What was the outcome of Tenancy Tribunal case 5017749?

The tribunal order states: Daniel Wingar and Leah Anne Tomkins must pay Team Group Rentals Limited-

How much money was awarded in case 5017749?

Cleaning: $333.50 awarded to landlord; Property Damage: $920.00 awarded to landlord; Rent Arrears: $1,105.71 awarded to landlord; Replace Furnishings: Curtains: $287.50 awarded to landlord; Rubbish Removal: $172.50 awarded to landlord

What type of tenancy dispute was case 5017749?

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

Where can I read the official tribunal order for case 5017749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11765846-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5017749?

The tribunal order states: Daniel Wingar and Leah Anne Tomkins must pay Team Group Rentals Limited-

How much money was awarded in case 5017749?

Cleaning: $333.50 awarded to landlord; Property Damage: $920.00 awarded to landlord; Rent Arrears: $1,105.71 awarded to landlord; Replace Furnishings: Curtains: $287.50 awarded to landlord; Rubbish Removal: $172.50 awarded to landlord

What type of tenancy dispute was case 5017749?

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

Where can I read the official tribunal order for case 5017749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11765846-Tenancy_Tribunal_Order.pdf.

31 Downes Street, Titahi Bay, Porirua 5022 Tenancy Tribunal Case 5017749 — Rent arrears

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31 Downes Street, Titahi Bay, Porirua 5022 Tenancy Tribunal Case 5017749 — 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 5017749 — net $1,019.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,105.71	Rent arrears
Replace furnishings: Curtains	$287.50	Replace furnishings: Curtains
Repairs	$920.00	Repairs
Cleaning	$333.50	Cleaning
Rubbish removal	$172.50	Rubbish removal
Net award	$1,019.21
Total payable by Tenant to Landlord	$1,019.21

Claims and awards for application 5017749 — net $1,019.21 NZD. Verify on MoJ.

Rent arrears

Amount: $1,105.71
Awarded to: Landlord
Reason: Rent arrears

Replace furnishings: Curtains

Amount: $287.50
Awarded to: Landlord
Reason: Replace furnishings: Curtains

Repairs

Amount: $920.00
Awarded to: Landlord
Reason: Repairs

Cleaning

Amount: $333.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $172.50
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

Daniel Wingar and Leah Anne Tomkins must pay Team Group Rentals Limited- As Agent For Helen And Sam Janes $1,019.21 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (5785683-004) to Team Group Rentals Limited- As Agent For Helen And Sam Janes immediately.

Reasons

The landlord attended the video hearing.
The tenants did not attend the hearing by Teams video link. Telephone calls were made to the tenants on the numbers provided at the allocated hearing time. There was no response to the calls. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
The landlord has applied for rent arrears, compensation and refund of the bond, following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 27 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,105.71.

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, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos as evidence of the condition of the premises at the end of the tenancy. The photos showed that the premises had not been left reasonably clean and tidy. The landlord provided invoices for the cleaning and rubbish removal. The rubbish removal included tip fees.
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. The landlord is insured. The landlords policy of insurance carries an excess on each and every claim of $400.00.
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: Curtains in the office and in the back bedroom were damaged. The landlord provided photos of the curtains and an invoice. The landlord indicated that the curtains had been in good condition prior to the tenancy. The landlord provided an invoice for $287.50. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Holes had been made in the lounge and in the office walls. Photos were provided by the landlord of the damage and an invoice for the repairs of $920.00. The excess on the landlord’s policy of insurance is $400.00. That excess relates to each and every claim. There were a number of holes in the walls which required repairs and accordingly the excess does not apply. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

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 5017749 — net $1,019.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,105.71	Rent arrears
Replace furnishings: Curtains	$287.50	Replace furnishings: Curtains
Repairs	$920.00	Repairs
Cleaning	$333.50	Cleaning
Rubbish removal	$172.50	Rubbish removal
Net award	$1,019.21
Total payable by Tenant to Landlord	$1,019.21

Claims and awards for application 5017749 — net $1,019.21 NZD. Verify on MoJ.

Rent arrears

Amount: $1,105.71
Awarded to: Landlord
Reason: Rent arrears

Replace furnishings: Curtains

Amount: $287.50
Awarded to: Landlord
Reason: Replace furnishings: Curtains

Repairs

Amount: $920.00
Awarded to: Landlord
Reason: Repairs

Cleaning

Amount: $333.50
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $172.50
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Rubbish Removal

Order

Daniel Wingar and Leah Anne Tomkins must pay Team Group Rentals Limited- As Agent For Helen And Sam Janes $1,019.21 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (5785683-004) to Team Group Rentals Limited- As Agent For Helen And Sam Janes immediately.

Reasons

The landlord attended the video hearing.
The tenants did not attend the hearing by Teams video link. Telephone calls were made to the tenants on the numbers provided at the allocated hearing time. There was no response to the calls. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
The landlord has applied for rent arrears, compensation and refund of the bond, following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 27 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,105.71.

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, See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos as evidence of the condition of the premises at the end of the tenancy. The photos showed that the premises had not been left reasonably clean and tidy. The landlord provided invoices for the cleaning and rubbish removal. The rubbish removal included tip fees.
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. The landlord is insured. The landlords policy of insurance carries an excess on each and every claim of $400.00.
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: Curtains in the office and in the back bedroom were damaged. The landlord provided photos of the curtains and an invoice. The landlord indicated that the curtains had been in good condition prior to the tenancy. The landlord provided an invoice for $287.50. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Holes had been made in the lounge and in the office walls. Photos were provided by the landlord of the damage and an invoice for the repairs of $920.00. The excess on the landlord’s policy of insurance is $400.00. That excess relates to each and every claim. There were a number of holes in the walls which required repairs and accordingly the excess does not apply. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5017749 — Rent arrears at 31 Downes Street, Titahi Bay, Porirua 5022

At a glance

Tenancy Tribunal case 5017749 — Rent arrears at 31 Downes Street, Titahi Bay, Porirua 5022

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