What was the outcome of Tenancy Tribunal case 4963353?

The tribunal order states: Tiana Sue Cross must pay Century 21 Premier Turangi As Agent For Mike

How much money was awarded in case 4963353?

Cleaning: $402.50 awarded to landlord; Carpet Stain Removal: $265.00 awarded to landlord; Cleaning: $405.95 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $63.25 awarded to landlord; Previous Order Application 4881240 D…: $1,860.44 awarded to landlord; Property Damage: $330.51 awarded to landlord; Property Damage: $63.25 awarded to landlord; Property Damage: $661.25 awarded to landlord; Hole In Lounge Wall: $172.50 awarded to landlord; Replace Furnishings: Washing Line: $747.50 awarded to landlord; Rubbish Removal: $706.10 awarded to landlord; Window Glazing: $191.77 awarded to landlord

What type of tenancy dispute was case 4963353?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4963353?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11020955-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4963353?

The tribunal order states: Tiana Sue Cross must pay Century 21 Premier Turangi As Agent For Mike

How much money was awarded in case 4963353?

Cleaning: $402.50 awarded to landlord; Carpet Stain Removal: $265.00 awarded to landlord; Cleaning: $405.95 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $63.25 awarded to landlord; Previous Order Application 4881240 D…: $1,860.44 awarded to landlord; Property Damage: $330.51 awarded to landlord; Property Damage: $63.25 awarded to landlord; Property Damage: $661.25 awarded to landlord; Hole In Lounge Wall: $172.50 awarded to landlord; Replace Furnishings: Washing Line: $747.50 awarded to landlord; Rubbish Removal: $706.10 awarded to landlord; Window Glazing: $191.77 awarded to landlord

What type of tenancy dispute was case 4963353?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4963353?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11020955-Tribunal_Order.pdf.

18 Poihaere Street, Turangi, Turangi 3334 Tenancy Tribunal Case 4963353 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4963353 — net $5,897.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4881240 dated 07/06/2024	$1,860.44	Previous order application 4881240 dated 07/06/2024
Rubbish removal	$706.10	Rubbish removal
Lock/key replacement	$330.51	Lock/key replacement
Lawns and Garden work	$63.25	Lawns and Garden work
Repairs: bedroom wall damage during tenancy	$661.25	Repairs: bedroom wall damage during tenancy
Cleaning	$405.95	Cleaning
Carpet stain removal	$265.00	Carpet stain removal
Window glazing	$191.77	Window glazing
Carpet Cleaning	$402.50	Carpet Cleaning
Replace furnishings: washing line	$747.50	Replace furnishings: washing line
Repairs: hole in lounge wall	$172.50	Repairs: hole in lounge wall
Electrical fittings repair	$63.25	Electrical fittings repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,897.02
Total payable by Tenant to Landlord	$5,897.02

Only the applicant attended the hearings. The first was held on 23 September 2024 and adjourned part heard to enable the tenant to be served with particulars of additional compensation claims before the order is finalised. The second today 4 November 2024.

I am satisfied the tenant was properly served; she did not attend in person, in Taupo, on either date and did not answer calls to her cell phone.

Therefore, both hearings proceeded in her absence.

The landlord has applied for incorporation of a previous rent arrears order, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 9/6/2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

On 7/6/2024 the Tribunal made an order relating to this tenancy, for rent arrears to 9/6/2024 plus the filing fee paid for that application, less the bond which was to be refunded to the landlord. That has now occurred, and the tenant has not made any subsequent payments.

The previous order is incorporated into this order for enforcement purposes.

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 items and rubbish. The landlord stored some of the items in case the tenant wanted to collect anything, she has not done so, and the landlord has confirmation they are of no saleable value.

The carpets were badly stained. They required professional cleaning and stain removal treatment.

The tenant did not return the keys.

The lawns were overgrown.

The following chattels were missing at the end of the tenancy: the clothesline was broken and missing parts.

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: the walls in one bedroom were extensively damaged during the tenancy. The tenant agreed to pay for the repairs but has failed to do so. The damage to the lounge wall, broken bedroom window and damaged electrical fittings, was discovered at the end of the tenancy.

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 when assessing the replacement value of the clothesline. 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 and condition of the item at the start of the tenancy and its likely useful lifespan.

Because Century 21 Premier Turangi As Agent For Mike Richardson has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4963353 — net $5,897.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4881240 dated 07/06/2024	$1,860.44	Previous order application 4881240 dated 07/06/2024
Rubbish removal	$706.10	Rubbish removal
Lock/key replacement	$330.51	Lock/key replacement
Lawns and Garden work	$63.25	Lawns and Garden work
Repairs: bedroom wall damage during tenancy	$661.25	Repairs: bedroom wall damage during tenancy
Cleaning	$405.95	Cleaning
Carpet stain removal	$265.00	Carpet stain removal
Window glazing	$191.77	Window glazing
Carpet Cleaning	$402.50	Carpet Cleaning
Replace furnishings: washing line	$747.50	Replace furnishings: washing line
Repairs: hole in lounge wall	$172.50	Repairs: hole in lounge wall
Electrical fittings repair	$63.25	Electrical fittings repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,897.02
Total payable by Tenant to Landlord	$5,897.02

Order

Tiana Sue Cross must pay Century 21 Premier Turangi As Agent For Mike Richardson $5,897.02 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 7 June 2024 under application 4881240.

Reasons

Only the applicant attended the hearings. The first was held on 23 September 2024 and adjourned part heard to enable the tenant to be served with particulars of additional compensation claims before the order is finalised. The second today 4 November 2024.
I am satisfied the tenant was properly served; she did not attend in person, in Taupo, on either date and did not answer calls to her cell phone.
Therefore, both hearings proceeded in her absence.
The landlord has applied for incorporation of a previous rent arrears order, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 9/6/2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
On 7/6/2024 the Tribunal made an order relating to this tenancy, for rent arrears to 9/6/2024 plus the filing fee paid for that application, less the bond which was to be refunded to the landlord. That has now occurred, and the tenant has not made any subsequent payments.
The previous order is incorporated into this order for enforcement purposes.

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 items and rubbish. The landlord stored some of the items in case the tenant wanted to collect anything, she has not done so, and the landlord has confirmation they are of no saleable value.
The carpets were badly stained. They required professional cleaning and stain removal treatment.
The tenant did not return the keys.
The lawns were overgrown.
The following chattels were missing at the end of the tenancy: the clothesline was broken and missing parts.
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: the walls in one bedroom were extensively damaged during the tenancy. The tenant agreed to pay for the repairs but has failed to do so. The damage to the lounge wall, broken bedroom window and damaged electrical fittings, was discovered at the end of the tenancy.
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 when assessing the replacement value of the clothesline. 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 and condition of the item at the start of the tenancy and its likely useful lifespan.
Because Century 21 Premier Turangi As Agent For Mike Richardson has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4963353 — Property damage at 18 Poihaere Street, Turangi, Turangi 3334

At a glance

Tenancy Tribunal case 4963353 — Property damage at 18 Poihaere Street, Turangi, Turangi 3334

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

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

Frequently asked questions