What was the outcome of Tenancy Tribunal case 4881900?

The tribunal order states: Page-Nikola Cameron must pay Reh Property Management Limited As Agent

How much money was awarded in case 4881900?

Cleaning: $658.95 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $425.00 awarded to landlord; Previous Order Application 4828324 D…: $3,269.01 awarded to landlord; Property Damage: $557.73 awarded to landlord; Hallway: $1,347.14 awarded to landlord; Walls: $5,000.00 awarded to landlord; Replace Furnishings: Carpets: $1,825.87 awarded to landlord; Rubbish Removal: $2,200.00 awarded to landlord

What type of tenancy dispute was case 4881900?

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

Where can I read the official tribunal order for case 4881900?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10651886-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4881900?

The tribunal order states: Page-Nikola Cameron must pay Reh Property Management Limited As Agent

How much money was awarded in case 4881900?

Cleaning: $658.95 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $425.00 awarded to landlord; Previous Order Application 4828324 D…: $3,269.01 awarded to landlord; Property Damage: $557.73 awarded to landlord; Hallway: $1,347.14 awarded to landlord; Walls: $5,000.00 awarded to landlord; Replace Furnishings: Carpets: $1,825.87 awarded to landlord; Rubbish Removal: $2,200.00 awarded to landlord

What type of tenancy dispute was case 4881900?

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

Where can I read the official tribunal order for case 4881900?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10651886-Tenancy_Tribunal_Order.pdf.

110 Tremaine Avenue, Westbrook, Palmerston North 4412 Tenancy Tribunal Case 4881900 — Property damage

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110 Tremaine Avenue, Westbrook, Palmerston North 4412 Tenancy Tribunal Case 4881900 — 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 4881900 — net $15,304.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4828324 dated 10/04/2024	$3,269.01	Previous order application 4828324 dated 10/04/2024
Lock/key replacement	$557.73	Lock/key replacement
Cleaning	$658.95	Cleaning
Rubbish removal	$2,200.00	Rubbish removal
Lawns and Garden work	$425.00	Lawns and Garden work
Replace furnishings: carpets	$1,825.87	Replace furnishings: carpets
Repairs: hallway	$1,347.14	Repairs: hallway
Repairs: walls	$5,000.00	Repairs: walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,304.14
Total payable by Tenant to Landlord	$15,304.14

Claims and awards for application 4881900 — net $15,304.14 NZD. Verify on MoJ.

Previous order application 4828324 dated 10/04/2024

Amount: $3,269.01
Awarded to: Landlord
Reason: Previous order application 4828324 dated 10/04/2024

Lock/key replacement

Amount: $557.73
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $658.95
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $2,200.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $425.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Page-Nikola Cameron must pay Reh Property Management Limited As Agent For Mitchell Property Investments Limited $15,304.14 immediately, calculated as shown in table below. DescriptionLandlord Previous order application 4828324 dated 10/04/2024 $3,269.01 Lock/key replacement$557.73 Cleaning$658.95 Rubbish removal$2,200.00 Lawns and Garden work$425.00 Replace furnishings: carpets$1,825.87 Repairs: hallway$1,347.14 Repairs: walls$5,000.00 Filing fee reimbursement$20.44 Total award$15,304.14 Total payable by Tenant to Landlord$15,304.14

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence showed that the tenant took what she wanted and left anything else behind including a substantial amount of rubbish. The evidence shows that the property was very dirty and the tenant had made no attempt to clean.
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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. All the walls in the property were damaged and required repair and re- wallpapering. From its extent, this damage was intentional. b. The carpets in every room were damaged beyond repair by extensive contamination by cats’ urine and faeces. This was intentional damage as the tenant allowed the contamination to continue, knowing that damage was a certainty.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. The amounts are: four insurance excesses for wallpaper damage in four rooms, the cost of repapering the hallway and the amount not covered by insurance for the carpet replacement.
I have considered 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. Because the damage was intentional, the tenant would have been liable for the full cost of repair less depreciation. I am satisfied that the much lesser amounts claimed represent the reasonable loss - and are significantly less than - the actual losses suffered by the landlord.
Because Reh Property Management Limited As Agent For Mitchell Property Investments Limited 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 4881900 — net $15,304.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4828324 dated 10/04/2024	$3,269.01	Previous order application 4828324 dated 10/04/2024
Lock/key replacement	$557.73	Lock/key replacement
Cleaning	$658.95	Cleaning
Rubbish removal	$2,200.00	Rubbish removal
Lawns and Garden work	$425.00	Lawns and Garden work
Replace furnishings: carpets	$1,825.87	Replace furnishings: carpets
Repairs: hallway	$1,347.14	Repairs: hallway
Repairs: walls	$5,000.00	Repairs: walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,304.14
Total payable by Tenant to Landlord	$15,304.14

Claims and awards for application 4881900 — net $15,304.14 NZD. Verify on MoJ.

Previous order application 4828324 dated 10/04/2024

Amount: $3,269.01
Awarded to: Landlord
Reason: Previous order application 4828324 dated 10/04/2024

Lock/key replacement

Amount: $557.73
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $658.95
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $2,200.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $425.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Page-Nikola Cameron must pay Reh Property Management Limited As Agent For Mitchell Property Investments Limited $15,304.14 immediately, calculated as shown in table below. DescriptionLandlord Previous order application 4828324 dated 10/04/2024 $3,269.01 Lock/key replacement$557.73 Cleaning$658.95 Rubbish removal$2,200.00 Lawns and Garden work$425.00 Replace furnishings: carpets$1,825.87 Repairs: hallway$1,347.14 Repairs: walls$5,000.00 Filing fee reimbursement$20.44 Total award$15,304.14 Total payable by Tenant to Landlord$15,304.14

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence showed that the tenant took what she wanted and left anything else behind including a substantial amount of rubbish. The evidence shows that the property was very dirty and the tenant had made no attempt to clean.
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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. All the walls in the property were damaged and required repair and re- wallpapering. From its extent, this damage was intentional. b. The carpets in every room were damaged beyond repair by extensive contamination by cats’ urine and faeces. This was intentional damage as the tenant allowed the contamination to continue, knowing that damage was a certainty.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. The amounts are: four insurance excesses for wallpaper damage in four rooms, the cost of repapering the hallway and the amount not covered by insurance for the carpet replacement.
I have considered 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. Because the damage was intentional, the tenant would have been liable for the full cost of repair less depreciation. I am satisfied that the much lesser amounts claimed represent the reasonable loss - and are significantly less than - the actual losses suffered by the landlord.
Because Reh Property Management Limited As Agent For Mitchell Property Investments Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4881900 — Property damage at 110 Tremaine Avenue, Westbrook, Palmerston North 4412

At a glance

Tenancy Tribunal case 4881900 — Property damage at 110 Tremaine Avenue, Westbrook, Palmerston North 4412

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