What was the outcome of Tenancy Tribunal case 5165811?

The tribunal order states: Nicole Snyman and Hercules Albertus Snyman to pay Unique Realty Limited

How much money was awarded in case 5165811?

Cleaning: $283.50 awarded to landlord; Cleaning: $297.15 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,770.00 awarded to landlord; Window Reglazing: $502.55 awarded to landlord

What type of tenancy dispute was case 5165811?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5165811?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11690604-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5165811?

The tribunal order states: Nicole Snyman and Hercules Albertus Snyman to pay Unique Realty Limited

How much money was awarded in case 5165811?

Cleaning: $283.50 awarded to landlord; Cleaning: $297.15 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,770.00 awarded to landlord; Window Reglazing: $502.55 awarded to landlord

What type of tenancy dispute was case 5165811?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5165811?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11690604-Tenancy_Tribunal_Order.pdf.

70 Parnell Heights Drive, Kelvin Grove, Palmerston North Tenancy Tribunal Case 5165811 — Rent arrears

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70 Parnell Heights Drive, Kelvin Grove, Palmerston North Tenancy Tribunal Case 5165811 — 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 5165811. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 January 2025	$2,770.00	Rent arrears to 21 January 2025
General cleaning (interior and exterior; lawns	$297.15	General cleaning (interior and exterior; lawns
Carpet clean	$283.50	Carpet clean
Window reglazing	$502.55	Window reglazing
Application filing fee	$27.00	Application filing fee

Claims and awards for application 5165811. Verify on MoJ.

Rent arrears to 21 January 2025

Amount: $2,770.00
Awarded to: Landlord
Reason: Rent arrears to 21 January 2025

General cleaning (interior and exterior; lawns

Amount: $297.15
Awarded to: Landlord
Reason: General cleaning (interior and exterior; lawns

Carpet clean

Amount: $283.50
Awarded to: Landlord
Reason: Carpet clean

Window reglazing

Amount: $502.55
Awarded to: Landlord
Reason: Window reglazing

Application filing fee

Amount: $27.00
Awarded to: Landlord
Reason: Application filing fee

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears

Order

Nicole Snyman and Hercules Albertus Snyman to pay Unique Realty Limited $2,530.00 immediately, calculated as follows: DescriptionLandlord Rent arrears to 21 January 2025$2,770.00 General cleaning (interior and exterior; lawns)$297.15 Carpet clean$283.50 Window reglazing$502.55 Application filing fee$27.00 Total award$3,880.20 Minus Bond$1,350.00 Tenant to pay$2,530.20
Bond Centre to pay the full bond ($1,350.00) to Unique Realty Limited immediately.

Reasons

The Landlord attended the hearing.
The Landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenants vacated the premises on 23 January 2025. The Landlord provided rent records which prove the amount owing at the end of the tenancy, and provision is made for rent in lieu of notice: $2,770.00

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The carpets were new prior to the tenancy. The tenancy lasted for a year. At the end of the tenancy the carpets were stained and soiled, with evidence signs of a dog living inside the premises. The Landlord had the carpet commercially carpet cleaned. I award the amount of $283.50.
The premises required interior cleaning and lawn maintenance (two cleaners, seven hours). The toilets were terribly stained and there were marks through the home on wall and floor surfaces. The total amount claimed is $297.15 which is reasonable. I award this amount.

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.
A window was broken during the tenancy. The Landlord noticed it was broken and had been taped at the end of the tenancy, but it was not broken at a prior, routine inspection. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I award the reglazing costs of $502.55.
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.
Because Unique Realty Limited 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 5165811. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 January 2025	$2,770.00	Rent arrears to 21 January 2025
General cleaning (interior and exterior; lawns	$297.15	General cleaning (interior and exterior; lawns
Carpet clean	$283.50	Carpet clean
Window reglazing	$502.55	Window reglazing
Application filing fee	$27.00	Application filing fee

Claims and awards for application 5165811. Verify on MoJ.

Rent arrears to 21 January 2025

Amount: $2,770.00
Awarded to: Landlord
Reason: Rent arrears to 21 January 2025

General cleaning (interior and exterior; lawns

Amount: $297.15
Awarded to: Landlord
Reason: General cleaning (interior and exterior; lawns

Carpet clean

Amount: $283.50
Awarded to: Landlord
Reason: Carpet clean

Window reglazing

Amount: $502.55
Awarded to: Landlord
Reason: Window reglazing

Application filing fee

Amount: $27.00
Awarded to: Landlord
Reason: Application filing fee

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears

Order

Nicole Snyman and Hercules Albertus Snyman to pay Unique Realty Limited $2,530.00 immediately, calculated as follows: DescriptionLandlord Rent arrears to 21 January 2025$2,770.00 General cleaning (interior and exterior; lawns)$297.15 Carpet clean$283.50 Window reglazing$502.55 Application filing fee$27.00 Total award$3,880.20 Minus Bond$1,350.00 Tenant to pay$2,530.20
Bond Centre to pay the full bond ($1,350.00) to Unique Realty Limited immediately.

Reasons

The Landlord attended the hearing.
The Landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenants vacated the premises on 23 January 2025. The Landlord provided rent records which prove the amount owing at the end of the tenancy, and provision is made for rent in lieu of notice: $2,770.00

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The carpets were new prior to the tenancy. The tenancy lasted for a year. At the end of the tenancy the carpets were stained and soiled, with evidence signs of a dog living inside the premises. The Landlord had the carpet commercially carpet cleaned. I award the amount of $283.50.
The premises required interior cleaning and lawn maintenance (two cleaners, seven hours). The toilets were terribly stained and there were marks through the home on wall and floor surfaces. The total amount claimed is $297.15 which is reasonable. I award this amount.

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.
A window was broken during the tenancy. The Landlord noticed it was broken and had been taped at the end of the tenancy, but it was not broken at a prior, routine inspection. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I award the reglazing costs of $502.55.
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.
Because Unique Realty Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5165811 — Rent arrears at 70 Parnell Heights Drive, Kelvin Grove, Palmerston North

At a glance

Tenancy Tribunal case 5165811 — Rent arrears at 70 Parnell Heights Drive, Kelvin Grove, Palmerston North

At a glance

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

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