How much money was awarded in case 4951113?

Cleaning: $801.55 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $225.57 awarded to landlord; Property Damage: $58.77 awarded to landlord; Property Damage: $911.95 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $506.00 awarded to landlord; Rent Arrears: $2,614.29 awarded to landlord; Rubbish Removal: $1,001.01 awarded to landlord

What type of tenancy dispute was case 4951113?

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

Where can I read the official tribunal order for case 4951113?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10844494-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4951113?

Cleaning: $801.55 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $225.57 awarded to landlord; Property Damage: $58.77 awarded to landlord; Property Damage: $911.95 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $506.00 awarded to landlord; Rent Arrears: $2,614.29 awarded to landlord; Rubbish Removal: $1,001.01 awarded to landlord

What type of tenancy dispute was case 4951113?

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

Where can I read the official tribunal order for case 4951113?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10844494-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1F, 152 The Terrace, Wellington, Wellington 6011 Tenancy Tribunal Case 4951113 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4951113?

The tribunal order states: Shelby Mustang Kessie Rogers must pay Trust Property Management Limited

Order

Claims and awards in Tenancy Tribunal application 4951113 — net $4,706.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 14 June 2024	$2,614.29	Rent arrears as at 14 June 2024
Cleaning	$801.55	Cleaning
Rubbish removal, including putting goods in storage	$1,001.01	Rubbish removal, including putting goods in storage
Lock/key replacement	$58.77	Lock/key replacement
Repair broken power point and replace 3 lightbulbs	$225.57	Repair broken power point and replace 3 lightbulbs
Repair bedroom 2 door and wardrobe door, repair hole in wall in bedroom 2	$911.95	Repair bedroom 2 door and wardrobe door, repair hole in wall in bedroom 2
Insurance excess for repair of glass canopy	$1,000.00	Insurance excess for repair of glass canopy
Repair window	$506.00	Repair window
__________________________________________________________________________________ 49511132 Filing fee reimbursement	$27.00	__________________________________________________________________________________ 49511132 Filing fee reimbursement
Net award	$4,706.14
Total payable by Tenant to Landlord	$4,706.14

Shelby Mustang Kessie Rogers must pay Trust Property Management Limited Acting Agent For Dunvegan Trust $4,706.14 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,440.00 (6512341-010) to Trust Property Management Limited Acting Agent For Dunvegan Trust immediately.

Trust Property Management Limited Acting Agent For Dunvegan Trust must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

This hearing was scheduled to be heard by videoconference. I rang Ms Rogers when she did not link in to the Teams meeting and she requested that I call her back in 10 minutes because she was in a meeting. I rang her twice 10 minutes later and again 30 minutes later and all calls went to voicemail. I was satisfied that Ms Rogers was aware of the hearing and so I proceeded in her absence.

The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

I accept the evidence indicating that the landlord and the tenant, for various reasons, initially agreed that the tenancy would end on 7 June 2024. I also accept that Ms Rogers then requested a further week so that she had an opportunity to remove her belongings and that extension was granted.

The end date of the tenancy was therefore 14 June 2024 and I accept the rent record which shows that at that date there was $2614.29 owing in rent arrears.

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 photographs show that the tenant left the premises in a very dirty condition and left a lot of her belongings and rubbish behind. It seems that she did not take advantage of the extra week to clear the premises out.

I also accept that the tenant did not return the keys and that there were lightbulbs missing.

The amounts ordered to remedy these issues are proved by invoices.

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.

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.

I accept the evidence that during the tenancy, a person known to the tenant and who was often at the premises broke a glass canopy and a window when gaining access to the premises.

I also accept the evidence showing that during the tenancy a power point was broken, holes were put in the bedroom 2 door and wardrobe door, and there was also a large hole in the wall of bedroom 2 behind the door.

The amounts ordered to remedy these issues are proved by invoices. Disposal of goods

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

I accept the evidence indicating that the landlord agreed on a period for a tenant to collect the goods (up to 23 July 2024), but the tenant failed to collect the goods in that time.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them and so the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Filing fee reimbursement

Further to this, because Trust Property Management Limited Acting Agent For Dunvegan Trust has wholly succeeded with the claim I must order Ms Rogers to reimburse them the filing fee. C ter Haar 18 September 2024

Claims and awards in Tenancy Tribunal application 4951113 — net $4,706.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 14 June 2024	$2,614.29	Rent arrears as at 14 June 2024
Cleaning	$801.55	Cleaning
Rubbish removal, including putting goods in storage	$1,001.01	Rubbish removal, including putting goods in storage
Lock/key replacement	$58.77	Lock/key replacement
Repair broken power point and replace 3 lightbulbs	$225.57	Repair broken power point and replace 3 lightbulbs
Repair bedroom 2 door and wardrobe door, repair hole in wall in bedroom 2	$911.95	Repair bedroom 2 door and wardrobe door, repair hole in wall in bedroom 2
Insurance excess for repair of glass canopy	$1,000.00	Insurance excess for repair of glass canopy
Repair window	$506.00	Repair window
__________________________________________________________________________________ 49511132 Filing fee reimbursement	$27.00	__________________________________________________________________________________ 49511132 Filing fee reimbursement
Net award	$4,706.14
Total payable by Tenant to Landlord	$4,706.14

Order

Shelby Mustang Kessie Rogers must pay Trust Property Management Limited Acting Agent For Dunvegan Trust $4,706.14 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,440.00 (6512341-010) to Trust Property Management Limited Acting Agent For Dunvegan Trust immediately.
Trust Property Management Limited Acting Agent For Dunvegan Trust must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

This hearing was scheduled to be heard by videoconference. I rang Ms Rogers when she did not link in to the Teams meeting and she requested that I call her back in 10 minutes because she was in a meeting. I rang her twice 10 minutes later and again 30 minutes later and all calls went to voicemail. I was satisfied that Ms Rogers was aware of the hearing and so I proceeded in her absence.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

I accept the evidence indicating that the landlord and the tenant, for various reasons, initially agreed that the tenancy would end on 7 June 2024. I also accept that Ms Rogers then requested a further week so that she had an opportunity to remove her belongings and that extension was granted.
The end date of the tenancy was therefore 14 June 2024 and I accept the rent record which shows that at that date there was $2614.29 owing in rent arrears.

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 photographs show that the tenant left the premises in a very dirty condition and left a lot of her belongings and rubbish behind. It seems that she did not take advantage of the extra week to clear the premises out.
I also accept that the tenant did not return the keys and that there were lightbulbs missing.
The amounts ordered to remedy these issues are proved by invoices.

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.
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.
I accept the evidence that during the tenancy, a person known to the tenant and who was often at the premises broke a glass canopy and a window when gaining access to the premises.
I also accept the evidence showing that during the tenancy a power point was broken, holes were put in the bedroom 2 door and wardrobe door, and there was also a large hole in the wall of bedroom 2 behind the door.
The amounts ordered to remedy these issues are proved by invoices. Disposal of goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
I accept the evidence indicating that the landlord agreed on a period for a tenant to collect the goods (up to 23 July 2024), but the tenant failed to collect the goods in that time.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them and so the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Filing fee reimbursement
Further to this, because Trust Property Management Limited Acting Agent For Dunvegan Trust has wholly succeeded with the claim I must order Ms Rogers to reimburse them the filing fee. C ter Haar 18 September 2024

Tenancy Tribunal case 4951113 — Property damage at Unit/Flat 1F, 152 The Terrace, Wellington, Wellington 6011

At a glance

Tenancy Tribunal case 4951113 — Property damage at Unit/Flat 1F, 152 The Terrace, Wellington, Wellington 6011

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