How much money was awarded in case 4998881?

Cleaning: $632.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Painting Bedrooms: $1,610.00 awarded to landlord; Painting Hallway And Living Room: $287.50 awarded to landlord; Rubbish Removal: $1,357.00 awarded to landlord; Rubbish Removal: $960.00 awarded to landlord

What type of tenancy dispute was case 4998881?

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

Where can I read the official tribunal order for case 4998881?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11276433-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4998881?

Cleaning: $632.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Painting Bedrooms: $1,610.00 awarded to landlord; Painting Hallway And Living Room: $287.50 awarded to landlord; Rubbish Removal: $1,357.00 awarded to landlord; Rubbish Removal: $960.00 awarded to landlord

What type of tenancy dispute was case 4998881?

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

Where can I read the official tribunal order for case 4998881?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11276433-Tenancy_Tribunal_Order.pdf.

7 Watene Crescent, Waitara, Waitara 4320 Tenancy Tribunal Case 4998881 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4998881?

The tribunal order states: Robert William Scott must pay Belgrave Ventures Limited T/A Propertyscouts

Order

Claims and awards in Tenancy Tribunal application 4998881 — net $2,874.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$632.50	Cleaning
Rubbish removal: skip bin hire	$960.00	Rubbish removal: skip bin hire
Rubbish removal	$1,357.00	Rubbish removal
Repairs: painting bedrooms	$1,610.00	Repairs: painting bedrooms
Repairs: painting hallway and living room	$287.50	Repairs: painting hallway and living room
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,874.00
Total payable by Tenant to Landlord	$2,874.00

Robert William Scott must pay Belgrave Ventures Limited T/A Propertyscouts New Plymouth As Agent For The Owner, Nick Walker $2,874.00 immediately, calculated as shown in the table below. DescriptionLandlord Cleaning$632.50 Rubbish removal: skip bin hire$960.00 Rubbish removal$1,357.00 Repairs: painting bedrooms$1,610.00 Repairs: painting hallway and living room$287.50 Filing fee reimbursement$27.00 Total award$4,874.00 Bond$2,000.00 Total payable by Tenant to Landlord$2,874.00

Reasons

The landlord attended the hearing by telephone.

The tenant was telephoned twice. Each time the call was answered but after an explanation for the call was given, the call was terminated by the tenant.

The landlord has applied for compensation following 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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence showed that the tenant had taken what he wanted, left behind anything he did not want and made no attempt to clean the premises.

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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. Two bedrooms had been painted by the tenant on the basis that he would return them to a neutral colour at the end of the tenancy. He did not do so. It is appropriate that the landlord be compensated for its reasonable expense in having the rooms repainted. b. There was wall damage to areas in the living room and hallway which required some small areas repainted. This is careless damage.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Belgrave Ventures Limited T/A Propertyscouts New Plymouth As Agent For The Owner, Nick Walker has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4998881 — net $2,874.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$632.50	Cleaning
Rubbish removal: skip bin hire	$960.00	Rubbish removal: skip bin hire
Rubbish removal	$1,357.00	Rubbish removal
Repairs: painting bedrooms	$1,610.00	Repairs: painting bedrooms
Repairs: painting hallway and living room	$287.50	Repairs: painting hallway and living room
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,874.00
Total payable by Tenant to Landlord	$2,874.00

Order

Robert William Scott must pay Belgrave Ventures Limited T/A Propertyscouts New Plymouth As Agent For The Owner, Nick Walker $2,874.00 immediately, calculated as shown in the table below. DescriptionLandlord Cleaning$632.50 Rubbish removal: skip bin hire$960.00 Rubbish removal$1,357.00 Repairs: painting bedrooms$1,610.00 Repairs: painting hallway and living room$287.50 Filing fee reimbursement$27.00 Total award$4,874.00 Bond$2,000.00 Total payable by Tenant to Landlord$2,874.00

Reasons

The landlord attended the hearing by telephone.
The tenant was telephoned twice. Each time the call was answered but after an explanation for the call was given, the call was terminated by the tenant.
The landlord has applied for compensation following 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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence showed that the tenant had taken what he wanted, left behind anything he did not want and made no attempt to clean the premises.
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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. Two bedrooms had been painted by the tenant on the basis that he would return them to a neutral colour at the end of the tenancy. He did not do so. It is appropriate that the landlord be compensated for its reasonable expense in having the rooms repainted. b. There was wall damage to areas in the living room and hallway which required some small areas repainted. This is careless damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Belgrave Ventures Limited T/A Propertyscouts New Plymouth As Agent For The Owner, Nick Walker has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4998881 — Property damage at 7 Watene Crescent, Waitara, Waitara 4320

At a glance

Tenancy Tribunal case 4998881 — Property damage at 7 Watene Crescent, Waitara, Waitara 4320

At a glance

Award balance

Claims & awards

Order

Reasons

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

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