What was the outcome of Tenancy Tribunal case 5373601?

The tribunal order states: Kitana Matapelu must pay Charlotte Elizabeth Maclean and Alasdair Maclean

How much money was awarded in case 5373601?

Filing Fee: $28.00 awarded to landlord; Property Damage: $976.30 awarded to landlord; Property Damage: $2,475.00 awarded to landlord; Walls and Doors: $600.00 awarded to landlord; Rubbish Removal: $579.00 awarded to landlord

What type of tenancy dispute was case 5373601?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5373601?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13022973-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5373601?

The tribunal order states: Kitana Matapelu must pay Charlotte Elizabeth Maclean and Alasdair Maclean

How much money was awarded in case 5373601?

Filing Fee: $28.00 awarded to landlord; Property Damage: $976.30 awarded to landlord; Property Damage: $2,475.00 awarded to landlord; Walls and Doors: $600.00 awarded to landlord; Rubbish Removal: $579.00 awarded to landlord

What type of tenancy dispute was case 5373601?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5373601?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13022973-Tenancy_Tribunal_Order.pdf.

83 Kawiu Road, Levin, Levin 5510 Tenancy Tribunal Case 5373601 — Property damage

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83 Kawiu Road, Levin, Levin 5510 Tenancy Tribunal Case 5373601 — Property damage | 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 5373601 — net $2,738.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$579.00	Rubbish removal
Window repairs	$976.30	Window repairs
Repairs: Holes in wall and doors	$600.00	Repairs: Holes in wall and doors
Repairs: Damaged Woodfire	$2,475.00	Repairs: Damaged Woodfire
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,738.30
Total payable by Tenant to Landlord	$2,738.30

Claims and awards for application 5373601 — net $2,738.30 NZD. Verify on MoJ.

Rubbish removal

Amount: $579.00
Awarded to: Landlord
Reason: Rubbish removal

Window repairs

Amount: $976.30
Awarded to: Landlord
Reason: Window repairs

Repairs: Holes in wall and doors

Amount: $600.00
Awarded to: Landlord
Reason: Repairs: Holes in wall and doors

Repairs: Damaged Woodfire

Amount: $2,475.00
Awarded to: Landlord
Reason: Repairs: Damaged Woodfire

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

Kitana Matapelu must pay Charlotte Elizabeth Maclean and Alasdair Maclean $2,738.30 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,920.00 (BN-00134615) to Charlotte Elizabeth Maclean and Alasdair Maclean immediately.

Reasons

The landlord attended the telephone hearing. The Tribunal telephoned the tenant on the cell phone number provided for her in the application but the calls diverted to voice mail. I am satisfied that the tenant received notice of the hearing and did not attend.
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) Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy by failing to remove all rubbish and belongings as shown in the photos produced in evidence.
The amount ordered is 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.
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: The interior of the woodfire box and some of the piping connected to the flue were removed, causing the flu to drop down. Replacement of the interior of the firebox and the flue were required; There were holes/damage in the kitchen wall and in the doors of an upstairs bedroom and the front and back doors; two aluminium windows were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was likely intentional.
The amounts ordered are proved.
As the landlord has succeeded with their claims, they are entitled to reimbursement of 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 5373601 — net $2,738.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$579.00	Rubbish removal
Window repairs	$976.30	Window repairs
Repairs: Holes in wall and doors	$600.00	Repairs: Holes in wall and doors
Repairs: Damaged Woodfire	$2,475.00	Repairs: Damaged Woodfire
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,738.30
Total payable by Tenant to Landlord	$2,738.30

Claims and awards for application 5373601 — net $2,738.30 NZD. Verify on MoJ.

Rubbish removal

Amount: $579.00
Awarded to: Landlord
Reason: Rubbish removal

Window repairs

Amount: $976.30
Awarded to: Landlord
Reason: Window repairs

Repairs: Holes in wall and doors

Amount: $600.00
Awarded to: Landlord
Reason: Repairs: Holes in wall and doors

Repairs: Damaged Woodfire

Amount: $2,475.00
Awarded to: Landlord
Reason: Repairs: Damaged Woodfire

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Property damage Rubbish Removal

Order

Kitana Matapelu must pay Charlotte Elizabeth Maclean and Alasdair Maclean $2,738.30 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,920.00 (BN-00134615) to Charlotte Elizabeth Maclean and Alasdair Maclean immediately.

Reasons

The landlord attended the telephone hearing. The Tribunal telephoned the tenant on the cell phone number provided for her in the application but the calls diverted to voice mail. I am satisfied that the tenant received notice of the hearing and did not attend.
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) Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy by failing to remove all rubbish and belongings as shown in the photos produced in evidence.
The amount ordered is 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.
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: The interior of the woodfire box and some of the piping connected to the flue were removed, causing the flu to drop down. Replacement of the interior of the firebox and the flue were required; There were holes/damage in the kitchen wall and in the doors of an upstairs bedroom and the front and back doors; two aluminium windows were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was likely intentional.
The amounts ordered are proved.
As the landlord has succeeded with their claims, they are entitled to reimbursement of the filing fee.

Tenancy Tribunal case 5373601 — Property damage at 83 Kawiu Road, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5373601 — Property damage at 83 Kawiu Road, Levin, Levin 5510

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

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

Frequently asked questions