What was the outcome of Tenancy Tribunal case 4929314?

The tribunal order states: Nicole Jager must pay Watson Real Estate Limited As Agent For Kevin Daly

How much money was awarded in case 4929314?

Cleaning: $480.00 awarded to landlord; Cleaning: $299.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $377.50 awarded to landlord; Property Damage: $223.10 awarded to landlord; Rent Arrears: $360.00 awarded to landlord; Rubbish Removal: $2,027.56 awarded to landlord

What type of tenancy dispute was case 4929314?

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

Where can I read the official tribunal order for case 4929314?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10902803-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4929314?

The tribunal order states: Nicole Jager must pay Watson Real Estate Limited As Agent For Kevin Daly

How much money was awarded in case 4929314?

Cleaning: $480.00 awarded to landlord; Cleaning: $299.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $377.50 awarded to landlord; Property Damage: $223.10 awarded to landlord; Rent Arrears: $360.00 awarded to landlord; Rubbish Removal: $2,027.56 awarded to landlord

What type of tenancy dispute was case 4929314?

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

Where can I read the official tribunal order for case 4929314?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10902803-Tenancy_Tribunal_Order.pdf.

141 Rugby Street, Awapuni, Palmerston North 4412 Tenancy Tribunal Case 4929314 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4929314 — net $1,834.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12/8/2024	$360.00	Rent arrears to 12/8/2024
Cleaning	$299.00	Cleaning
Rubbish removal and repairs to walls and doors	$2,027.56	Rubbish removal and repairs to walls and doors
Carpet Cleaning	$480.00	Carpet Cleaning
Lock/key replacement: and repairs to door handle	$377.50	Lock/key replacement: and repairs to door handle
Window repairs	$223.10	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,834.16
Total payable by Tenant to Landlord	$1,834.16

Only the applicant landlord attended the hearing. The tenant did not join the video link and could not be contacted by telephone. The hearing proceeded in her absence as the Tribunal is satisfied, she has been correctly notified of the hearing date and time and the claims against her.

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 12/8/2024 which is the end of a 90-day notice period. 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 extensive rubbish, including old tyres.

The carpets were extensively stained and required professional cleaning.

The tenant did not return the keys and the locksmith needed to replace a door handle and lock that was damaged.

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: several walls and doors were damaged, and two windows broken. 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 in awarding compensation as the amount claimed is for repairs to the damaged surfaces only. The landlord withdrew the claim for painting the bathroom.

Because Watson Real Estate Limited As Agent For Kevin Daly has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4929314 — net $1,834.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12/8/2024	$360.00	Rent arrears to 12/8/2024
Cleaning	$299.00	Cleaning
Rubbish removal and repairs to walls and doors	$2,027.56	Rubbish removal and repairs to walls and doors
Carpet Cleaning	$480.00	Carpet Cleaning
Lock/key replacement: and repairs to door handle	$377.50	Lock/key replacement: and repairs to door handle
Window repairs	$223.10	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,834.16
Total payable by Tenant to Landlord	$1,834.16

Order

Nicole Jager must pay Watson Real Estate Limited As Agent For Kevin Daly $1,834.16 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,960.00 (5354726-009) to Watson Real Estate Limited As Agent For Kevin Daly immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not join the video link and could not be contacted by telephone. The hearing proceeded in her absence as the Tribunal is satisfied, she has been correctly notified of the hearing date and time and the claims against her.
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 12/8/2024 which is the end of a 90-day notice period. 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 extensive rubbish, including old tyres.
The carpets were extensively stained and required professional cleaning.
The tenant did not return the keys and the locksmith needed to replace a door handle and lock that was damaged.
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: several walls and doors were damaged, and two windows broken. 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 in awarding compensation as the amount claimed is for repairs to the damaged surfaces only. The landlord withdrew the claim for painting the bathroom.
Because Watson Real Estate Limited As Agent For Kevin Daly has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4929314 — Property damage at 141 Rugby Street, Awapuni, Palmerston North 4412

At a glance

Tenancy Tribunal case 4929314 — Property damage at 141 Rugby Street, Awapuni, Palmerston North 4412

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