What was the outcome of Tenancy Tribunal case 5210131?

The tribunal order states: Pamela Rochelle Taylor must pay Bartley Real Estate Limited - As Agent For

How much money was awarded in case 5210131?

Cleaning: $480.70 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $385.00 awarded to landlord; Property Damage: $5,000.00 awarded to landlord; Windows And Latches: $433.46 awarded to landlord; Rubbish Removal: $123.75 awarded to landlord; Property Damage: $630.40 awarded to landlord

What type of tenancy dispute was case 5210131?

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

Where can I read the official tribunal order for case 5210131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11745729-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5210131?

The tribunal order states: Pamela Rochelle Taylor must pay Bartley Real Estate Limited - As Agent For

How much money was awarded in case 5210131?

Cleaning: $480.70 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $385.00 awarded to landlord; Property Damage: $5,000.00 awarded to landlord; Windows And Latches: $433.46 awarded to landlord; Rubbish Removal: $123.75 awarded to landlord; Property Damage: $630.40 awarded to landlord

What type of tenancy dispute was case 5210131?

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

Where can I read the official tribunal order for case 5210131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11745729-Tenancy_Tribunal_Order.pdf.

90A Hinau Street, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 5210131 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5210131 — net $7,080.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$480.70	Cleaning
Repairs: insurance excesses	$5,000.00	Repairs: insurance excesses
Repairs: windows and latches	$433.46	Repairs: windows and latches
Window repairs: glass	$630.40	Window repairs: glass
Lock/key replacement	$385.00	Lock/key replacement
Rubbish removal	$123.75	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,080.31
Total payable by Tenant to Landlord	$7,080.31

Pamela Rochelle Taylor must pay Bartley Real Estate Limited - As Agent For Robyn Barnaby $7,080.31 immediately, calculated as shown in the table below. DescriptionLandlord Cleaning$480.70 Repairs: insurance excesses$5,000.00 Repairs: windows and latches$433.46 Window repairs: glass$630.40 Lock/key replacement$385.00 Rubbish removal$123.75 Filing fee reimbursement$27.00 Total award$7,080.31 Total payable by Tenant to Landlord$7,080.31

Reasons

The landlord attended the hearing.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

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 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 photographic evidence that the following damage was caused during the tenancy: a. There were numerous holes in walls and doors throughout the property. Some had been patched but not repaired to an acceptable tradespersonlike standard. From the number and nature of the damage, it was intentional. b. A cupboard door had been removed by the tenant from the laundry cabinet and required repair. This was intentional damage. c. Vinyl in the kitchen had been ripped and torn in several places. The damage was careless. d. The glass in a ranch slider and a window were broken and required replacement. The ranch slider itself was damaged. From its nature this damage was intentional. e. A window had been forced open breaking hinges and latches. This damage was intentional.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord has claimed the nine insurance excesses for the wall and door damage and one insurance excess for the vinyl damage. While the damage to the walls and doors was intentional, the amount claimed is limited to the maximum of the tenant’s liability for careless damage.

The amounts ordered are proved.

Because Bartley Real Estate Limited - As Agent For Robyn Barnaby has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5210131 — net $7,080.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$480.70	Cleaning
Repairs: insurance excesses	$5,000.00	Repairs: insurance excesses
Repairs: windows and latches	$433.46	Repairs: windows and latches
Window repairs: glass	$630.40	Window repairs: glass
Lock/key replacement	$385.00	Lock/key replacement
Rubbish removal	$123.75	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,080.31
Total payable by Tenant to Landlord	$7,080.31

Order

Pamela Rochelle Taylor must pay Bartley Real Estate Limited - As Agent For Robyn Barnaby $7,080.31 immediately, calculated as shown in the table below. DescriptionLandlord Cleaning$480.70 Repairs: insurance excesses$5,000.00 Repairs: windows and latches$433.46 Window repairs: glass$630.40 Lock/key replacement$385.00 Rubbish removal$123.75 Filing fee reimbursement$27.00 Total award$7,080.31 Total payable by Tenant to Landlord$7,080.31

Reasons

The landlord attended the hearing.
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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
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 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 photographic evidence that the following damage was caused during the tenancy: a. There were numerous holes in walls and doors throughout the property. Some had been patched but not repaired to an acceptable tradespersonlike standard. From the number and nature of the damage, it was intentional. b. A cupboard door had been removed by the tenant from the laundry cabinet and required repair. This was intentional damage. c. Vinyl in the kitchen had been ripped and torn in several places. The damage was careless. d. The glass in a ranch slider and a window were broken and required replacement. The ranch slider itself was damaged. From its nature this damage was intentional. e. A window had been forced open breaking hinges and latches. This damage was intentional.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has claimed the nine insurance excesses for the wall and door damage and one insurance excess for the vinyl damage. While the damage to the walls and doors was intentional, the amount claimed is limited to the maximum of the tenant’s liability for careless damage.
The amounts ordered are proved.
Because Bartley Real Estate Limited - As Agent For Robyn Barnaby has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5210131 — Property damage at 90A Hinau Street, Castlecliff, Whanganui 4501

At a glance

Tenancy Tribunal case 5210131 — Property damage at 90A Hinau Street, Castlecliff, Whanganui 4501

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