What was the outcome of Tenancy Tribunal case 5121254?

The tribunal order states: Aleksandra Yevgen'evna Slesareva and Matilda Rawinia Kahotea must pay

How much money was awarded in case 5121254?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5121254?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 5121254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11497515-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5121254?

The tribunal order states: Aleksandra Yevgen'evna Slesareva and Matilda Rawinia Kahotea must pay

How much money was awarded in case 5121254?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5121254?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 5121254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11497515-Tenancy_Tribunal_Order.pdf.

56 Jeffs Road, Dairy Flat, RD 4, Dairy Flat 0794 Tenancy Tribunal Case 5121254 — Property damage

Order

Aleksandra Yevgen'evna Slesareva and Matilda Rawinia Kahotea must pay Wiki Property Management Limited as agent for Miao Zhang $7,610.67 immediately, calculated as shown in table below. Rent arrears to 1 December 2024$1,455.57 Wall and ceiling damage repair$3,000.00 Replace curtains x 2$115.85 Replace: 2 x smoke alarms; toilet roll holder$200.00 Lawn mowing$150.00 Garage door repairs$2,662.25 Filing fee reimbursement$27.00 Total award$7,610.67

Reasons

Jane Zhou attended the hearing for the landlord.
The tenants did not attend. Yesterday, one of the tenants, Ms Slesareva, emailed the Tribunal that she could not attend as she lives in Whangarei.
Neither tenant applied to attend by telephone or some other means. The hearing proceeded in the tenants’ absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Is Ms Slesareva a tenant?

There is a preliminary issue as to whether Ms Slesareva is a tenant.
On 25 February 2025, she emailed the Tribunal to say she never moved in, and the tenancy was transferred to another person. I have never lived at the property I paid the bond but we never moved in, the tenancy was transferred into another name and I will attach the paper work.
Ms Slesareva attached a tenancy agreement to her email which is for a Tony Nicholls for the premises for periodic tenancy commencing 13 November 2023.
Ms Slesareva’s tenancy was for a fixed term commencing 16 August 2023 and ending 15 August 2024.
Ms Slesareva’s tenancy agreement contains a clause prohibiting the tenants from subletting the premises without the landlord’s consent. The landlord has not signed the Tony Nicholls tenancy agreement. Ms Zhou says the landlord was not even aware of the Tony Nicholls tenancy agreement, let alone agreed to it.
The purported tenancy agreement for Tony Nicholls is invalid.
I am satisfied that Ms Slesareva is a tenant. Therefore, she is liable under this claim.

How much is owed for rent?

The tenancy ended on 1 December 2024. The landlord provided rent records which prove the amount the tenants still owe for rent to 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. 1 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii).
The tenants did not leave the lawns tidy. They had to be mown at a cost to the landlord of $150.00.
Departing tenants must leave in or at the premises the landlords chattels provided for the use of the tenant.
The tenants did not leave two smoke alarms, a toilet roll holder, and two sets of curtains.
Ms Zhou provided invoices proving the landlord’s expense to replace the missing chattels.
The amounts ordered are proved.

Are the tenants liable for the damage to the premises?

The landlord claimed for the cost of repairing wall and ceiling damage, and the garage door.
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. 2 Tenants are liable for the actions of people at the premises with their permission.
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. 3
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. 4
Several walls had adhesive damage. Two walls were damaged by the removal of television brackets. Some glue had splattered onto the living room ceiling. The wall gib was cracked in one place. There were multiple other dents and scratches to the walls and ceilings.
The damage occurred during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The landlord claims for a repair cost of $3,450.00. 2 RTA, ss 40(2)(a), 41, and 49B. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541.
I allow $3,000.00 of that to account for betterment and depreciation of the walls and ceilings. 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.
The garage door was damaged during the tenancy. The damage is more than fair wear and tear. The tenants have not proved the damage was not caused intentionally or carelessly.
The landlord provided an invoice to prove the cost of repairing the door.
The claim for repair of the garage door is allowed. Possible future claim for carpet damage
Ms Zhou indicated the landlord may file a claim for carpet damage at a later date.
Today the claim could not be considered because there has not been an attempt to remove staining by contracting professional carpet cleaners. The premises has been re-tenanted, and the landlord has not incurred any cost in respect to the staining. Filing fee
The tenants must reimburse the landlord for the filing fee.

Order

Reasons

Jane Zhou attended the hearing for the landlord.
The tenants did not attend. Yesterday, one of the tenants, Ms Slesareva, emailed the Tribunal that she could not attend as she lives in Whangarei.
Neither tenant applied to attend by telephone or some other means. The hearing proceeded in the tenants’ absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Is Ms Slesareva a tenant?

There is a preliminary issue as to whether Ms Slesareva is a tenant.
On 25 February 2025, she emailed the Tribunal to say she never moved in, and the tenancy was transferred to another person. I have never lived at the property I paid the bond but we never moved in, the tenancy was transferred into another name and I will attach the paper work.
Ms Slesareva attached a tenancy agreement to her email which is for a Tony Nicholls for the premises for periodic tenancy commencing 13 November 2023.
Ms Slesareva’s tenancy was for a fixed term commencing 16 August 2023 and ending 15 August 2024.
Ms Slesareva’s tenancy agreement contains a clause prohibiting the tenants from subletting the premises without the landlord’s consent. The landlord has not signed the Tony Nicholls tenancy agreement. Ms Zhou says the landlord was not even aware of the Tony Nicholls tenancy agreement, let alone agreed to it.
The purported tenancy agreement for Tony Nicholls is invalid.
I am satisfied that Ms Slesareva is a tenant. Therefore, she is liable under this claim.

How much is owed for rent?

The tenancy ended on 1 December 2024. The landlord provided rent records which prove the amount the tenants still owe for rent to 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. 1 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii).
The tenants did not leave the lawns tidy. They had to be mown at a cost to the landlord of $150.00.
Departing tenants must leave in or at the premises the landlords chattels provided for the use of the tenant.
The tenants did not leave two smoke alarms, a toilet roll holder, and two sets of curtains.
Ms Zhou provided invoices proving the landlord’s expense to replace the missing chattels.
The amounts ordered are proved.

Are the tenants liable for the damage to the premises?

The landlord claimed for the cost of repairing wall and ceiling damage, and the garage door.
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. 2 Tenants are liable for the actions of people at the premises with their permission.
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. 3
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. 4
Several walls had adhesive damage. Two walls were damaged by the removal of television brackets. Some glue had splattered onto the living room ceiling. The wall gib was cracked in one place. There were multiple other dents and scratches to the walls and ceilings.
The damage occurred during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The landlord claims for a repair cost of $3,450.00. 2 RTA, ss 40(2)(a), 41, and 49B. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541.
I allow $3,000.00 of that to account for betterment and depreciation of the walls and ceilings. 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.
The garage door was damaged during the tenancy. The damage is more than fair wear and tear. The tenants have not proved the damage was not caused intentionally or carelessly.
The landlord provided an invoice to prove the cost of repairing the door.
The claim for repair of the garage door is allowed. Possible future claim for carpet damage
Ms Zhou indicated the landlord may file a claim for carpet damage at a later date.
Today the claim could not be considered because there has not been an attempt to remove staining by contracting professional carpet cleaners. The premises has been re-tenanted, and the landlord has not incurred any cost in respect to the staining. Filing fee
The tenants must reimburse the landlord for the filing fee.

Tenancy Tribunal case 5121254 — Property damage at 56 Jeffs Road, Dairy Flat, RD 4, Dairy Flat 0794

Tenancy Tribunal case 5121254 — Property damage at 56 Jeffs Road, Dairy Flat, RD 4, Dairy Flat 0794

Order

Reasons

Is Ms Slesareva a tenant?

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Are the tenants liable for the damage to the premises?

Property management

Order

Reasons

Is Ms Slesareva a tenant?

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Are the tenants liable for the damage to the premises?

Property management