What was the outcome of Tenancy Tribunal case 4924395?

The tribunal order states: Kamara Walker must pay M H Realty Limited Trading as Bayleys as Agent for

How much money was awarded in case 4924395?

Barbeque: $300.00 awarded to landlord; Bean Bags: $70.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Doorstop: $15.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $900.00 awarded to landlord; Rent Arrears: $4,535.71 awarded to landlord; Painting Frame: $150.00 awarded to landlord; Painting Walls: $300.00 awarded to landlord; Rubbish Removal: $248.16 awarded to landlord; Table Glass: $305.00 awarded to landlord

What type of tenancy dispute was case 4924395?

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

Where can I read the official tribunal order for case 4924395?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11015431-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4924395?

The tribunal order states: Kamara Walker must pay M H Realty Limited Trading as Bayleys as Agent for

How much money was awarded in case 4924395?

Barbeque: $300.00 awarded to landlord; Bean Bags: $70.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Doorstop: $15.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $900.00 awarded to landlord; Rent Arrears: $4,535.71 awarded to landlord; Painting Frame: $150.00 awarded to landlord; Painting Walls: $300.00 awarded to landlord; Rubbish Removal: $248.16 awarded to landlord; Table Glass: $305.00 awarded to landlord

What type of tenancy dispute was case 4924395?

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

Where can I read the official tribunal order for case 4924395?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11015431-Tribunal_Order.pdf.

207 Buffalo Beach Road, Whitianga, Whitianga 3510 Tenancy Tribunal Case 4924395 — Rent arrears

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207 Buffalo Beach Road, Whitianga, Whitianga 3510 Tenancy Tribunal Case 4924395 — 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 4924395 — net $3,944.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 July 2024	$4,535.71	Rent arrears to 16 July 2024
Table glass	$305.00	Table glass
Barbeque	$300.00	Barbeque
Doorstop	$15.00	Doorstop
Bean bags	$70.00	Bean bags
Rubbish removal	$248.16	Rubbish removal
Repairs: Painting frame	$150.00	Repairs: Painting frame
Repairs: Painting walls	$300.00	Repairs: Painting walls
Cleaning	$100.00	Cleaning
Insurance excess	$900.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,944.31
Total payable by Tenant to Landlord	$3,944.31

Claims and awards for application 4924395 — net $3,944.31 NZD. Verify on MoJ.

Rent arrears to 16 July 2024

Amount: $4,535.71
Awarded to: Landlord
Reason: Rent arrears to 16 July 2024

Table glass

Amount: $305.00
Awarded to: Landlord
Reason: Table glass

Barbeque

Amount: $300.00
Awarded to: Landlord
Reason: Barbeque

Doorstop

Amount: $15.00
Awarded to: Landlord
Reason: Doorstop

Bean bags

Amount: $70.00
Awarded to: Landlord
Reason: Bean bags

Rubbish removal

Dismissed claims

Removal Of Oil Stains — as there was not enough evidence provided to support the claim. __________________________________________________________________________________ 49243954 •Th…

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Kamara Walker must pay M H Realty Limited Trading as Bayleys as Agent for Graeme and Lynn Merchant $3,944.31 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 (6176724-008) to M H Realty Limited Trading as Bayleys as Agent for Graeme and Lynn Merchant immediately.

Reasons

The landlord attended the hearing. The tenant did not appear and had contacted the Tribunal seeking an adjournment. The Tribunal asked for evidence, and none was provided.
The tenant was advised that this could be heard by telephone and that the Tribunal would call the phone number provided on the application form or the tenant could provide another number to call. There was no response from the tenant.
The tenant was called on the phone number provided and did not answer. The hearing continued in their absence.
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 was for a fixed term. The landlord conducted a routine inspection on 8 July 2024 and saw signs that the tenants were leaving.
The landlord agreed that the tenancy would end on 16 July 2024 and claimed rent to that date. 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven and a bathroom required cleaning. The entrance inspection showed one bathroom was not clean when the tenancy began so the amount awarded is reduced.
The tenant left many belongings behind including 2 full freezers, mattresses, cabinet and couch, chilly bin, and full recycling bins. The amount is awarded as claimed.
The premises were provided fully furnished and a comprehensive chattels list was produced.
At the end of the tenancy items to the value of $2428.45 were missing. This included baskets, a broom, bedding, crayfish pots, kitchen items and crockery. A copy of the schedule of loss was provided and evidence of the items claimed.
The landlord’s insurance company covered the replacement of the missing items, and one insurance excess was claimed. This is awarded.

