What was the outcome of Tenancy Tribunal case 4980728?

The tribunal order states: Joanna Ramarihi Tahana must pay Rentals 4 You Limited As Agent For

How much money was awarded in case 4980728?

Cleaning: $1,489.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $246.68 awarded to landlord; Rent Arrears: $4,710.00 awarded to landlord; Bathroom Relining (Part - 15: $885.00 awarded to landlord; Doors X 3: $844.94 awarded to landlord

What type of tenancy dispute was case 4980728?

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

Where can I read the official tribunal order for case 4980728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11108432-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4980728?

The tribunal order states: Joanna Ramarihi Tahana must pay Rentals 4 You Limited As Agent For

How much money was awarded in case 4980728?

Cleaning: $1,489.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $246.68 awarded to landlord; Rent Arrears: $4,710.00 awarded to landlord; Bathroom Relining (Part - 15: $885.00 awarded to landlord; Doors X 3: $844.94 awarded to landlord

What type of tenancy dispute was case 4980728?

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

Where can I read the official tribunal order for case 4980728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11108432-Tenancy_Tribunal_Order.pdf.

69 Golf Road, Tahunanui, Nelson 7011 Tenancy Tribunal Case 4980728 — Rent arrears

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69 Golf Road, Tahunanui, Nelson 7011 Tenancy Tribunal Case 4980728 — 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 4980728 — net $6,202.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,710.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$1,489.25	Cleaning
Lawns and Garden work	$246.68	Lawns and Garden work
Repairs: Doors x 3	$844.94	Repairs: Doors x 3
Repairs: Bathroom relining (part - 15	$885.00	Repairs: Bathroom relining (part - 15
Net award	$6,202.87
Total payable by Tenant to Landlord	$6,202.87

Claims and awards for application 4980728 — net $6,202.87 NZD. Verify on MoJ.

Rent arrears

Amount: $4,710.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Cleaning

Amount: $1,489.25
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $246.68
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Doors x 3

Amount: $844.94
Awarded to: Landlord
Reason: Repairs: Doors x 3

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage

Order

Joanna Ramarihi Tahana must pay Rentals 4 You Limited As Agent For Greenacres Properties 2006 Ltd $6,202.87 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (5392273-001) to Rentals 4 You Limited As Agent For Greenacres Properties 2006 Ltd immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
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 26 September 2024. The landlord provided a rent summary which proves the amount owing at the end of the tenancy is as ordered.

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. She did not remove all rubbish/leave the lawn and gardens in reasonable condition. The landlord provided photos and invoices that established the remedial effort and related costs. Some cleaning of areas had occurred but there were areas of significant distress that justified the costs as claimed.
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.
The following damage was caused during the tenancy: a. Three doors had holes requiring repair. The landlord provided photos and an invoice for the repairs and this is awarded in full. b. The bathroom walls and ceiling were in poor condition and mould had spread into the lining. The bathroom lining was replaced by the landlord. Curiously, the landlord recounted no mould issues during the first two years of the tenancy. The deterioration of the walls and ceiling followed the installation of mechanical extraction in the bathroom in 2022. At the hearing I expressed some concern to the landlord regarding the wallpapering of the bathroom walls and ceiling, their age, condition and suitability as a surface in such a wet area. The advice by the landlord to the tenant during the tenancy was to open the window. Nothing more formal was raised as the increasing mould was observed during routine inspections. No mitigation occurred in a timely manner. The cost to the landlord of the relining was significant and I consider there some tenant liability but after considering the submissions, and allowing for betterment and other possible contributing causes, I award 15% of the relining and associated cost as tenant liability.
The damage above 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 and condition of the items at the start of the tenancy and their likely useful lifespan. The landlord had already considered the age and entry condition in not pursuing a possible claim for carpet damage.
I decline the claim for the cost of repair to a hole in the dining room wall. The entry photos show previous door handle dents at the premises, more than likely caused by the door handle. There was no obvious door stop or means of protecting the wall in the photos provided. The hole is considered as caused by the door handle, given its location. Given the lack of any protection, I consider the damage to be wear and tear and therefore a cost to the landlord.
A further claim for water damage to kitchen pantry side (on bench) is also declined. The placement of it on the benchtop close to the sink and the main working area for the kitchen makes the subsequent water damage to the MDF as shown in the photos as a likely or foreseeable event. I consider it wear and tear. Filing fee
Because Rentals 4 You Limited As Agent For Greenacres Properties 2006 Ltd 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 4980728 — net $6,202.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,710.00	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$1,489.25	Cleaning
Lawns and Garden work	$246.68	Lawns and Garden work
Repairs: Doors x 3	$844.94	Repairs: Doors x 3
Repairs: Bathroom relining (part - 15	$885.00	Repairs: Bathroom relining (part - 15
Net award	$6,202.87
Total payable by Tenant to Landlord	$6,202.87

