What was the outcome of Tenancy Tribunal case 5117870?

The tribunal order states: Destini Te Rawanake Matenga must pay Riverlands Real Estate Limited T/A

How much money was awarded in case 5117870?

2x Heatpump Remotes: $210.00 awarded to landlord; Cleaning: $320.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Electrical Safety Work: $175.15 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $385.00 awarded to landlord; Previous Order Application 5031488 D…: $1,741.29 awarded to landlord; Property Damage: $462.30 awarded to landlord; Property Damage: $292.00 awarded to landlord; Property Damage: $1,654.00 awarded to landlord; Property Damage: $2,203.12 awarded to landlord; Replace furnishings: Curtains, track…: $885.10 awarded to landlord; Rubbish Removal: $909.88 awarded to landlord; Water Rates: $313.88 awarded to landlord

What type of tenancy dispute was case 5117870?

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

Where can I read the official tribunal order for case 5117870?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11384321-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5117870?

The tribunal order states: Destini Te Rawanake Matenga must pay Riverlands Real Estate Limited T/A

How much money was awarded in case 5117870?

2x Heatpump Remotes: $210.00 awarded to landlord; Cleaning: $320.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Electrical Safety Work: $175.15 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $385.00 awarded to landlord; Previous Order Application 5031488 D…: $1,741.29 awarded to landlord; Property Damage: $462.30 awarded to landlord; Property Damage: $292.00 awarded to landlord; Property Damage: $1,654.00 awarded to landlord; Property Damage: $2,203.12 awarded to landlord; Replace furnishings: Curtains, track…: $885.10 awarded to landlord; Rubbish Removal: $909.88 awarded to landlord; Water Rates: $313.88 awarded to landlord

What type of tenancy dispute was case 5117870?

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

Where can I read the official tribunal order for case 5117870?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11384321-Tenancy_Tribunal_Order.pdf.

99 Harris Street, Huntly 3700 Tenancy Tribunal Case 5117870 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5117870 — net $10,078.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5031488 dated 21/11/2024	$1,741.29	Previous order application 5031488 dated 21/11/2024
Lock/key replacement	$462.30	Lock/key replacement
Rubbish removal	$909.88	Rubbish removal
Cleaning	$500.00	Cleaning
Carpet Cleaning	$320.00	Carpet Cleaning
Lawns and Garden work	$385.00	Lawns and Garden work
Window repairs	$292.00	Window repairs
Replacement stove and install	$1,654.00	Replacement stove and install
Replacement hot water cylinder	$2,203.12	Replacement hot water cylinder
Replace furnishings: Curtains, tracks, nets	$885.10	Replace furnishings: Curtains, tracks, nets
2x heatpump remotes	$210.00	2x heatpump remotes
Water rates	$313.88	Water rates
Electrical safety work	$175.15	Electrical safety work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,078.72
Total payable by Tenant to Landlord	$10,078.72

Only the landlord’s representative attended the hearing. The tenant has been given proper notice of the hearing including by email and text.

The landlord has applied for compensation for costs incurred after the end of the tenancy.

The tenancy started on 24 June 2024 and ended, just 5 months later, on 21 November 2024 by previous order of the Tribunal.

The previous order awarded the refund of the bond and $1,741.29 to the landlord and is incorporated into this order for enforcement purposes.

What is the law on tenant obligations and damage claims?

At the end of a tenancy, the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all landlord chattels. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).

If making a claim for damage, a landlord must prove that any damage happened during this tenancy and is more than fair wear and tear. Fair wear and tear is anything that would happen as a normal and ordinary part of living in the property.

A tenant is liable for any intentional or careless damage. Tenants are liable for the actions of people at the premises with their permission. Sections 40(2)(a), 41 and 49B RTA.

When working out compensation, 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. This often means that the Tribunal considers the age and condition of the items at the start of the tenancy and their likely useful lifespan. The claims

I now consider the claims under this application:- a. Lock and key replacement: the keys were not returned, and the front door and a window latch were damaged. b. A large volume of rubbish and unwanted furniture was left behind including mattresses and a lounge suite. Scrap metal was left and had to be disposed of. c. The house was not left reasonably clean and tidy. d. The carpet was mouldy. It appears the water from the hot water cylinder had been spilled throughout the house which caused the mould growth. e. The lawns and gardens were very overgrown (knee-height or higher grass). f. Two windows were broken. g. The standalone stove (brand new at the start of this tenancy) was missing. h. The hot water cylinder had been removed, stripped of copper, and the shell left outside. i. All curtains, tracks and nets were missing. These too were new at the start of this tenancy. j. The two heatpump remotes were missing. k. The landlord supplied water meter readings from the start and end of the tenancy, and I award the amount payable for water consumption. l. An electrician attended to disconnect the live wiring to the hot water cylinder attachment and check the safety of other connections so that the clean up work could be done.

The landlord has proven that the damage and theft of the chattels occurred during this tenancy.

I award all claims based on the invoices supplied which are reasonable. I have not depreciated the chattels claims because this house had been newly renovated just before this tenancy, so the chattels were only a few months old when they were stolen.

The landlord is entitled to be awarded the filing fee.

No suppression orders were sought.

Claims and awards in Tenancy Tribunal application 5117870 — net $10,078.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5031488 dated 21/11/2024	$1,741.29	Previous order application 5031488 dated 21/11/2024
Lock/key replacement	$462.30	Lock/key replacement
Rubbish removal	$909.88	Rubbish removal
Cleaning	$500.00	Cleaning
Carpet Cleaning	$320.00	Carpet Cleaning
Lawns and Garden work	$385.00	Lawns and Garden work
Window repairs	$292.00	Window repairs
Replacement stove and install	$1,654.00	Replacement stove and install
Replacement hot water cylinder	$2,203.12	Replacement hot water cylinder
Replace furnishings: Curtains, tracks, nets	$885.10	Replace furnishings: Curtains, tracks, nets
2x heatpump remotes	$210.00	2x heatpump remotes
Water rates	$313.88	Water rates
Electrical safety work	$175.15	Electrical safety work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,078.72
Total payable by Tenant to Landlord	$10,078.72

Order

Destini Te Rawanake Matenga must pay Riverlands Real Estate Limited T/A Harcourts As Agent For Chetan Prajapati $10,078.72 immediately, calculated as shown in table below.

Reasons

Only the landlord’s representative attended the hearing. The tenant has been given proper notice of the hearing including by email and text.
The landlord has applied for compensation for costs incurred after the end of the tenancy.
The tenancy started on 24 June 2024 and ended, just 5 months later, on 21 November 2024 by previous order of the Tribunal.
The previous order awarded the refund of the bond and $1,741.29 to the landlord and is incorporated into this order for enforcement purposes.

What is the law on tenant obligations and damage claims?

At the end of a tenancy, the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all landlord chattels. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
If making a claim for damage, a landlord must prove that any damage happened during this tenancy and is more than fair wear and tear. Fair wear and tear is anything that would happen as a normal and ordinary part of living in the property.
A tenant is liable for any intentional or careless damage. Tenants are liable for the actions of people at the premises with their permission. Sections 40(2)(a), 41 and 49B RTA.
When working out compensation, 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. This often means that the Tribunal considers the age and condition of the items at the start of the tenancy and their likely useful lifespan. The claims
I now consider the claims under this application:- a. Lock and key replacement: the keys were not returned, and the front door and a window latch were damaged. b. A large volume of rubbish and unwanted furniture was left behind including mattresses and a lounge suite. Scrap metal was left and had to be disposed of. c. The house was not left reasonably clean and tidy. d. The carpet was mouldy. It appears the water from the hot water cylinder had been spilled throughout the house which caused the mould growth. e. The lawns and gardens were very overgrown (knee-height or higher grass). f. Two windows were broken. g. The standalone stove (brand new at the start of this tenancy) was missing. h. The hot water cylinder had been removed, stripped of copper, and the shell left outside. i. All curtains, tracks and nets were missing. These too were new at the start of this tenancy. j. The two heatpump remotes were missing. k. The landlord supplied water meter readings from the start and end of the tenancy, and I award the amount payable for water consumption. l. An electrician attended to disconnect the live wiring to the hot water cylinder attachment and check the safety of other connections so that the clean up work could be done.
The landlord has proven that the damage and theft of the chattels occurred during this tenancy.
I award all claims based on the invoices supplied which are reasonable. I have not depreciated the chattels claims because this house had been newly renovated just before this tenancy, so the chattels were only a few months old when they were stolen.
The landlord is entitled to be awarded the filing fee.
No suppression orders were sought.

Tenancy Tribunal case 5117870 — Property damage at 99 Harris Street, Huntly 3700

At a glance

Tenancy Tribunal case 5117870 — Property damage at 99 Harris Street, Huntly 3700

At a glance

Award balance

Claims & awards

Order

Reasons

What is the law on tenant obligations and damage claims?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

What is the law on tenant obligations and damage claims?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions