What was the outcome of Tenancy Tribunal case 5029048?

The tribunal order states: Alicia Scanlon must pay Barfoot & Thompson Limited - Pukekohe As Agent For

How much money was awarded in case 5029048?

Cleaning: $862.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $145.00 awarded to landlord; Property Damage: $25.42 awarded to landlord; Pest Control: $170.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Property Damage: $2,375.50 awarded to landlord; Property Damage: $3,900.00 awarded to landlord; Rubbish Removal: $894.93 awarded to landlord; Water Rates: $236.00 awarded to landlord

What type of tenancy dispute was case 5029048?

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

Where can I read the official tribunal order for case 5029048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11726846-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5029048?

The tribunal order states: Alicia Scanlon must pay Barfoot & Thompson Limited - Pukekohe As Agent For

How much money was awarded in case 5029048?

Cleaning: $862.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $145.00 awarded to landlord; Property Damage: $25.42 awarded to landlord; Pest Control: $170.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Property Damage: $2,375.50 awarded to landlord; Property Damage: $3,900.00 awarded to landlord; Rubbish Removal: $894.93 awarded to landlord; Water Rates: $236.00 awarded to landlord

What type of tenancy dispute was case 5029048?

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

Where can I read the official tribunal order for case 5029048?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11726846-Tenancy_Tribunal_Order.pdf.

107 George Street, Tuakau, Tuakau 2121 Tenancy Tribunal Case 5029048 — Property damage

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107 George Street, Tuakau, Tuakau 2121 Tenancy Tribunal Case 5029048 — 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 5029048 — net $8,808.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$236.00	Water rates
Lock/key replacement: balance of lock replacement cost	$25.42	Lock/key replacement: balance of lock replacement cost
Pest control	$170.00	Pest control
Rubbish removal	$894.93	Rubbish removal
Contractor's quotes for repairs	$172.50	Contractor's quotes for repairs
Repairs: painting and wall damage	$2,375.50	Repairs: painting and wall damage
Repairs: uninsured loss (insurance excess) on carpet replacement throughout and curtain replacement	$3,900.00	Repairs: uninsured loss (insurance excess) on carpet replacement throughout and curtain replacement
Cleaning	$862.50	Cleaning
Lawns and Garden work	$145.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,808.85
Total payable by Tenant to Landlord	$8,808.85

Claims and awards for application 5029048 — net $8,808.85 NZD. Verify on MoJ.

Water rates

Amount: $236.00
Awarded to: Landlord
Reason: Water rates

Lock/key replacement: balance of lock replacement cost

Amount: $25.42
Awarded to: Landlord
Reason: Lock/key replacement: balance of lock replacement cost

Pest control

Amount: $170.00
Awarded to: Landlord
Reason: Pest control

Rubbish removal

Amount: $894.93
Awarded to: Landlord
Reason: Rubbish removal

Contractor's quotes for repairs

Amount: $172.50
Awarded to: Landlord
Reason: Contractor's quotes for repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Pest Control Rubbish Removal Water Rates

Order

Alicia Scanlon must pay Barfoot & Thompson Limited - Pukekohe As Agent For Rowan And Elaine Harker $8,808.85 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices 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 tenant did not return the keys.
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 following damage was caused during the tenancy: walls, carpet and curtains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
As applicable, the tenant's liability has been limited to the insurance excess.
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 5029048 — net $8,808.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$236.00	Water rates
Lock/key replacement: balance of lock replacement cost	$25.42	Lock/key replacement: balance of lock replacement cost
Pest control	$170.00	Pest control
Rubbish removal	$894.93	Rubbish removal
Contractor's quotes for repairs	$172.50	Contractor's quotes for repairs
Repairs: painting and wall damage	$2,375.50	Repairs: painting and wall damage
Repairs: uninsured loss (insurance excess) on carpet replacement throughout and curtain replacement	$3,900.00	Repairs: uninsured loss (insurance excess) on carpet replacement throughout and curtain replacement
Cleaning	$862.50	Cleaning
Lawns and Garden work	$145.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$8,808.85
Total payable by Tenant to Landlord	$8,808.85

Claims and awards for application 5029048 — net $8,808.85 NZD. Verify on MoJ.

Water rates

Amount: $236.00
Awarded to: Landlord
Reason: Water rates

Lock/key replacement: balance of lock replacement cost

Amount: $25.42
Awarded to: Landlord
Reason: Lock/key replacement: balance of lock replacement cost

Pest control

Amount: $170.00
Awarded to: Landlord
Reason: Pest control

Rubbish removal

Amount: $894.93
Awarded to: Landlord
Reason: Rubbish removal

Contractor's quotes for repairs

Amount: $172.50
Awarded to: Landlord
Reason: Contractor's quotes for repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Pest Control Rubbish Removal Water Rates

Order

Alicia Scanlon must pay Barfoot & Thompson Limited - Pukekohe As Agent For Rowan And Elaine Harker $8,808.85 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices 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 tenant did not return the keys.
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 following damage was caused during the tenancy: walls, carpet and curtains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
As applicable, the tenant's liability has been limited to the insurance excess.
The amounts ordered are proved.

Tenancy Tribunal case 5029048 — Property damage at 107 George Street, Tuakau, Tuakau 2121

At a glance

Tenancy Tribunal case 5029048 — Property damage at 107 George Street, Tuakau, Tuakau 2121

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

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