What was the outcome of Tenancy Tribunal case 4955554?

The tribunal order states: Duane Michael Fricker must pay Rent A House Limited A As Agent For G

How much money was awarded in case 4955554?

Cleaning: $300.00 awarded to landlord; Cleaning: $276.01 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,300.33 awarded to landlord; Property Damage: $262.00 awarded to landlord; Property Damage: $1,455.50 awarded to landlord; Property Damage: $209.39 awarded to landlord; Rent Arrears: $1,799.12 awarded to landlord; Smoke Alarms: $30.00 awarded to landlord; Rubbish Removal: $972.60 awarded to landlord

What type of tenancy dispute was case 4955554?

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

Where can I read the official tribunal order for case 4955554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10852554-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4955554?

The tribunal order states: Duane Michael Fricker must pay Rent A House Limited A As Agent For G

How much money was awarded in case 4955554?

Cleaning: $300.00 awarded to landlord; Cleaning: $276.01 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,300.33 awarded to landlord; Property Damage: $262.00 awarded to landlord; Property Damage: $1,455.50 awarded to landlord; Property Damage: $209.39 awarded to landlord; Rent Arrears: $1,799.12 awarded to landlord; Smoke Alarms: $30.00 awarded to landlord; Rubbish Removal: $972.60 awarded to landlord

What type of tenancy dispute was case 4955554?

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

Where can I read the official tribunal order for case 4955554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10852554-Tenancy_Tribunal_Order.pdf.

1010 Tremaine Avenue, Roslyn, Palmerston North 4414 Tenancy Tribunal Case 4955554 — Property damage

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1010 Tremaine Avenue, Roslyn, Palmerston North 4414 Tenancy Tribunal Case 4955554 — 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 4955554 — net $6,631.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,799.12	Rent arrears
Carpet Cleaning	$300.00	Carpet Cleaning
Cleaning	$276.01	Cleaning
Electrical fittings replacement/repair	$1,300.33	Electrical fittings replacement/repair
Lock/key replacement	$262.00	Lock/key replacement
Repairs	$1,455.50	Repairs
Rubbish removal	$972.60	Rubbish removal
Replace furnishings: smoke alarm	$30.00	Replace furnishings: smoke alarm
Window repairs	$209.39	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,631.95
Total payable by Tenant to Landlord	$6,631.95

Claims and awards for application 4955554 — net $6,631.95 NZD. Verify on MoJ.

Rent arrears

Amount: $1,799.12
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $276.01
Awarded to: Landlord
Reason: Cleaning

Electrical fittings replacement/repair

Amount: $1,300.33
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Lock/key replacement

Amount: $262.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Replace Smoke Alarms Rubbish Removal

Order

Duane Michael Fricker must pay Rent A House Limited A As Agent For G Rolston $6,631.95 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$1,799.12 Carpet Cleaning$300.00 Cleaning$276.01 Electrical fittings replacement/repair$1,300.33 Lock/key replacement$262.00 Repairs$1,455.50 Rubbish removal$972.60 Replace furnishings: smoke alarm$30.00 Window repairs$209.39 Filing fee reimbursement$27.00 Total award$6,631.95 Total payable by Tenant to Landlord$6,631.95

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 11 June 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 leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord provided photographic evidence that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: a smoke alarm.
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: a. A glass door panel was broken. b. A garage window was broken. c. There was extensive graffiti damage. d. Two internal doors were damaged by punching or kicks. e. There was a large hole in the hallway wall. f. The meter board had been interfered with so that the meter was circumvented.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
From the evidence before the Tribunal, the damage, because of its nature and extent, was intentional.
The amounts ordered are proved.
Because Rent A House Limited A As Agent For G Rolston 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 4955554 — net $6,631.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,799.12	Rent arrears
Carpet Cleaning	$300.00	Carpet Cleaning
Cleaning	$276.01	Cleaning
Electrical fittings replacement/repair	$1,300.33	Electrical fittings replacement/repair
Lock/key replacement	$262.00	Lock/key replacement
Repairs	$1,455.50	Repairs
Rubbish removal	$972.60	Rubbish removal
Replace furnishings: smoke alarm	$30.00	Replace furnishings: smoke alarm
Window repairs	$209.39	Window repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,631.95
Total payable by Tenant to Landlord	$6,631.95

Claims and awards for application 4955554 — net $6,631.95 NZD. Verify on MoJ.

Rent arrears

Amount: $1,799.12
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $276.01
Awarded to: Landlord
Reason: Cleaning

Electrical fittings replacement/repair

Amount: $1,300.33
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Lock/key replacement

Amount: $262.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Replace Smoke Alarms Rubbish Removal

Order

Duane Michael Fricker must pay Rent A House Limited A As Agent For G Rolston $6,631.95 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$1,799.12 Carpet Cleaning$300.00 Cleaning$276.01 Electrical fittings replacement/repair$1,300.33 Lock/key replacement$262.00 Repairs$1,455.50 Rubbish removal$972.60 Replace furnishings: smoke alarm$30.00 Window repairs$209.39 Filing fee reimbursement$27.00 Total award$6,631.95 Total payable by Tenant to Landlord$6,631.95

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 11 June 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 leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord provided photographic evidence that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: a smoke alarm.
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: a. A glass door panel was broken. b. A garage window was broken. c. There was extensive graffiti damage. d. Two internal doors were damaged by punching or kicks. e. There was a large hole in the hallway wall. f. The meter board had been interfered with so that the meter was circumvented.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
From the evidence before the Tribunal, the damage, because of its nature and extent, was intentional.
The amounts ordered are proved.
Because Rent A House Limited A As Agent For G Rolston has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4955554 — Property damage at 1010 Tremaine Avenue, Roslyn, Palmerston North 4414

At a glance

Tenancy Tribunal case 4955554 — Property damage at 1010 Tremaine Avenue, Roslyn, Palmerston North 4414

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