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; •The glass on the coffee table was removed. •The barbeque legs were broken and left dirty and unusable. •The rope doorstop was damaged. •Two bean bags were left dirty and mouldy. •A picture frame and glass were broken. •The claim for removal of oil stains is dismissed as there was not enough evidence provided to support the claim. •The paint on the walls in the bedrooms and lounge ceiling were damaged by the removal of items possibly lights that had been fixed to them.
I find that these damages are careless as there was no evidence of intentional damage.
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 taken into account 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.
In calculating depreciation, I have taken into account the age as much as that could be assessed on the evidence provided and condition of the items at the start of the tenancy and their likely useful lifespan.
Because M H Realty Limited Trading as Bayleys as Agent for Graeme And Lynn Merchant 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 4924395 — net $3,944.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 July 2024	$4,535.71	Rent arrears to 16 July 2024
Table glass	$305.00	Table glass
Barbeque	$300.00	Barbeque
Doorstop	$15.00	Doorstop
Bean bags	$70.00	Bean bags
Rubbish removal	$248.16	Rubbish removal
Repairs: Painting frame	$150.00	Repairs: Painting frame
Repairs: Painting walls	$300.00	Repairs: Painting walls
Cleaning	$100.00	Cleaning
Insurance excess	$900.00	Insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,944.31
Total payable by Tenant to Landlord	$3,944.31

Claims and awards for application 4924395 — net $3,944.31 NZD. Verify on MoJ.

Rent arrears to 16 July 2024

Amount: $4,535.71
Awarded to: Landlord
Reason: Rent arrears to 16 July 2024

Table glass

Amount: $305.00
Awarded to: Landlord
Reason: Table glass

Barbeque

Amount: $300.00
Awarded to: Landlord
Reason: Barbeque

Doorstop

Amount: $15.00
Awarded to: Landlord
Reason: Doorstop

Bean bags

Amount: $70.00
Awarded to: Landlord
Reason: Bean bags

Rubbish removal

Dismissed claims

Removal Of Oil Stains — as there was not enough evidence provided to support the claim. __________________________________________________________________________________ 49243954 •Th…

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Kamara Walker must pay M H Realty Limited Trading as Bayleys as Agent for Graeme and Lynn Merchant $3,944.31 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 (6176724-008) to M H Realty Limited Trading as Bayleys as Agent for Graeme and Lynn Merchant immediately.

Reasons

The landlord attended the hearing. The tenant did not appear and had contacted the Tribunal seeking an adjournment. The Tribunal asked for evidence, and none was provided.
The tenant was advised that this could be heard by telephone and that the Tribunal would call the phone number provided on the application form or the tenant could provide another number to call. There was no response from the tenant.
The tenant was called on the phone number provided and did not answer. The hearing continued in their absence.
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 was for a fixed term. The landlord conducted a routine inspection on 8 July 2024 and saw signs that the tenants were leaving.
The landlord agreed that the tenancy would end on 16 July 2024 and claimed rent to that date. 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven and a bathroom required cleaning. The entrance inspection showed one bathroom was not clean when the tenancy began so the amount awarded is reduced.
The tenant left many belongings behind including 2 full freezers, mattresses, cabinet and couch, chilly bin, and full recycling bins. The amount is awarded as claimed.
The premises were provided fully furnished and a comprehensive chattels list was produced.
At the end of the tenancy items to the value of $2428.45 were missing. This included baskets, a broom, bedding, crayfish pots, kitchen items and crockery. A copy of the schedule of loss was provided and evidence of the items claimed.
The landlord’s insurance company covered the replacement of the missing items, and one insurance excess was claimed. This is awarded.

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; •The glass on the coffee table was removed. •The barbeque legs were broken and left dirty and unusable. •The rope doorstop was damaged. •Two bean bags were left dirty and mouldy. •A picture frame and glass were broken. •The claim for removal of oil stains is dismissed as there was not enough evidence provided to support the claim. •The paint on the walls in the bedrooms and lounge ceiling were damaged by the removal of items possibly lights that had been fixed to them.
I find that these damages are careless as there was no evidence of intentional damage.
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 taken into account 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.
In calculating depreciation, I have taken into account the age as much as that could be assessed on the evidence provided and condition of the items at the start of the tenancy and their likely useful lifespan.
Because M H Realty Limited Trading as Bayleys as Agent for Graeme And Lynn Merchant has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4924395 — Rent arrears at 207 Buffalo Beach Road, Whitianga, Whitianga 3510

At a glance

Tenancy Tribunal case 4924395 — Rent arrears at 207 Buffalo Beach Road, Whitianga, Whitianga 3510

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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