What was the outcome of Tenancy Tribunal case 5178192?

The tribunal order states: Lamphoi Josiah to pay Irentproperty Limited As Agent For Lynnelle Temm

How much money was awarded in case 5178192?

Cleaning: $92.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $275.49 awarded to landlord; Rent Arrears: $767.86 awarded to landlord; Security System: $300.00 awarded to landlord

What type of tenancy dispute was case 5178192?

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

Where can I read the official tribunal order for case 5178192?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11873992-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5178192?

The tribunal order states: Lamphoi Josiah to pay Irentproperty Limited As Agent For Lynnelle Temm

How much money was awarded in case 5178192?

Cleaning: $92.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $275.49 awarded to landlord; Rent Arrears: $767.86 awarded to landlord; Security System: $300.00 awarded to landlord

What type of tenancy dispute was case 5178192?

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

Where can I read the official tribunal order for case 5178192?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11873992-Tenancy_Tribunal_Order.pdf.

5 Waiwhero Street, Mangakakahi, Rotorua 3015 Tenancy Tribunal Case 5178192 — Rent arrears

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5 Waiwhero Street, Mangakakahi, Rotorua 3015 Tenancy Tribunal Case 5178192 — 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 5178192 — net $1,462.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$767.86	Rent arrears
Repairs	$275.49	Repairs
Cleaning	$92.00	Cleaning
Security system	$300.00	Security system
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,462.35
Bond	$4,300.00
Total payable by Tenant to Landlord	$1,462.35

Claims and awards for application 5178192 — net $1,462.35 NZD. Verify on MoJ.

Rent arrears

Amount: $767.86
Awarded to: Landlord
Reason: Rent arrears

Repairs

Amount: $275.49
Awarded to: Landlord
Reason: Repairs

Cleaning

Amount: $92.00
Awarded to: Landlord
Reason: Cleaning

Security system

Amount: $300.00
Awarded to: Landlord
Reason: Security system

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Lamphoi Josiah to pay Irentproperty Limited As Agent For Lynnelle Temm $1,462.35 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,300.00 (6405392-006) immediately apportioned as follows: Irentproperty Limited As Agent For Lynnelle Temm: $1,462.35 Lamphoi Josiah: $2,837.65

Reasons

Both parties attended the video 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 tenancy ended on 30 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $767.86. The tenant agreed that this was correct.

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 and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the upstairs bathroom reasonably clean and tidy. The landlord provided photos and an invoice for $92.00 in support of the claim. The tenant did not dispute the amount claimed.
Parts of a “Eufy” security system were missing at the end of the tenancy. The system included a central control box and 5 outdoor cameras. The landlord said that inspection photos from multiple inspections during the course of the tenancy showed that the control box and all cameras were present. At the end of the tenancy, the control box and a camera was missing. The landlord said that the system was two years old.
The tenant said that they had never seen the control box, nor any of the security cameras. The tenant suggested that the items may have been removed by a contractor or on occasions when the owner had entered the premises without prior consent and left the premises in an unsecured state. In this matter I prefer the evidence of the landlord as being more credible.
The landlord’s claim is for the replacement cost of $528.99. I have taken depreciation into account in setting the compensation amount at $300.00. 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.
The amounts ordered are proven.

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 drain to a free standing bath was damaged during the tenancy. The landlord provided evidence from a plumbing contractor. The plumbing contractor said that in his opinion the damage had been caused by somebody sitting on the edge of the free standing bath causing it to tip and for the waste pipe to be disconnected as a result. The tenant said that the bath had not been used during the course of the tenancy while she had been present. The repair cost was $275.49. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
As Irentproperty Limited As Agent For Lynnelle Temm has substantially succeeded with the claim I have ordered the tenant to 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 5178192 — net $1,462.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$767.86	Rent arrears
Repairs	$275.49	Repairs
Cleaning	$92.00	Cleaning
Security system	$300.00	Security system
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,462.35
Bond	$4,300.00
Total payable by Tenant to Landlord	$1,462.35

Claims and awards for application 5178192 — net $1,462.35 NZD. Verify on MoJ.

Rent arrears

Amount: $767.86
Awarded to: Landlord
Reason: Rent arrears

Repairs

Amount: $275.49
Awarded to: Landlord
Reason: Repairs

Cleaning

Amount: $92.00
Awarded to: Landlord
Reason: Cleaning

Security system

Amount: $300.00
Awarded to: Landlord
Reason: Security system

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Lamphoi Josiah to pay Irentproperty Limited As Agent For Lynnelle Temm $1,462.35 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,300.00 (6405392-006) immediately apportioned as follows: Irentproperty Limited As Agent For Lynnelle Temm: $1,462.35 Lamphoi Josiah: $2,837.65

Reasons

Both parties attended the video 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 tenancy ended on 30 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $767.86. The tenant agreed that this was correct.

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 and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the upstairs bathroom reasonably clean and tidy. The landlord provided photos and an invoice for $92.00 in support of the claim. The tenant did not dispute the amount claimed.
Parts of a “Eufy” security system were missing at the end of the tenancy. The system included a central control box and 5 outdoor cameras. The landlord said that inspection photos from multiple inspections during the course of the tenancy showed that the control box and all cameras were present. At the end of the tenancy, the control box and a camera was missing. The landlord said that the system was two years old.
The tenant said that they had never seen the control box, nor any of the security cameras. The tenant suggested that the items may have been removed by a contractor or on occasions when the owner had entered the premises without prior consent and left the premises in an unsecured state. In this matter I prefer the evidence of the landlord as being more credible.
The landlord’s claim is for the replacement cost of $528.99. I have taken depreciation into account in setting the compensation amount at $300.00. 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.
The amounts ordered are proven.

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 drain to a free standing bath was damaged during the tenancy. The landlord provided evidence from a plumbing contractor. The plumbing contractor said that in his opinion the damage had been caused by somebody sitting on the edge of the free standing bath causing it to tip and for the waste pipe to be disconnected as a result. The tenant said that the bath had not been used during the course of the tenancy while she had been present. The repair cost was $275.49. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proven.
As Irentproperty Limited As Agent For Lynnelle Temm has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 5178192 — Rent arrears at 5 Waiwhero Street, Mangakakahi, Rotorua 3015

At a glance

Tenancy Tribunal case 5178192 — Rent arrears at 5 Waiwhero Street, Mangakakahi, Rotorua 3015

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

Property management

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

Property management

Frequently asked questions