What was the outcome of Tenancy Tribunal case 5190934?

The tribunal order states: Michigan Hoyes must pay Property Brokers Limited as agent for A & G Carmont

How much money was awarded in case 5190934?

Cleaning: $940.63 awarded to landlord; Curtain Washing: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $181.70 awarded to landlord; Walls and Doors: $570.95 awarded to landlord

What type of tenancy dispute was case 5190934?

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

Where can I read the official tribunal order for case 5190934?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11895237-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5190934?

The tribunal order states: Michigan Hoyes must pay Property Brokers Limited as agent for A & G Carmont

How much money was awarded in case 5190934?

Cleaning: $940.63 awarded to landlord; Curtain Washing: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $181.70 awarded to landlord; Walls and Doors: $570.95 awarded to landlord

What type of tenancy dispute was case 5190934?

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

Where can I read the official tribunal order for case 5190934?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11895237-Tenancy_Tribunal_Order.pdf.

9 Seath Avenue, Taumarunui, Taumarunui 3920 Tenancy Tribunal Case 5190934 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5190934 — net $550.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Walls and doors	$570.95	Repairs: Walls and doors
Cleaning (including general cleaning, carpet cleaning and net curtains	$940.63	Cleaning (including general cleaning, carpet cleaning and net curtains
Lock replacement	$181.70	Lock replacement
Curtain washing	$230.00	Curtain washing
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$550.28
Total payable by Tenant to Landlord	$550.28

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 844.

I am satisfied that service has been adequately affected and the hearing proceeded without the tenant. See section 91B(2) and 92 of the Residential Tenancies Act 1986 (RTA).

The landlord has applied for compensation, refund of the bond, 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. See section 40(1)(e)(ii)-(v) RTA.

The landlord claims that the tenant did not leave the premises reasonably clean and tidy. Photographs have been provided in support of this claim. The landlord says that in particular, the carpet and curtains required washing/cleaning, together with cleaning throughout the property (including skirtings, windowsills, cupboards and benchtops). An invoice has been provided for $940.63, noting that this includes the general cleaning, carpet cleaning and washing of the net curtains. A further invoice has also been provided for washing the main curtains of $230.00.

The tenant did not return the keys for the back door. A replacement key was unable to be cut for this, and a new deadbolt had to be supplied and fitted at the invoiced cost of $181.70.

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 says that during the tenancy several small holes were created in the walls and doors throughout the property. The landlord was required to repair these at the invoiced cost of $570.95. Photographs of the walls have been provided in support of this claim.

The following damage was caused during the tenancy: Holes in the walls and doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Property Brokers Limited as agent for A & G Carmont has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 26 May 2025

Claims and awards in Tenancy Tribunal application 5190934 — net $550.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Walls and doors	$570.95	Repairs: Walls and doors
Cleaning (including general cleaning, carpet cleaning and net curtains	$940.63	Cleaning (including general cleaning, carpet cleaning and net curtains
Lock replacement	$181.70	Lock replacement
Curtain washing	$230.00	Curtain washing
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$550.28
Total payable by Tenant to Landlord	$550.28

Order

Michigan Hoyes must pay Property Brokers Limited as agent for A & G Carmont $550.28 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $1,400.00 (6403508-023) to Property Brokers Limited as agent for A & G Carmont immediately.

Reasons

The landlord attended the hearing. The tenant did not attend and did not respond when telephoned on the number ending in 844.
I am satisfied that service has been adequately affected and the hearing proceeded without the tenant. See section 91B(2) and 92 of the Residential Tenancies Act 1986 (RTA).
The landlord has applied for compensation, refund of the bond, 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. See section 40(1)(e)(ii)-(v) RTA.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy. Photographs have been provided in support of this claim. The landlord says that in particular, the carpet and curtains required washing/cleaning, together with cleaning throughout the property (including skirtings, windowsills, cupboards and benchtops). An invoice has been provided for $940.63, noting that this includes the general cleaning, carpet cleaning and washing of the net curtains. A further invoice has also been provided for washing the main curtains of $230.00.
The tenant did not return the keys for the back door. A replacement key was unable to be cut for this, and a new deadbolt had to be supplied and fitted at the invoiced cost of $181.70.
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 says that during the tenancy several small holes were created in the walls and doors throughout the property. The landlord was required to repair these at the invoiced cost of $570.95. Photographs of the walls have been provided in support of this claim.
The following damage was caused during the tenancy: Holes in the walls and doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Property Brokers Limited as agent for A & G Carmont has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 26 May 2025

Tenancy Tribunal case 5190934 — Cleanliness at 9 Seath Avenue, Taumarunui, Taumarunui 3920

At a glance

Tenancy Tribunal case 5190934 — Cleanliness at 9 Seath Avenue, Taumarunui, Taumarunui 3920

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