What was the outcome of Tenancy Tribunal case 4995168?

The tribunal order states: Brogan McGregor must pay For Homes (Nz) Limited $7,253.28 immediately,

How much money was awarded in case 4995168?

Cleaning: $767.62 awarded to landlord; Property Damage: $198.79 awarded to landlord; Property Damage: $120.00 awarded to landlord; Rent Arrears: $5,644.47 awarded to landlord; Rubbish Removal: $850.00 awarded to landlord; Skip Bin Hireage: $369.59 awarded to landlord; Skip Bin Hireage: $442.81 awarded to landlord

What type of tenancy dispute was case 4995168?

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

Where can I read the official tribunal order for case 4995168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11099484-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4995168?

The tribunal order states: Brogan McGregor must pay For Homes (Nz) Limited $7,253.28 immediately,

How much money was awarded in case 4995168?

Cleaning: $767.62 awarded to landlord; Property Damage: $198.79 awarded to landlord; Property Damage: $120.00 awarded to landlord; Rent Arrears: $5,644.47 awarded to landlord; Rubbish Removal: $850.00 awarded to landlord; Skip Bin Hireage: $369.59 awarded to landlord; Skip Bin Hireage: $442.81 awarded to landlord

What type of tenancy dispute was case 4995168?

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

Where can I read the official tribunal order for case 4995168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11099484-Tribunal_Order.pdf.

11 Stairs Street, Dannevirke, Dannevirke 4930 Tenancy Tribunal Case 4995168 — Rent arrears

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11 Stairs Street, Dannevirke, Dannevirke 4930 Tenancy Tribunal Case 4995168 — 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 4995168 — net $7,253.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,644.47	Rent arrears
Cleaning: and rubbish	$767.62	Cleaning: and rubbish
Window repairs	$198.79	Window repairs
Furniture and rubbish removal	$850.00	Furniture and rubbish removal
Skip bin hireage	$369.59	Skip bin hireage
Skip bin hireage	$442.81	Skip bin hireage
Lock/key replacement	$120.00	Lock/key replacement
Net award	$7,253.28
Total payable by Tenant to Landlord	$7,253.28

Claims and awards for application 4995168 — net $7,253.28 NZD. Verify on MoJ.

Rent arrears

Amount: $5,644.47
Awarded to: Landlord
Reason: Rent arrears

Cleaning: and rubbish

Amount: $767.62
Awarded to: Landlord
Reason: Cleaning: and rubbish

Window repairs

Amount: $198.79
Awarded to: Landlord
Reason: Window repairs

Furniture and rubbish removal

Amount: $850.00
Awarded to: Landlord
Reason: Furniture and rubbish removal

Skip bin hireage

Amount: $369.59
Awarded to: Landlord
Reason: Skip bin hireage

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

Brogan McGregor must pay For Homes (Nz) Limited $7,253.28 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$5,644.47 Cleaning: and rubbish$767.62 Window repairs$198.79 Furniture and rubbish removal$850.00 Skip bin hireage$369.59 Skip bin hireage$442.81 Lock/key replacement$120.00 Total award$8,393.28 Minus Bond-$1,140.00 Total payable by Tenant to Landlord$7,253.28
The Bond Centre is to pay the bond of $1,140.00 (5229793-007) to For Homes (Nz) Limited immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenant’s mobile number twice, but it was not answered.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy was terminated by the Tribunal on 30 September 2024 for abandonment.

How much is owed for rent?

