What was the outcome of Tenancy Tribunal case 5067068?

The tribunal order states: Brooke Marie Livingston must pay Burgess Property Limited $3,073.00

How much money was awarded in case 5067068?

Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,315.00 awarded to landlord; Property Damage: $414.00 awarded to landlord; Painting: $621.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $276.00 awarded to landlord

What type of tenancy dispute was case 5067068?

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

Where can I read the official tribunal order for case 5067068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11458715-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5067068?

The tribunal order states: Brooke Marie Livingston must pay Burgess Property Limited $3,073.00

How much money was awarded in case 5067068?

Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,315.00 awarded to landlord; Property Damage: $414.00 awarded to landlord; Painting: $621.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $276.00 awarded to landlord

What type of tenancy dispute was case 5067068?

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

Where can I read the official tribunal order for case 5067068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11458715-Tenancy_Tribunal_Order.pdf.

12B Brown Avenue, Carterton, Carterton 5713 Tenancy Tribunal Case 5067068 — Rent arrears

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12B Brown Avenue, Carterton, Carterton 5713 Tenancy Tribunal Case 5067068 — 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 5067068 — net $3,073.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,315.00	Rent arrears
Cleaning	$300.00	Cleaning
Rubbish removal	$276.00	Rubbish removal
Repairs: including lock replacement	$414.00	Repairs: including lock replacement
Repairs: painting	$621.00	Repairs: painting
Repairs: Windows insurance excess	$500.00	Repairs: Windows insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,073.00
Total payable by Tenant to Landlord	$3,073.00

Claims and awards for application 5067068 — net $3,073.00 NZD. Verify on MoJ.

Rent arrears

Amount: $3,315.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $276.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: including lock replacement

Amount: $414.00
Awarded to: Landlord
Reason: Repairs: including lock replacement

Repairs: painting

Amount: $621.00
Awarded to: Landlord
Reason: Repairs: painting

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage Rubbish Removal

Order

Brooke Marie Livingston must pay Burgess Property Limited $3,073.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,380.00 to Burgess Property Limited immediately.

Reasons

The landlord attended the hearing at 2pm yesterday. There was no appearance for the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord had not filed or brought his supporting evidence for his claims. I allowed him until 3pm today to file the documents, which he duly did. Rent
The tenancy ended on 1 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,315.00. Cleaning, rubbish and damage
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs showing that 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 landlord provided an invoice for $276.00 for 6 hours’ rubbish removal and tip fees.
An invoice of $350.00 for cleaning included window cleaning inside and out. The tenant must leave the premises reasonably clean and tidy. That does not usually include window cleaning and the landlord has not provided any evidence to justify this. Accordingly, a reduction of $50 has been made from this invoice.
A further invoice of $414.00 covers lock replacement, replacement of washing line and repairs and painting. There is a further invoice for $621.00 for 12 hours’ painting. The photos show some minor damage to the walls.
The photos also show broken windows and glass doors. The landlord provided evidence from his insurers that he had to pay $500 excess.
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.
It is clear that the broken glass is more than fair wear and tear.
The damage to the walls is less clear. There are some scuffs and marks, but actual damage is difficult to discern. The Tribunal would have been assisted by photographs of the property at the start of the tenancy and advice of when it was last painted. However, there appear to be some scrapes, and the tenant has not disproved liability.
The landlord also claimed for damage to a garage door, but provided a quote with today’s date. It therefore appears the landlord has not undertaken the work and has not incurred a loss.
The amounts ordered are proved.
The landlord is reminded that claims such as these are usually accompanied by entry inspection reports (including photos) and exit inspection reports with photos. All invoices should also be filed, showing loss.
Because Burgess Property Limited has substantially succeeded with the claim I have reimbursed 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 5067068 — net $3,073.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,315.00	Rent arrears
Cleaning	$300.00	Cleaning
Rubbish removal	$276.00	Rubbish removal
Repairs: including lock replacement	$414.00	Repairs: including lock replacement
Repairs: painting	$621.00	Repairs: painting
Repairs: Windows insurance excess	$500.00	Repairs: Windows insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,073.00
Total payable by Tenant to Landlord	$3,073.00

Claims and awards for application 5067068 — net $3,073.00 NZD. Verify on MoJ.

Rent arrears

Amount: $3,315.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $276.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: including lock replacement

Amount: $414.00
Awarded to: Landlord
Reason: Repairs: including lock replacement

Repairs: painting

Amount: $621.00
Awarded to: Landlord
Reason: Repairs: painting

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Property damage Rubbish Removal

Order

Brooke Marie Livingston must pay Burgess Property Limited $3,073.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,380.00 to Burgess Property Limited immediately.

Reasons

The landlord attended the hearing at 2pm yesterday. There was no appearance for the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord had not filed or brought his supporting evidence for his claims. I allowed him until 3pm today to file the documents, which he duly did. Rent
The tenancy ended on 1 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,315.00. Cleaning, rubbish and damage
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs showing that 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 landlord provided an invoice for $276.00 for 6 hours’ rubbish removal and tip fees.
An invoice of $350.00 for cleaning included window cleaning inside and out. The tenant must leave the premises reasonably clean and tidy. That does not usually include window cleaning and the landlord has not provided any evidence to justify this. Accordingly, a reduction of $50 has been made from this invoice.
A further invoice of $414.00 covers lock replacement, replacement of washing line and repairs and painting. There is a further invoice for $621.00 for 12 hours’ painting. The photos show some minor damage to the walls.
The photos also show broken windows and glass doors. The landlord provided evidence from his insurers that he had to pay $500 excess.
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.
It is clear that the broken glass is more than fair wear and tear.
The damage to the walls is less clear. There are some scuffs and marks, but actual damage is difficult to discern. The Tribunal would have been assisted by photographs of the property at the start of the tenancy and advice of when it was last painted. However, there appear to be some scrapes, and the tenant has not disproved liability.
The landlord also claimed for damage to a garage door, but provided a quote with today’s date. It therefore appears the landlord has not undertaken the work and has not incurred a loss.
The amounts ordered are proved.
The landlord is reminded that claims such as these are usually accompanied by entry inspection reports (including photos) and exit inspection reports with photos. All invoices should also be filed, showing loss.
Because Burgess Property Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5067068 — Rent arrears at 12B Brown Avenue, Carterton, Carterton 5713

At a glance

Tenancy Tribunal case 5067068 — Rent arrears at 12B Brown Avenue, Carterton, Carterton 5713

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