What was the outcome of Tenancy Tribunal case 5057369?

The tribunal order states: Maori Patafilo must pay Manage My Rentals Limited Acting Agent For Nsb

How much money was awarded in case 5057369?

Bailiff: $258.00 awarded to landlord; Cleaning: $445.34 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Packing Possessions: $300.00 awarded to landlord; Previous Application Fee: $27.00 awarded to landlord; Property Damage: $189.75 awarded to landlord; Property Damage: $422.62 awarded to landlord; Rent Arrears: $2,950.00 awarded to landlord; Carpet: $616.00 awarded to landlord; Property Damage: $2,360.00 awarded to landlord; Property Damage: $1,100.00 awarded to landlord; Laundry Floor Replace: $230.00 awarded to landlord; Rubbish Removal: $319.00 awarded to landlord

What type of tenancy dispute was case 5057369?

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

Where can I read the official tribunal order for case 5057369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11628092-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5057369?

The tribunal order states: Maori Patafilo must pay Manage My Rentals Limited Acting Agent For Nsb

How much money was awarded in case 5057369?

Bailiff: $258.00 awarded to landlord; Cleaning: $445.34 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Packing Possessions: $300.00 awarded to landlord; Previous Application Fee: $27.00 awarded to landlord; Property Damage: $189.75 awarded to landlord; Property Damage: $422.62 awarded to landlord; Rent Arrears: $2,950.00 awarded to landlord; Carpet: $616.00 awarded to landlord; Property Damage: $2,360.00 awarded to landlord; Property Damage: $1,100.00 awarded to landlord; Laundry Floor Replace: $230.00 awarded to landlord; Rubbish Removal: $319.00 awarded to landlord

What type of tenancy dispute was case 5057369?

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

Where can I read the official tribunal order for case 5057369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11628092-Tenancy_Tribunal_Order.pdf.

106 Warspite Avenue, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 5057369 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5057369 — net $7,764.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/9/24	$2,950.00	Rent arrears to 19/9/24
Window repairs	$189.75	Window repairs
Repairs: laundry floor replace	$230.00	Repairs: laundry floor replace
Carpet Cleaning	$445.34	Carpet Cleaning
Repairs: holes in walls & wall damage	$1,100.00	Repairs: holes in walls & wall damage
Repairs: damaged side fence	$2,360.00	Repairs: damaged side fence
bailiff	$258.00	bailiff
Lock/key replacement	$422.62	Lock/key replacement
Cleaning	$600.00	Cleaning
Rubbish removal	$319.00	Rubbish removal
Lawns and Garden work	$120.00	Lawns and Garden work
packing possessions	$300.00	packing possessions
previous application fee	$27.00	previous application fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repairs: carpet	$616.00	Repairs: carpet
Net award	$7,764.71
Total payable by Tenant to Landlord	$7,764.71

The landlord attended the hearing represented by Ms Prince. There was no appearance for the tenant. I am satisfied that he has been served with the notice of hearing, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 19 September 2024 by the execution of an eviction warrant. 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) RTA.

The landlord has proven that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys. The property was left fairly dirty and with all belongings in the home. The owner had to go through the items and sort them into rubbish and personal belongings. They attempted to arrange for the tenant to collect his belongings, but he did not do so until some months later when he collected his small personal items only.

The owner tried to arrange for second hand shops to collect some items but there was nothing of value. They therefore were put to the cost of disposing of the remaining items. The carpets were heavily stained and the lawn had not been mown.

Having considered the evidence carefully, I am satisfied that the amounts ordered are proven in evidence and reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for having the following damage repaired: a. A broken window. b. The laundry floor had been damaged to the extent that it required replacing. c. The carpet had to be patched in some areas due to excessive staining. d. There was wall damage by the front door and holes in the walls throughout the property. e. The side fence had been driven through by the tenant’s child.

To be successful in such a claim, the 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. The insurance excess was $1000 however none of the damage was accepted by the insurance company as covered.

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 (the s49B cap). The weekly rent was $590.

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.

Having considered the evidence, I make the following findings: a. The landlord has proven that all the damage was caused during the tenancy and exceeds fair wear and tear. b. The tenant is liable for the cost of repairing the broken window which appears to be careless damage and is below the s49B cap. c. The tenant is liable for the cost of replacing the laundry floor. This damage appears to be careless damage as it looks like water has been allowed to sit on the floor for a considerable period. I have reduced the amount claimed to account for depreciation. 1 d. The tenant is liable for the cost of repairing the carpet which appears to be careless damage and is below the s49B cap. The carpet damage is heavy stains from tattoo ink predominantly. e. There was wall damage by the front door and holes throughout the property in the walls which I find to be intentional damage. Accordingly, the tenant is liable for the repairs. I have reduced the amount slightly to account for depreciation of the paintwork. f. The side fence had been driven through by the tenant’s child which is careless damage. The insurance company would not cover this cost therefore according to the s49B cap, the tenant is liable to the amount that is four times the weekly rent which comes in under the actual cost the landlord was put to.

Because Manage My Rentals Limited Acting Agent For Nsb Visions Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5057369 — net $7,764.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/9/24	$2,950.00	Rent arrears to 19/9/24
Window repairs	$189.75	Window repairs
Repairs: laundry floor replace	$230.00	Repairs: laundry floor replace
Carpet Cleaning	$445.34	Carpet Cleaning
Repairs: holes in walls & wall damage	$1,100.00	Repairs: holes in walls & wall damage
Repairs: damaged side fence	$2,360.00	Repairs: damaged side fence
bailiff	$258.00	bailiff
Lock/key replacement	$422.62	Lock/key replacement
Cleaning	$600.00	Cleaning
Rubbish removal	$319.00	Rubbish removal
Lawns and Garden work	$120.00	Lawns and Garden work
packing possessions	$300.00	packing possessions
previous application fee	$27.00	previous application fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repairs: carpet	$616.00	Repairs: carpet
Net award	$7,764.71
Total payable by Tenant to Landlord	$7,764.71

Order

Maori Patafilo must pay Manage My Rentals Limited Acting Agent For Nsb Visions Limited $7,764.71 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (5168319-006) to Manage My Rentals Limited Acting Agent For Nsb Visions Limited immediately.

Reasons

The landlord attended the hearing represented by Ms Prince. There was no appearance for the tenant. I am satisfied that he has been served with the notice of hearing, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 19 September 2024 by the execution of an eviction warrant. 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) RTA.
The landlord has proven that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys. The property was left fairly dirty and with all belongings in the home. The owner had to go through the items and sort them into rubbish and personal belongings. They attempted to arrange for the tenant to collect his belongings, but he did not do so until some months later when he collected his small personal items only.
The owner tried to arrange for second hand shops to collect some items but there was nothing of value. They therefore were put to the cost of disposing of the remaining items. The carpets were heavily stained and the lawn had not been mown.
Having considered the evidence carefully, I am satisfied that the amounts ordered are proven in evidence and reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for having the following damage repaired: a. A broken window. b. The laundry floor had been damaged to the extent that it required replacing. c. The carpet had to be patched in some areas due to excessive staining. d. There was wall damage by the front door and holes in the walls throughout the property. e. The side fence had been driven through by the tenant’s child.
To be successful in such a claim, the 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. The insurance excess was $1000 however none of the damage was accepted by the insurance company as covered.
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 (the s49B cap). The weekly rent was $590.
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.
Having considered the evidence, I make the following findings: a. The landlord has proven that all the damage was caused during the tenancy and exceeds fair wear and tear. b. The tenant is liable for the cost of repairing the broken window which appears to be careless damage and is below the s49B cap. c. The tenant is liable for the cost of replacing the laundry floor. This damage appears to be careless damage as it looks like water has been allowed to sit on the floor for a considerable period. I have reduced the amount claimed to account for depreciation. 1 d. The tenant is liable for the cost of repairing the carpet which appears to be careless damage and is below the s49B cap. The carpet damage is heavy stains from tattoo ink predominantly. e. There was wall damage by the front door and holes throughout the property in the walls which I find to be intentional damage. Accordingly, the tenant is liable for the repairs. I have reduced the amount slightly to account for depreciation of the paintwork. f. The side fence had been driven through by the tenant’s child which is careless damage. The insurance company would not cover this cost therefore according to the s49B cap, the tenant is liable to the amount that is four times the weekly rent which comes in under the actual cost the landlord was put to.
Because Manage My Rentals Limited Acting Agent For Nsb Visions Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5057369 — Property damage at 106 Warspite Avenue, Cannons Creek, Porirua 5024

At a glance

Tenancy Tribunal case 5057369 — Property damage at 106 Warspite Avenue, Cannons Creek, Porirua 5024

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