What was the outcome of Tenancy Tribunal case 5037072?

The tribunal order states: Jasinta Paenga must pay Rentals.co.nz Limited (as agent for the Whangarei

How much money was awarded in case 5037072?

Cleaning: $246.70 awarded to landlord; Cleaning: $150.00 awarded to landlord; Cleaning: $275.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $169.05 awarded to landlord; Rent Arrears: $1,248.57 awarded to landlord; Rubbish Removal: $143.75 awarded to landlord; Smoke Alarms: $40.00 awarded to landlord; Water Rates: $674.16 awarded to landlord

What type of tenancy dispute was case 5037072?

The primary dispute was Exemplary damages. Related themes: Rent arrears, Cleanliness, Property damage, Smoke alarms.

Where can I read the official tribunal order for case 5037072?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11113861-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5037072?

The tribunal order states: Jasinta Paenga must pay Rentals.co.nz Limited (as agent for the Whangarei

How much money was awarded in case 5037072?

Cleaning: $246.70 awarded to landlord; Cleaning: $150.00 awarded to landlord; Cleaning: $275.00 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $169.05 awarded to landlord; Rent Arrears: $1,248.57 awarded to landlord; Rubbish Removal: $143.75 awarded to landlord; Smoke Alarms: $40.00 awarded to landlord; Water Rates: $674.16 awarded to landlord

What type of tenancy dispute was case 5037072?

The primary dispute was Exemplary damages. Related themes: Rent arrears, Cleanliness, Property damage, Smoke alarms.

Where can I read the official tribunal order for case 5037072?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11113861-Tenancy_Tribunal_Order.pdf.

Unit 3, 1B Ewing Road, Riverside, Whangarei 0112 Tenancy Tribunal Case 5037072 — Exemplary damages

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Unit 3, 1B Ewing Road, Riverside, Whangarei 0112 Tenancy Tribunal Case 5037072 — Exemplary damages | 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 5037072 — net $2,634.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 October 2024	$1,248.57	Rent arrears to 15 October 2024
Water rates	$674.16	Water rates
Carpet Cleaning: Stain removal during tenancy	$150.00	Carpet Cleaning: Stain removal during tenancy
Rubbish removal	$143.75	Rubbish removal
Carpet Cleaning: End of tenancy	$246.70	Carpet Cleaning: End of tenancy
Cleaning	$275.00	Cleaning
Lock/key replacement	$169.05	Lock/key replacement
Replace smoke alarms	$40.00	17. I will award exemplary damages of $1,500.00 having regard to the following factors: a.
Exemplary damages - interference with the means of escape from fire	$1,500.00	Exemplary damages - interference with the means of escape from fire
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,634.23
Total payable by Tenant to Landlord	$2,634.23

Claims and awards for application 5037072 — net $2,634.23 NZD. Verify on MoJ.

Rent arrears to 15 October 2024

Amount: $1,248.57
Awarded to: Landlord
Reason: Rent arrears to 15 October 2024

Water rates

Amount: $674.16
Awarded to: Landlord
Reason: Water rates

Carpet Cleaning: Stain removal during tenancy

Amount: $150.00
Awarded to: Landlord
Reason: Carpet Cleaning: Stain removal during tenancy

Rubbish removal

Amount: $143.75
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning: End of tenancy

Amount: $246.70
Awarded to: Landlord
Reason: Carpet Cleaning: End of tenancy

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Exemplary damages Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

Order

Jasinta Paenga must pay Rentals.co.nz Limited (as agent for the Whangarei District Council) $2,634.23 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,840.00 (3376539-017) to Rentals.co.nz Limited immediately.

Reasons

The tenancy ended on 15 October 2024.
The landlord’s application seeks rent arrears, cleaning, rubbish removal, change of locks, and exemplary damages for removal of smoke alarms.
The hearing took place in Whangarei on 22 November. Ms Inglis and Mr Paki represented the landlord. There was no appearance by the tenant.
The landlord’s rent record shows rent arrears of $1,248.57. It appears that the tenant gave notice, then stopped paying rent. The last rent payment was on 19 September 2024. Even if the tenant left the property before 15 October, she remains liable for rent to the end of the notice period.
Water rates are owed. The claim includes water rates invoiced by the Whangarei District Council in February 2024, and water use to the end of the tenancy.
Stain treatment was carried out during the tenancy, in December 2023. The cost was $150.00.
At the end of the tenant the tenant must remove all rubbish, leave the premises reasonably clean and tidy, and return all keys. 1
The landlords provided photographs showing that a small amount of rubbish was left behind at the end of this tenancy. The premises were not left reasonably clean and tidy. There was some staining on the carpets.
The amounts claimed for rubbish removal, cleaning, and carpet cleaning are proven.
The tenant did not return the keys at the end of the tenancy. The amount claimed for change of locks is proven.
There is one smoke alarm in the premises. At the end of the tenancy the landlord found that the smoke alarm had been removed and put in the hallway cupboard.
It is an unlawful act for a tenant to remove or disable a smoke alarm. The maximum award of exemplary damages for this unlawful act is $4,000.00. 2
Ms Inglis recalled that in a previous inspection she noted that the smoke alarm was down, and she instructed Ms Paenga to reinstate it.
Amongst the rubbish left behind at the end of the tenancy was a bong. Ms Inglis provided a photograph of that item. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986 (“RTA”) 2 Section 40(2)(ab) and 40(3A) RTA
I am satisfied that Ms Paenga intentionally removed the smoke alarm during the tenancy. This is an unlawful act. It is appropriate to make an award of exemplary damages.
In considering an award of exemplary damages the Tribunal must have regard to: a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest.
I will award exemplary damages of $1,500.00 having regard to the following factors: a. The usual approach of the Tenancy Tribunal is to award one-third of the maximum unless there are aggravating or mitigating factors in play. 3 b. There are aggravating factors here in that: i. Ms Paenga removed the alarm more than once. ii. There is evidence to suggest that Ms Paenga smoked inside the house and that is why she removed the alarm. 4 c. The effect of Ms Paenga’s actions was to put her own safety, the safety of her family, and the landlord’s property, at risk. d. There is a strong and legitimate public interest in ensuring that there are functional smoke alarms in all tenanted premises.
The landlord has been successful in this application, and I must also award the landlord the filing fee of $27.00.
The proven claim exceeds the amount of the bond. The bond will be released to the landlord.

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 5037072 — net $2,634.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 October 2024	$1,248.57	Rent arrears to 15 October 2024
Water rates	$674.16	Water rates
Carpet Cleaning: Stain removal during tenancy	$150.00	Carpet Cleaning: Stain removal during tenancy
Rubbish removal	$143.75	Rubbish removal
Carpet Cleaning: End of tenancy	$246.70	Carpet Cleaning: End of tenancy
Cleaning	$275.00	Cleaning
Lock/key replacement	$169.05	Lock/key replacement
Replace smoke alarms	$40.00	17. I will award exemplary damages of $1,500.00 having regard to the following factors: a.
Exemplary damages - interference with the means of escape from fire	$1,500.00	Exemplary damages - interference with the means of escape from fire
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,634.23
Total payable by Tenant to Landlord	$2,634.23

Claims and awards for application 5037072 — net $2,634.23 NZD. Verify on MoJ.

Rent arrears to 15 October 2024

Amount: $1,248.57
Awarded to: Landlord
Reason: Rent arrears to 15 October 2024

Water rates

Amount: $674.16
Awarded to: Landlord
Reason: Water rates

Carpet Cleaning: Stain removal during tenancy

Amount: $150.00
Awarded to: Landlord
Reason: Carpet Cleaning: Stain removal during tenancy

Rubbish removal

Amount: $143.75
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning: End of tenancy

Amount: $246.70
Awarded to: Landlord
Reason: Carpet Cleaning: End of tenancy

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Exemplary damages Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms Water Rates

Order

Jasinta Paenga must pay Rentals.co.nz Limited (as agent for the Whangarei District Council) $2,634.23 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,840.00 (3376539-017) to Rentals.co.nz Limited immediately.

Reasons

The tenancy ended on 15 October 2024.
The landlord’s application seeks rent arrears, cleaning, rubbish removal, change of locks, and exemplary damages for removal of smoke alarms.
The hearing took place in Whangarei on 22 November. Ms Inglis and Mr Paki represented the landlord. There was no appearance by the tenant.
The landlord’s rent record shows rent arrears of $1,248.57. It appears that the tenant gave notice, then stopped paying rent. The last rent payment was on 19 September 2024. Even if the tenant left the property before 15 October, she remains liable for rent to the end of the notice period.
Water rates are owed. The claim includes water rates invoiced by the Whangarei District Council in February 2024, and water use to the end of the tenancy.
Stain treatment was carried out during the tenancy, in December 2023. The cost was $150.00.
At the end of the tenant the tenant must remove all rubbish, leave the premises reasonably clean and tidy, and return all keys. 1
The landlords provided photographs showing that a small amount of rubbish was left behind at the end of this tenancy. The premises were not left reasonably clean and tidy. There was some staining on the carpets.
The amounts claimed for rubbish removal, cleaning, and carpet cleaning are proven.
The tenant did not return the keys at the end of the tenancy. The amount claimed for change of locks is proven.
There is one smoke alarm in the premises. At the end of the tenancy the landlord found that the smoke alarm had been removed and put in the hallway cupboard.
It is an unlawful act for a tenant to remove or disable a smoke alarm. The maximum award of exemplary damages for this unlawful act is $4,000.00. 2
Ms Inglis recalled that in a previous inspection she noted that the smoke alarm was down, and she instructed Ms Paenga to reinstate it.
Amongst the rubbish left behind at the end of the tenancy was a bong. Ms Inglis provided a photograph of that item. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986 (“RTA”) 2 Section 40(2)(ab) and 40(3A) RTA
I am satisfied that Ms Paenga intentionally removed the smoke alarm during the tenancy. This is an unlawful act. It is appropriate to make an award of exemplary damages.
In considering an award of exemplary damages the Tribunal must have regard to: a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act was committed; and d. The public interest.
I will award exemplary damages of $1,500.00 having regard to the following factors: a. The usual approach of the Tenancy Tribunal is to award one-third of the maximum unless there are aggravating or mitigating factors in play. 3 b. There are aggravating factors here in that: i. Ms Paenga removed the alarm more than once. ii. There is evidence to suggest that Ms Paenga smoked inside the house and that is why she removed the alarm. 4 c. The effect of Ms Paenga’s actions was to put her own safety, the safety of her family, and the landlord’s property, at risk. d. There is a strong and legitimate public interest in ensuring that there are functional smoke alarms in all tenanted premises.
The landlord has been successful in this application, and I must also award the landlord the filing fee of $27.00.
The proven claim exceeds the amount of the bond. The bond will be released to the landlord.

Tenancy Tribunal case 5037072 — Exemplary damages at Unit 3, 1B Ewing Road, Riverside, Whangarei 0112

At a glance

Tenancy Tribunal case 5037072 — Exemplary damages at Unit 3, 1B Ewing Road, Riverside, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions