What was the outcome of Tenancy Tribunal case 5235951?

The tribunal order states: Alisha Mischefski and Sidney Sutherland must pay Watson Real Estate Limited

How much money was awarded in case 5235951?

Cleaning: $701.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $533.00 awarded to landlord; Moving Tenants Goods From House To G…: $74.75 awarded to landlord; Property Damage: $324.00 awarded to landlord; Rent Arrears: $3,692.85 awarded to landlord; Laundry blinds, safety rail, curtain…: $405.38 awarded to landlord; Rubbish Removal: $456.37 awarded to landlord; Skip Bin: $432.00 awarded to landlord

What type of tenancy dispute was case 5235951?

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

Where can I read the official tribunal order for case 5235951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12054642-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5235951?

The tribunal order states: Alisha Mischefski and Sidney Sutherland must pay Watson Real Estate Limited

How much money was awarded in case 5235951?

Cleaning: $701.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $533.00 awarded to landlord; Moving Tenants Goods From House To G…: $74.75 awarded to landlord; Property Damage: $324.00 awarded to landlord; Rent Arrears: $3,692.85 awarded to landlord; Laundry blinds, safety rail, curtain…: $405.38 awarded to landlord; Rubbish Removal: $456.37 awarded to landlord; Skip Bin: $432.00 awarded to landlord

What type of tenancy dispute was case 5235951?

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

Where can I read the official tribunal order for case 5235951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12054642-Tenancy_Tribunal_Order.pdf.

3 Forth Terrace, Roslyn, Palmerston North 4414 Tenancy Tribunal Case 5235951 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5235951 — net $6,646.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 May 2025	$3,692.85	Rent arrears to 21 May 2025
Skip bin	$432.00	Skip bin
Moving Tenants goods from house to garage	$74.75	Moving Tenants goods from house to garage
Cleaning	$701.50	Cleaning
Lock replacement	$324.00	Lock replacement
Lawns and Garden work	$533.00	Lawns and Garden work
Repairs: Laundry blinds, safety rail, curtain, removal timber fence	$405.38	Repairs: Laundry blinds, safety rail, curtain, removal timber fence
Rubbish removal: Wood waste etc	$456.37	Rubbish removal: Wood waste etc
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,646.85
Total payable by Tenant to Landlord	$6,646.85

The Landlord attended the hearing by video. The Tenant did not attend or answer telephone calls made by the Tribunal on the phone number provided.

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 arrears?

The tenancy ended on 21 May 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy being $3692.85.

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 bathroom, kitchen and surfaces required cleaning and removal of appliances. There were fly faeces on the ceiling. The Tenant left a lot of their belongings in the property which needed to be stored in the garage when she left. The property then required cleaning and locks changed. The Tenant had a swimming pool and tarpaulin spread across the backyard which damaged the grass. The lawns were overgrown and there were cigarette butts left behind. There were piles of wood, wood pallets, wooden windows, an old fridge and fencing material which needed removal. Invoices and photographs of the ingoing and outgoing inspection reports were provided.

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 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 following damage was caused during the tenancy: Damage to the laundry blinds, safety rail, front bedroom curtains, barbeque and hole in the bedroom door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord has claimed for carpet damage which equates to a total of $2,500.00 for the insurance excess for carpet replacement. The Landlord sought advice from a professional carpet installer who advised the carpet required full replacement rather than cleaning as the stains were extensive. The Landlord claims the carpet was approximately 8 years old. Carpet generally has a lifespan of 8-25 years.

The Landlord has not provided any independent advice from a carpet cleaning specialist to verify that the stains could not be removed by cleaning. They submitted the carpet installer advised them there would be no use attempting a clean. For this reason, I have refused the claim for carpet replacement.

As Watson Real Estate Limited As Agent For Steve & Vanja Pavamo has been substantially successful with the claim the Tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5235951 — net $6,646.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 May 2025	$3,692.85	Rent arrears to 21 May 2025
Skip bin	$432.00	Skip bin
Moving Tenants goods from house to garage	$74.75	Moving Tenants goods from house to garage
Cleaning	$701.50	Cleaning
Lock replacement	$324.00	Lock replacement
Lawns and Garden work	$533.00	Lawns and Garden work
Repairs: Laundry blinds, safety rail, curtain, removal timber fence	$405.38	Repairs: Laundry blinds, safety rail, curtain, removal timber fence
Rubbish removal: Wood waste etc	$456.37	Rubbish removal: Wood waste etc
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,646.85
Total payable by Tenant to Landlord	$6,646.85

Order

Alisha Mischefski and Sidney Sutherland must pay Watson Real Estate Limited As Agent For Steve & Vanja Pavamo $6,646.85 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by video. The Tenant did not attend or answer telephone calls made by the Tribunal on the phone number provided.
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 arrears?

The tenancy ended on 21 May 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy being $3692.85.

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 bathroom, kitchen and surfaces required cleaning and removal of appliances. There were fly faeces on the ceiling. The Tenant left a lot of their belongings in the property which needed to be stored in the garage when she left. The property then required cleaning and locks changed. The Tenant had a swimming pool and tarpaulin spread across the backyard which damaged the grass. The lawns were overgrown and there were cigarette butts left behind. There were piles of wood, wood pallets, wooden windows, an old fridge and fencing material which needed removal. Invoices and photographs of the ingoing and outgoing inspection reports were provided.
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 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 following damage was caused during the tenancy: Damage to the laundry blinds, safety rail, front bedroom curtains, barbeque and hole in the bedroom door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord has claimed for carpet damage which equates to a total of $2,500.00 for the insurance excess for carpet replacement. The Landlord sought advice from a professional carpet installer who advised the carpet required full replacement rather than cleaning as the stains were extensive. The Landlord claims the carpet was approximately 8 years old. Carpet generally has a lifespan of 8-25 years.
The Landlord has not provided any independent advice from a carpet cleaning specialist to verify that the stains could not be removed by cleaning. They submitted the carpet installer advised them there would be no use attempting a clean. For this reason, I have refused the claim for carpet replacement.
As Watson Real Estate Limited As Agent For Steve & Vanja Pavamo has been substantially successful with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 5235951 — Rent arrears at 3 Forth Terrace, Roslyn, Palmerston North 4414

At a glance

Tenancy Tribunal case 5235951 — Rent arrears at 3 Forth Terrace, Roslyn, Palmerston North 4414

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

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 arrears?

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