims and awards for application 4881680 — net $4,799.11 NZD. Verify on MoJ.

Rent arrears to 22 March 2024

Amount: $5,277.59
Awarded to: Landlord
Reason: Rent arrears to 22 March 2024

Light bulbs/batteries

Amount: $13.08
Awarded to: Landlord
Reason: Light bulbs/batteries

Rubbish removal

Amount: $862.50
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $190.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Kimberley Mitchell must pay Utrust Property Management Limited As Agent For Dan Chen $4,799.11 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (6057582-003) to Utrust Property Management Limited As Agent For Dan Chen immediately.

Reasons

The landlord attended the hearing but the tenant did not attend.
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 tenancy commenced on 27 January 2023. It was initially for a fixed term which expired on 27 January 2024 when the tenancy became a periodic tenancy.
The tenancy premises consisted of a three bedroom, two bathroom property. The tenants used the garage, which was attached, as a media room.

How much is owed for rent?

The tenancy ended on 22 March 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy, including that the carpet required cleaning as it smelled of cat urine. The tenant did not remove all rubbish or belongings.
The tenant did not return a garage remote.
The following chattels were missing at the end of the tenancy: two light bulbs were missing in the hallway; a bulb in the garage, the kitchen and the soffit outside the kitchen were not working. The landlord claims for a pack of four LED light bulbs. The tenant is liable for the cost of replacing the two missing bulbs ($7.48). Given the average life span of LED light bulbs, I find the tenant is liable for 50% of the cost of replacing the 3 bulbs that were not working ($5.60).
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.
Damage was caused to walls and doors during the tenancy: Master bedroom: the wardrobe doors were damaged in 2 places; there were 3 holes in the walls; Entrance: 2 areas on a wall were damaged in the entrance; Hallway: one repair was required in the hall; Garage: three walls in the garage were damaged.
The tenant had made attempts to remedy the damage by plastering the majority of the damaged areas, however the plastering required sanding and painting. I am satisfied the cost claimed to remedy the damage reflects less work was needed due to the tenant’s work.
I find the damage is likely to be mainly intentional damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The cost claimed is proven and is reasonable.
As the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4881680 — Rent arrears at 92 Thomas Road, Huntington, Hamilton 3210

At a glance

Tenancy Tribunal case 4881680 — Rent arrears at 92 Thomas Road, Huntington, Hamilton 3210

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