Claims and awards for application 4980728 — net $6,202.87 NZD. Verify on MoJ.

Rent arrears

Amount: $4,710.00
Awarded to: Landlord
Reason: Rent arrears

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Cleaning

Amount: $1,489.25
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $246.68
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Doors x 3

Amount: $844.94
Awarded to: Landlord
Reason: Repairs: Doors x 3

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage

Order

Joanna Ramarihi Tahana must pay Rentals 4 You Limited As Agent For Greenacres Properties 2006 Ltd $6,202.87 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (5392273-001) to Rentals 4 You Limited As Agent For Greenacres Properties 2006 Ltd immediately.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
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 26 September 2024. The landlord provided a rent summary which proves the amount owing at the end of the tenancy is as ordered.

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. She did not remove all rubbish/leave the lawn and gardens in reasonable condition. The landlord provided photos and invoices that established the remedial effort and related costs. Some cleaning of areas had occurred but there were areas of significant distress that justified the costs as claimed.
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.
The following damage was caused during the tenancy: a. Three doors had holes requiring repair. The landlord provided photos and an invoice for the repairs and this is awarded in full. b. The bathroom walls and ceiling were in poor condition and mould had spread into the lining. The bathroom lining was replaced by the landlord. Curiously, the landlord recounted no mould issues during the first two years of the tenancy. The deterioration of the walls and ceiling followed the installation of mechanical extraction in the bathroom in 2022. At the hearing I expressed some concern to the landlord regarding the wallpapering of the bathroom walls and ceiling, their age, condition and suitability as a surface in such a wet area. The advice by the landlord to the tenant during the tenancy was to open the window. Nothing more formal was raised as the increasing mould was observed during routine inspections. No mitigation occurred in a timely manner. The cost to the landlord of the relining was significant and I consider there some tenant liability but after considering the submissions, and allowing for betterment and other possible contributing causes, I award 15% of the relining and associated cost as tenant liability.
The damage above 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 and condition of the items at the start of the tenancy and their likely useful lifespan. The landlord had already considered the age and entry condition in not pursuing a possible claim for carpet damage.
I decline the claim for the cost of repair to a hole in the dining room wall. The entry photos show previous door handle dents at the premises, more than likely caused by the door handle. There was no obvious door stop or means of protecting the wall in the photos provided. The hole is considered as caused by the door handle, given its location. Given the lack of any protection, I consider the damage to be wear and tear and therefore a cost to the landlord.
A further claim for water damage to kitchen pantry side (on bench) is also declined. The placement of it on the benchtop close to the sink and the main working area for the kitchen makes the subsequent water damage to the MDF as shown in the photos as a likely or foreseeable event. I consider it wear and tear. Filing fee
Because Rentals 4 You Limited As Agent For Greenacres Properties 2006 Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4980728 — Rent arrears at 69 Golf Road, Tahunanui, Nelson 7011

At a glance

Tenancy Tribunal case 4980728 — Rent arrears at 69 Golf Road, Tahunanui, Nelson 7011

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