What was the outcome of Tenancy Tribunal case 5028789?

The tribunal order states: Mya Maria Hulsdouw must pay Glasshouse Property Management Limited As

How much money was awarded in case 5028789?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,517.43 awarded to landlord; Rent Arrears: $1,285.71 awarded to landlord

What type of tenancy dispute was case 5028789?

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

Where can I read the official tribunal order for case 5028789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11250109-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5028789?

The tribunal order states: Mya Maria Hulsdouw must pay Glasshouse Property Management Limited As

How much money was awarded in case 5028789?

Filing Fee: $27.00 awarded to landlord; Property Damage: $1,517.43 awarded to landlord; Rent Arrears: $1,285.71 awarded to landlord

What type of tenancy dispute was case 5028789?

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

Where can I read the official tribunal order for case 5028789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11250109-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 120 Mahoe Street, Melville, Hamilton 3206 Tenancy Tribunal Case 5028789 — Property damage

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Unit/Flat 1, 120 Mahoe Street, Melville, Hamilton 3206 Tenancy Tribunal Case 5028789 — Property damage | 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 5028789 — net $2,796.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 14 October 2024	$1,285.71		Rent arrears to 14 October 2024
Repairs	$1,517.43		Repairs
Filing fee reimbursement	$27.00		Filing fee reimbursement
Balance of bond		$33.92	Balance of bond
Total award	$2,830.14	$33.92
Net award	$2,796.22
Total payable by Tenant to Landlord	$2,796.22

Claims and awards for application 5028789 — net $2,796.22 NZD. Verify on MoJ.

Rent arrears to 14 October 2024

Amount: $1,285.71
Awarded to: Landlord
Reason: Rent arrears to 14 October 2024

Repairs

Amount: $1,517.43
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Balance of bond

Amount: $33.92
Awarded to: Tenant
Reason: Balance of bond

Total award

Landlord $2,830.14 · Tenant $33.92

Net award

Landlord $2,796.22

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Mya Maria Hulsdouw must pay Glasshouse Property Management Limited As Agent For Darrin And Lyndal Pryde $2,796.22 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by telephone. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
By agreement the bond had been released to the landlord to cover cleaning, keys, garage remote, heat pump remote, lawns and insurance excess for damage to a wall and door. The remaining amount from the bond is to be deducted from the award made against the tenant.

How much is owed for rent?

The tenancy ended on 14 October 2024. The landlord provided rent records which prove the amount owing at 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, 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, and did not remove all rubbish.
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 following damage was caused during the tenancy: door and wall damage, and broken blind. 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 Glasshouse Property Management Limited As Agent For Darrin And Lyndal Pryde 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 5028789 — net $2,796.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 14 October 2024	$1,285.71		Rent arrears to 14 October 2024
Repairs	$1,517.43		Repairs
Filing fee reimbursement	$27.00		Filing fee reimbursement
Balance of bond		$33.92	Balance of bond
Total award	$2,830.14	$33.92
Net award	$2,796.22
Total payable by Tenant to Landlord	$2,796.22

Claims and awards for application 5028789 — net $2,796.22 NZD. Verify on MoJ.

Rent arrears to 14 October 2024

Amount: $1,285.71
Awarded to: Landlord
Reason: Rent arrears to 14 October 2024

Repairs

Amount: $1,517.43
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

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

Balance of bond

Amount: $33.92
Awarded to: Tenant
Reason: Balance of bond

Total award

Landlord $2,830.14 · Tenant $33.92

Net award

Landlord $2,796.22

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears

Order

Mya Maria Hulsdouw must pay Glasshouse Property Management Limited As Agent For Darrin And Lyndal Pryde $2,796.22 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by telephone. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
By agreement the bond had been released to the landlord to cover cleaning, keys, garage remote, heat pump remote, lawns and insurance excess for damage to a wall and door. The remaining amount from the bond is to be deducted from the award made against the tenant.

How much is owed for rent?

The tenancy ended on 14 October 2024. The landlord provided rent records which prove the amount owing at 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, 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, and did not remove all rubbish.
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 following damage was caused during the tenancy: door and wall damage, and broken blind. 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 Glasshouse Property Management Limited As Agent For Darrin And Lyndal Pryde has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5028789 — Property damage at Unit/Flat 1, 120 Mahoe Street, Melville, Hamilton 3206

At a glance

Tenancy Tribunal case 5028789 — Property damage at Unit/Flat 1, 120 Mahoe Street, Melville, Hamilton 3206

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