The tenancy ended on 30 September 2024. The landlord provided rent records which prove the amount of $5644.46 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The landlord has provided the Tribunal with an exit report and photographs which show the property had been left in a disgusting condition. The tenant had left the property without removing any of their rubbish or possessions. The interior and exterior were covered with rubbish and the house was very dirty.
The landlord has provided the Tribunal with invoices for the cleanup of the property. There were two invoices that totalled $767.62 from Bernie’s Maintenance for cleaning out all the rubbish though the house and shed and cleaning the property. A1 Furniture Removal provided an invoice for $850.00 for the removal of an entire house lot of discarded furniture and rubbish from the house. There were two invoices from Smart Environment for the skip bin hire and removal.
In addition, an invoice from Native Woodcraft for $120.00 to change the locks.
I am satisfied that the landlord has proven their claim for the cleaning and rubbish removal at the property and locksmith costs.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 window in the kitchen was broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided the Tribunal with a photo of the broken window and an invoice from Dannevirke Glass and Aluminium Joinery Ltd for $198.79 to replace the window.
The amounts ordered are proved.
The bond is to be refunded to the landlord to offset the debt owed by the tenant to the landlord.
As the landlord has been successful with their claim I must reimburse the cost of 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 4995168 — net $7,253.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,644.47	Rent arrears
Cleaning: and rubbish	$767.62	Cleaning: and rubbish
Window repairs	$198.79	Window repairs
Furniture and rubbish removal	$850.00	Furniture and rubbish removal
Skip bin hireage	$369.59	Skip bin hireage
Skip bin hireage	$442.81	Skip bin hireage
Lock/key replacement	$120.00	Lock/key replacement
Net award	$7,253.28
Total payable by Tenant to Landlord	$7,253.28

Claims and awards for application 4995168 — net $7,253.28 NZD. Verify on MoJ.

Rent arrears

Amount: $5,644.47
Awarded to: Landlord
Reason: Rent arrears

Cleaning: and rubbish

Amount: $767.62
Awarded to: Landlord
Reason: Cleaning: and rubbish

Window repairs

Amount: $198.79
Awarded to: Landlord
Reason: Window repairs

Furniture and rubbish removal

Amount: $850.00
Awarded to: Landlord
Reason: Furniture and rubbish removal

Skip bin hireage

Amount: $369.59
Awarded to: Landlord
Reason: Skip bin hireage

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

Brogan McGregor must pay For Homes (Nz) Limited $7,253.28 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$5,644.47 Cleaning: and rubbish$767.62 Window repairs$198.79 Furniture and rubbish removal$850.00 Skip bin hireage$369.59 Skip bin hireage$442.81 Lock/key replacement$120.00 Total award$8,393.28 Minus Bond-$1,140.00 Total payable by Tenant to Landlord$7,253.28
The Bond Centre is to pay the bond of $1,140.00 (5229793-007) to For Homes (Nz) Limited immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the tenant’s mobile number twice, but it was not answered.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy was terminated by the Tribunal on 30 September 2024 for abandonment.

How much is owed for rent?

The tenancy ended on 30 September 2024. The landlord provided rent records which prove the amount of $5644.46 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for 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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The landlord has provided the Tribunal with an exit report and photographs which show the property had been left in a disgusting condition. The tenant had left the property without removing any of their rubbish or possessions. The interior and exterior were covered with rubbish and the house was very dirty.
The landlord has provided the Tribunal with invoices for the cleanup of the property. There were two invoices that totalled $767.62 from Bernie’s Maintenance for cleaning out all the rubbish though the house and shed and cleaning the property. A1 Furniture Removal provided an invoice for $850.00 for the removal of an entire house lot of discarded furniture and rubbish from the house. There were two invoices from Smart Environment for the skip bin hire and removal.
In addition, an invoice from Native Woodcraft for $120.00 to change the locks.
I am satisfied that the landlord has proven their claim for the cleaning and rubbish removal at the property and locksmith costs.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 window in the kitchen was broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has provided the Tribunal with a photo of the broken window and an invoice from Dannevirke Glass and Aluminium Joinery Ltd for $198.79 to replace the window.
The amounts ordered are proved.
The bond is to be refunded to the landlord to offset the debt owed by the tenant to the landlord.
As the landlord has been successful with their claim I must reimburse the cost of the filing fee.

Tenancy Tribunal case 4995168 — Rent arrears at 11 Stairs Street, Dannevirke, Dannevirke 4930

At a glance

Tenancy Tribunal case 4995168 — Rent arrears at 11 Stairs Street, Dannevirke, Dannevirke 4930

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