What was the outcome of Tenancy Tribunal case 5158851?

The tribunal order states: Jamie Bagnall and Sacha Lagah must pay Peter Ranchhod $7,444.51

How much money was awarded in case 5158851?

Filing Fee: $27.00 awarded to landlord; Property Damage: $35.00 awarded to landlord; Rent Arrears: $6,710.00 awarded to landlord; Glass: $350.45 awarded to landlord; Paint: $152.61 awarded to landlord; Replace Furnishings: Curtain: $36.00 awarded to landlord; Rubbish Removal: $133.45 awarded to landlord

What type of tenancy dispute was case 5158851?

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

Where can I read the official tribunal order for case 5158851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11488401-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5158851?

The tribunal order states: Jamie Bagnall and Sacha Lagah must pay Peter Ranchhod $7,444.51

How much money was awarded in case 5158851?

Filing Fee: $27.00 awarded to landlord; Property Damage: $35.00 awarded to landlord; Rent Arrears: $6,710.00 awarded to landlord; Glass: $350.45 awarded to landlord; Paint: $152.61 awarded to landlord; Replace Furnishings: Curtain: $36.00 awarded to landlord; Rubbish Removal: $133.45 awarded to landlord

What type of tenancy dispute was case 5158851?

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

Where can I read the official tribunal order for case 5158851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11488401-Tenancy_Tribunal_Order.pdf.

8A Montrose Place, Takaro, Palmerston North 4412 Tenancy Tribunal Case 5158851 — Rent arrears

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8A Montrose Place, Takaro, Palmerston North 4412 Tenancy Tribunal Case 5158851 — 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 5158851 — net $7,444.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,710.00	Rent arrears
Lock/key replacement	$35.00	Lock/key replacement
Rubbish removal	$133.45	Rubbish removal
Repairs: glass	$350.45	Repairs: glass
Repairs: paint	$152.61	Repairs: paint
Replace furnishings: curtain	$36.00	Replace furnishings: curtain
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,444.51
Total payable by Tenant to Landlord	$7,444.51

Claims and awards for application 5158851 — net $7,444.51 NZD. Verify on MoJ.

Rent arrears

Amount: $6,710.00
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $35.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $133.45
Awarded to: Landlord
Reason: Rubbish removal

Repairs: glass

Amount: $350.45
Awarded to: Landlord
Reason: Repairs: glass

Repairs: paint

Amount: $152.61
Awarded to: Landlord
Reason: Repairs: paint

Replace furnishings: curtain

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Jamie Bagnall and Sacha Lagah must pay Peter Ranchhod $7,444.51 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 31 December 2024. Although the tenant did not give 28 days’ notice, the landlord is seeking just two weeks’ rent in lieu of notice. The landlord provided rent records which prove the amount owing at the end of the tenancy was $6,710.

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 landlord said that the tenant had left mattresses, electrical goods, polystyrene, a headboard and some black bags full of rubbish. It would have been preferable for the landlord to provide photographs of the premises at the start and end of the tenancy, but in the absence of any evidence to the contrary from the tenant, I find it more likely than not that the premises were left in the way described by the landlord. He provided receipts for $124.00 for dump fees and $9.45 for polystyrene recycling.
The tenant did not return the back door key. The landlord provided a receipt for $35.00 for a key and cylinder.
A net curtain was missing at the end of the tenancy. The landlord provided a receipt from Spotlight for $36.00.
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.
The landlord provided photographs showing paint missing and square hole cut out of the gib on one wall. He sought reimbursement for paint and tape totalling $152.61. He said that he had painted the walls 2 ½ years ago at the start of the tenancy.
The landlord provided an invoice from Hughes Glass for $350.45 for replacement glass of an internal glass sliding door. He provided a photo showing that the glass had been removed and replaced with Perspex or clear plastic.
The landlord is reminded to provide photographs of the tenancy at the start of the tenancy so that comparisons can be made.
Again, in the absence of evidence to the contrary from the tenant, I find that the landlord has proved his case on the balance of probabilities and the amounts ordered are proved.
Because Peter Ranchhod has wholly succeeded with the claim I must reimburse 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 5158851 — net $7,444.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$6,710.00	Rent arrears
Lock/key replacement	$35.00	Lock/key replacement
Rubbish removal	$133.45	Rubbish removal
Repairs: glass	$350.45	Repairs: glass
Repairs: paint	$152.61	Repairs: paint
Replace furnishings: curtain	$36.00	Replace furnishings: curtain
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,444.51
Total payable by Tenant to Landlord	$7,444.51

Claims and awards for application 5158851 — net $7,444.51 NZD. Verify on MoJ.

Rent arrears

Amount: $6,710.00
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $35.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $133.45
Awarded to: Landlord
Reason: Rubbish removal

Repairs: glass

Amount: $350.45
Awarded to: Landlord
Reason: Repairs: glass

Repairs: paint

Amount: $152.61
Awarded to: Landlord
Reason: Repairs: paint

Replace furnishings: curtain

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Jamie Bagnall and Sacha Lagah must pay Peter Ranchhod $7,444.51 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 31 December 2024. Although the tenant did not give 28 days’ notice, the landlord is seeking just two weeks’ rent in lieu of notice. The landlord provided rent records which prove the amount owing at the end of the tenancy was $6,710.

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 landlord said that the tenant had left mattresses, electrical goods, polystyrene, a headboard and some black bags full of rubbish. It would have been preferable for the landlord to provide photographs of the premises at the start and end of the tenancy, but in the absence of any evidence to the contrary from the tenant, I find it more likely than not that the premises were left in the way described by the landlord. He provided receipts for $124.00 for dump fees and $9.45 for polystyrene recycling.
The tenant did not return the back door key. The landlord provided a receipt for $35.00 for a key and cylinder.
A net curtain was missing at the end of the tenancy. The landlord provided a receipt from Spotlight for $36.00.
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.
The landlord provided photographs showing paint missing and square hole cut out of the gib on one wall. He sought reimbursement for paint and tape totalling $152.61. He said that he had painted the walls 2 ½ years ago at the start of the tenancy.
The landlord provided an invoice from Hughes Glass for $350.45 for replacement glass of an internal glass sliding door. He provided a photo showing that the glass had been removed and replaced with Perspex or clear plastic.
The landlord is reminded to provide photographs of the tenancy at the start of the tenancy so that comparisons can be made.
Again, in the absence of evidence to the contrary from the tenant, I find that the landlord has proved his case on the balance of probabilities and the amounts ordered are proved.
Because Peter Ranchhod has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5158851 — Rent arrears at 8A Montrose Place, Takaro, Palmerston North 4412

At a glance

Tenancy Tribunal case 5158851 — Rent arrears at 8A Montrose Place, Takaro, Palmerston North 4412

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

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

Frequently asked questions