What was the outcome of Tenancy Tribunal case 4890123?

The tribunal order states: Letitia Kaka must pay Inspire Property Management Limited $1,863.24

How much money was awarded in case 4890123?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $80.00 awarded to landlord; Rent Arrears: $262.80 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord; Walls and Doors: $850.00 awarded to landlord

What type of tenancy dispute was case 4890123?

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

Where can I read the official tribunal order for case 4890123?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10563644-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4890123?

The tribunal order states: Letitia Kaka must pay Inspire Property Management Limited $1,863.24

How much money was awarded in case 4890123?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $80.00 awarded to landlord; Rent Arrears: $262.80 awarded to landlord; Rubbish Removal: $250.00 awarded to landlord; Walls and Doors: $850.00 awarded to landlord

What type of tenancy dispute was case 4890123?

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

Where can I read the official tribunal order for case 4890123?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10563644-Tenancy_Tribunal_Order.pdf.

23 Puriri Crescent, Murupara, Murupara 3025 Tenancy Tribunal Case 4890123 — Property damage

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23 Puriri Crescent, Murupara, Murupara 3025 Tenancy Tribunal Case 4890123 — 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 4890123 — net $1,863.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 30/4 to 8/5/2024	$262.80	Rent arrears 30/4 to 8/5/2024
Cleaning	$400.00	Cleaning
Rubbish removal	$250.00	Rubbish removal
Lawns and Garden work	$80.00	Lawns and Garden work
Repairs to walls and doors	$850.00	Repairs to walls and doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,863.24
Total payable by Tenant to Landlord	$1,863.24

Claims and awards for application 4890123 — net $1,863.24 NZD. Verify on MoJ.

Rent arrears 30/4 to 8/5/2024

Amount: $262.80
Awarded to: Landlord
Reason: Rent arrears 30/4 to 8/5/2024

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $250.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $80.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs to walls and doors

Amount: $850.00
Awarded to: Landlord
Reason: Repairs to walls and doors

Claim types — money lines allowed on this order

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

Order

Letitia Kaka must pay Inspire Property Management Limited $1,863.24 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended 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 30/4 when the tenancy was terminated by Tribunal Order. The parties agreed that Ms Kaka could have an additional few day to move so the rent is awarded from 30 April to 8/5/2024. 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
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: there were three doors damaged and 9 holes in walls. 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 not taken into account betterment and depreciation. The award is for repairs only, the claim for a window latch is deducted as this is likely caused by fair wear and tear.
Because Inspire Property Management Limited has substantially succeeded with the claim I have reimbursed 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 4890123 — net $1,863.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 30/4 to 8/5/2024	$262.80	Rent arrears 30/4 to 8/5/2024
Cleaning	$400.00	Cleaning
Rubbish removal	$250.00	Rubbish removal
Lawns and Garden work	$80.00	Lawns and Garden work
Repairs to walls and doors	$850.00	Repairs to walls and doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,863.24
Total payable by Tenant to Landlord	$1,863.24

Claims and awards for application 4890123 — net $1,863.24 NZD. Verify on MoJ.

Rent arrears 30/4 to 8/5/2024

Amount: $262.80
Awarded to: Landlord
Reason: Rent arrears 30/4 to 8/5/2024

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $250.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $80.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs to walls and doors

Amount: $850.00
Awarded to: Landlord
Reason: Repairs to walls and doors

Claim types — money lines allowed on this order

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

Order

Letitia Kaka must pay Inspire Property Management Limited $1,863.24 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended 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 30/4 when the tenancy was terminated by Tribunal Order. The parties agreed that Ms Kaka could have an additional few day to move so the rent is awarded from 30 April to 8/5/2024. 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
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: there were three doors damaged and 9 holes in walls. 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 not taken into account betterment and depreciation. The award is for repairs only, the claim for a window latch is deducted as this is likely caused by fair wear and tear.
Because Inspire Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4890123 — Property damage at 23 Puriri Crescent, Murupara, Murupara 3025

At a glance

Tenancy Tribunal case 4890123 — Property damage at 23 Puriri Crescent, Murupara, Murupara 3025

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