What was the outcome of Tenancy Tribunal case 5140508?

The tribunal order states: Arona Joseph must pay Riverlands Real Estate Limited As Agent For Aj

How much money was awarded in case 5140508?

Cleaning: $550.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Previous Order Application 5074289 D…: $3,576.99 awarded to landlord; Property Damage: $181.70 awarded to landlord; Walls: $578.45 awarded to landlord; Rubbish Removal: $655.18 awarded to landlord

What type of tenancy dispute was case 5140508?

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

Where can I read the official tribunal order for case 5140508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11730559-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5140508?

The tribunal order states: Arona Joseph must pay Riverlands Real Estate Limited As Agent For Aj

How much money was awarded in case 5140508?

Cleaning: $550.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Previous Order Application 5074289 D…: $3,576.99 awarded to landlord; Property Damage: $181.70 awarded to landlord; Walls: $578.45 awarded to landlord; Rubbish Removal: $655.18 awarded to landlord

What type of tenancy dispute was case 5140508?

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

Where can I read the official tribunal order for case 5140508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11730559-Tenancy_Tribunal_Order.pdf.

25A Webb Street, Huntly, Huntly 3700 Tenancy Tribunal Case 5140508 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5140508 — net $5,799.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5074289 dated 15/01/2025	$3,576.99	Previous order application 5074289 dated 15/01/2025
Cleaning	$550.00	Cleaning
Rubbish removal	$655.18	Rubbish removal
Lawns and Garden work	$230.00	Lawns and Garden work
Lock/key replacement	$181.70	Lock/key replacement
Repairs: walls	$578.45	Repairs: walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,799.32
Total payable by Tenant to Landlord	$5,799.32

The landlord attended the hearing by phone call.

The tenant was telephoned on the phone numbers provided. One phone call was not answered. The other phone call was answered, and the Tribunal was advised the phone number was wrong. The landlord confirmed they have used the phone number to contact the tenant.

I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.

The landlord has applied for compensation and reimbursement of the filing fee following 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. 1

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably clean and tidy condition. Reasonably clean and tidy is not necessarily to the standard a landlord considers acceptable for a new tenant. 2 The landlord advised that the property was cleaned to a level that it was able to be re-tenanted.

The tenant did not return the keys.

The tenant did not mow the lawns at the end of the tenancy.

The amounts ordered are proved with invoices and post tenancy photographs.

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. 3

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 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 2 Ace Property Management Ltd v Owens DC Wellington CIV -2008-1441, 17 December 2008 3 See sections 40(2)(a), 41 and 49B RTA. four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). 4

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). 5 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 6

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. 7

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. 8

The following damage was caused during the tenancy: Three walls had holes and other walls had stickers and drawings that needed to be removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Several walls were damaged which would likely require more than one insurance claim to be made. The amount ordered does not exceed the amount of two insurance excesses of $500.

The amount ordered is proved with an invoice and post tenancy photographs.

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. The amount ordered is for patch repair only therefore no adjustment is made for betterment and depreciation. Previous order

On 15 January 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 17/1/25, the filing fee and payment of the bond. The previous order is incorporated into this order for enforcement purposes. 4 See section 49B(3)(a) RTA. 5 See section 49B(3)(b) RTA. 6 See section 49B(3A)(a) RTA. 7 See section 49B(1) RTA. 8 See Guo v Korck [2019] NZHC 1541. Filing fee

Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Suppression

The landlord confirmed that name suppression was not sought.

Claims and awards in Tenancy Tribunal application 5140508 — net $5,799.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5074289 dated 15/01/2025	$3,576.99	Previous order application 5074289 dated 15/01/2025
Cleaning	$550.00	Cleaning
Rubbish removal	$655.18	Rubbish removal
Lawns and Garden work	$230.00	Lawns and Garden work
Lock/key replacement	$181.70	Lock/key replacement
Repairs: walls	$578.45	Repairs: walls
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,799.32
Total payable by Tenant to Landlord	$5,799.32

Order

Arona Joseph must pay Riverlands Real Estate Limited As Agent For Aj Investments $5,799.32 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 15 January 2025 under application 5074289.

Reasons

The landlord attended the hearing by phone call.
The tenant was telephoned on the phone numbers provided. One phone call was not answered. The other phone call was answered, and the Tribunal was advised the phone number was wrong. The landlord confirmed they have used the phone number to contact the tenant.
I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for compensation and reimbursement of the filing fee following 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. 1
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably clean and tidy condition. Reasonably clean and tidy is not necessarily to the standard a landlord considers acceptable for a new tenant. 2 The landlord advised that the property was cleaned to a level that it was able to be re-tenanted.
The tenant did not return the keys.
The tenant did not mow the lawns at the end of the tenancy.
The amounts ordered are proved with invoices and post tenancy photographs.

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. 3
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 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 2 Ace Property Management Ltd v Owens DC Wellington CIV -2008-1441, 17 December 2008 3 See sections 40(2)(a), 41 and 49B RTA. four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). 4
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). 5 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 6
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. 7
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. 8
The following damage was caused during the tenancy: Three walls had holes and other walls had stickers and drawings that needed to be removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Several walls were damaged which would likely require more than one insurance claim to be made. The amount ordered does not exceed the amount of two insurance excesses of $500.
The amount ordered is proved with an invoice and post tenancy photographs.
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. The amount ordered is for patch repair only therefore no adjustment is made for betterment and depreciation. Previous order
On 15 January 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 17/1/25, the filing fee and payment of the bond. The previous order is incorporated into this order for enforcement purposes. 4 See section 49B(3)(a) RTA. 5 See section 49B(3)(b) RTA. 6 See section 49B(3A)(a) RTA. 7 See section 49B(1) RTA. 8 See Guo v Korck [2019] NZHC 1541. Filing fee
Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Suppression
The landlord confirmed that name suppression was not sought.

Tenancy Tribunal case 5140508 — Property damage at 25A Webb Street, Huntly, Huntly 3700

At a glance

Tenancy Tribunal case 5140508 — Property damage at 25A Webb Street, Huntly, Huntly 3700

At a glance

Award balance

Claims & awards

Order

Reasons

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

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