What was the outcome of Tenancy Tribunal case 5094269?

The tribunal order states: Susan Wendy Manhire and Abby Hope Isabella Thourmine to pay Property

How much money was awarded in case 5094269?

Cleaning: $75.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $911.65 awarded to landlord; Cupboard Door Handles: $75.00 awarded to landlord; Front Of Garage Facia Boards: $20.00 awarded to landlord; Rubbish Removal: $180.50 awarded to landlord; Spraying Weeds, Lawns And Green Wast…: $95.00 awarded to landlord

What type of tenancy dispute was case 5094269?

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

Where can I read the official tribunal order for case 5094269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11610022-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5094269?

The tribunal order states: Susan Wendy Manhire and Abby Hope Isabella Thourmine to pay Property

How much money was awarded in case 5094269?

Cleaning: $75.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $911.65 awarded to landlord; Cupboard Door Handles: $75.00 awarded to landlord; Front Of Garage Facia Boards: $20.00 awarded to landlord; Rubbish Removal: $180.50 awarded to landlord; Spraying Weeds, Lawns And Green Wast…: $95.00 awarded to landlord

What type of tenancy dispute was case 5094269?

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

Where can I read the official tribunal order for case 5094269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11610022-Tenancy_Tribunal_Order.pdf.

9 Mahoe Street, Strandon, New Plymouth 4312 Tenancy Tribunal Case 5094269 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5094269 — net $1,411.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 02/01/2025	$911.65	Rent arrears to 02/01/2025
Cleaning	$75.00	Cleaning
Rubbish removal: and tip fees	$180.50	Rubbish removal: and tip fees
Repairs: cupboard door handles	$75.00	Repairs: cupboard door handles
Spraying weeds, lawns and green waste removal	$95.00	Spraying weeds, lawns and green waste removal
Repairs: front of garage facia boards	$20.00	Repairs: front of garage facia boards
Filing fee reimbursement (application 5094269	$27.00	Filing fee reimbursement (application 5094269
Filing fee reimbursement (application 5200551	$27.00	Filing fee reimbursement (application 5200551
Net award	$1,411.15
Bond	$2,300.00
Total payable by Tenant to Landlord	$1,411.15

Susan Wendy Manhire and Abby Hope Isabella Thourmine to pay Property Brokers Limited As Agent For Egmont View No.1 Trust $1,411.15 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,300.00 (3512748-018) immediately apportioned as follows: Property Brokers Limited As Agent For Egmont View No.1 Trust: $1,411.15 Susan Wendy Manhire and Abby Hope Isabella Thourmine: $888.85

Reasons

The landlord attended the hearing. The tenants did not.

I am satisfied that the tenants had received proper notice of the hearing time, date and place and chose not to attend.

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

How much is owed for rent?

The tenancy ended 2 January 2025. 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenants 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.

Some of the cupboard door handles were missing and had to be replaced and some had to be refitted. There was also damage to the garage door facia boards that had to be repaired. This damage occurred during the tenancy as a result of the tenants careless acts or omissions and which I find to be more than fair wear and tear. The tenants have not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fees

Because Property Brokers Limited As Agent For Egmont View No.1 Trust has wholly succeeded with both of their applications, I must reimburse the filing fees.

Claims and awards in Tenancy Tribunal application 5094269 — net $1,411.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 02/01/2025	$911.65	Rent arrears to 02/01/2025
Cleaning	$75.00	Cleaning
Rubbish removal: and tip fees	$180.50	Rubbish removal: and tip fees
Repairs: cupboard door handles	$75.00	Repairs: cupboard door handles
Spraying weeds, lawns and green waste removal	$95.00	Spraying weeds, lawns and green waste removal
Repairs: front of garage facia boards	$20.00	Repairs: front of garage facia boards
Filing fee reimbursement (application 5094269	$27.00	Filing fee reimbursement (application 5094269
Filing fee reimbursement (application 5200551	$27.00	Filing fee reimbursement (application 5200551
Net award	$1,411.15
Bond	$2,300.00
Total payable by Tenant to Landlord	$1,411.15

Order

Susan Wendy Manhire and Abby Hope Isabella Thourmine to pay Property Brokers Limited As Agent For Egmont View No.1 Trust $1,411.15 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,300.00 (3512748-018) immediately apportioned as follows: Property Brokers Limited As Agent For Egmont View No.1 Trust: $1,411.15 Susan Wendy Manhire and Abby Hope Isabella Thourmine: $888.85

Reasons

The landlord attended the hearing. The tenants did not.
I am satisfied that the tenants had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fees following the end of the tenancy.

How much is owed for rent?

The tenancy ended 2 January 2025. 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenants 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.
Some of the cupboard door handles were missing and had to be replaced and some had to be refitted. There was also damage to the garage door facia boards that had to be repaired. This damage occurred during the tenancy as a result of the tenants careless acts or omissions and which I find to be more than fair wear and tear. The tenants have not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fees
Because Property Brokers Limited As Agent For Egmont View No.1 Trust has wholly succeeded with both of their applications, I must reimburse the filing fees.

Tenancy Tribunal case 5094269 — Rent arrears at 9 Mahoe Street, Strandon, New Plymouth 4312

At a glance

Tenancy Tribunal case 5094269 — Rent arrears at 9 Mahoe Street, Strandon, New Plymouth 4312

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