What was the outcome of Tenancy Tribunal case 5426120?

The tribunal order states: Natasha Annette Nagel must pay Bronwyn Anne Theodocia Wilson and Murray

How much money was awarded in case 5426120?

Cleaning: $1,200.00 awarded to landlord; Lightbulbs: $44.95 awarded to landlord; Rent Arrears: $1,500.00 awarded to landlord; Holes In Walls: $434.70 awarded to landlord; Replace furnishings: curtain hooks a…: $25.00 awarded to landlord; Lawns and Garden Work: $1,218.17 awarded to landlord

What type of tenancy dispute was case 5426120?

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

Where can I read the official tribunal order for case 5426120?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13740396-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5426120?

The tribunal order states: Natasha Annette Nagel must pay Bronwyn Anne Theodocia Wilson and Murray

How much money was awarded in case 5426120?

Cleaning: $1,200.00 awarded to landlord; Lightbulbs: $44.95 awarded to landlord; Rent Arrears: $1,500.00 awarded to landlord; Holes In Walls: $434.70 awarded to landlord; Replace furnishings: curtain hooks a…: $25.00 awarded to landlord; Lawns and Garden Work: $1,218.17 awarded to landlord

What type of tenancy dispute was case 5426120?

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

Where can I read the official tribunal order for case 5426120?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13740396-Tenancy_Tribunal_Order.pdf.

32 Mill Street, Marton, Marton 4710 Tenancy Tribunal Case 5426120 — Rent arrears

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32 Mill Street, Marton, Marton 4710 Tenancy Tribunal Case 5426120 — 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 5426120 — net $3,142.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,500.00	Rent arrears
Repairs: holes in walls	$434.70	Repairs: holes in walls
Cleaning	$1,200.00	Cleaning
Rubbish removal: lawns and garden	$1,218.17	Rubbish removal: lawns and garden
Light bulbs/batteries	$44.95	Light bulbs/batteries
Replace furnishings: curtain hooks and diffuser	$25.00	Replace furnishings: curtain hooks and diffuser
Net award	$3,142.82
Total payable by Tenant to Landlord	$3,142.82

Claims and awards for application 5426120 — net $3,142.82 NZD. Verify on MoJ.

Rent arrears

Amount: $1,500.00
Awarded to: Landlord
Reason: Rent arrears

Repairs: holes in walls

Amount: $434.70
Awarded to: Landlord
Reason: Repairs: holes in walls

Cleaning

Amount: $1,200.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: lawns and garden

Amount: $1,218.17
Awarded to: Landlord
Reason: Rubbish removal: lawns and garden

Light bulbs/batteries

Amount: $44.95
Awarded to: Landlord
Reason: Light bulbs/batteries

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Lawns And Garden Work

Order

Natasha Annette Nagel must pay Bronwyn Anne Theodocia Wilson and Murray Phillip Wilson $3,142.82 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,500.00 Repairs: holes in walls$434.70 Cleaning$1,200.00 Rubbish removal: lawns and garden$1,218.17 Light bulbs/batteries$44.95 Replace furnishings: curtain hooks and diffuser$25.00 Total award$4,422.82 Bond$1,280.00 Total payable by Tenant to Landlord$3,142.82

Reasons

Both parties attended the video hearing.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenant advised the landlord on 3 October that for personal reasons she had vacated the house and wished to end the tenancy. The tenant was required to give 21-days’ notice to terminate the tenancy. This is the amount the landlord is claiming and the landlord provided rent records which prove the amount owing.

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 and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
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 explained that due to her personal circumstances, she took what she wanted and left behind anything else and was unable to make any attempt to clean.
The landlord agreed with the tenant that a friend of the tenant’s came to the property and removed some items. The tenant agreed by email with the landlord by email that the remaining items could be disposed of.
The landlord gave evidence that they disposed of any useful items to charities but still had a substantial amount of material to be taken to the dump. The amounts claimed by the landlord for the removal of rubbish, garden and lawn work are reasonable. They have charged no amount for their time and effort. Their use of a very small amount of casual labour and the modest amounts charged are acceptable. However, the charge for cold drinks for the labour is not and has been deducted. As discussed at the hearing, professional cleaners will have cleaned the property to a higher standard than was required of the tenant and a small deduction from the amount claimed is to reflect what the Tribunal regularly sees in this area for similar work to get a property to the required standard in similar circumstances.
The landlord had to replace light bulbs.
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 a number of holes in walls caused by kicking. b. There were a number of smaller holes from the removal of pictures and other fixtures. c. There was writing or scribbling on some walls. d. Some curtain hooks were broken.
The damage is more than fair wear and tear, and the tenant has responsibly accepted liability for the damage. As discussed at the hearing, the small charge for the door handle has been deducted as it was at the end of its useful life and had no residual value.
The amounts ordered are proved.

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 5426120 — net $3,142.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,500.00	Rent arrears
Repairs: holes in walls	$434.70	Repairs: holes in walls
Cleaning	$1,200.00	Cleaning
Rubbish removal: lawns and garden	$1,218.17	Rubbish removal: lawns and garden
Light bulbs/batteries	$44.95	Light bulbs/batteries
Replace furnishings: curtain hooks and diffuser	$25.00	Replace furnishings: curtain hooks and diffuser
Net award	$3,142.82
Total payable by Tenant to Landlord	$3,142.82

Claims and awards for application 5426120 — net $3,142.82 NZD. Verify on MoJ.

Rent arrears

Amount: $1,500.00
Awarded to: Landlord
Reason: Rent arrears

Repairs: holes in walls

Amount: $434.70
Awarded to: Landlord
Reason: Repairs: holes in walls

Cleaning

Amount: $1,200.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: lawns and garden

Amount: $1,218.17
Awarded to: Landlord
Reason: Rubbish removal: lawns and garden

Light bulbs/batteries

Amount: $44.95
Awarded to: Landlord
Reason: Light bulbs/batteries

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears Lawns And Garden Work

Order

Natasha Annette Nagel must pay Bronwyn Anne Theodocia Wilson and Murray Phillip Wilson $3,142.82 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,500.00 Repairs: holes in walls$434.70 Cleaning$1,200.00 Rubbish removal: lawns and garden$1,218.17 Light bulbs/batteries$44.95 Replace furnishings: curtain hooks and diffuser$25.00 Total award$4,422.82 Bond$1,280.00 Total payable by Tenant to Landlord$3,142.82

Reasons

Both parties attended the video hearing.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenant advised the landlord on 3 October that for personal reasons she had vacated the house and wished to end the tenancy. The tenant was required to give 21-days’ notice to terminate the tenancy. This is the amount the landlord is claiming and the landlord provided rent records which prove the amount owing.

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 and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
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 explained that due to her personal circumstances, she took what she wanted and left behind anything else and was unable to make any attempt to clean.
The landlord agreed with the tenant that a friend of the tenant’s came to the property and removed some items. The tenant agreed by email with the landlord by email that the remaining items could be disposed of.
The landlord gave evidence that they disposed of any useful items to charities but still had a substantial amount of material to be taken to the dump. The amounts claimed by the landlord for the removal of rubbish, garden and lawn work are reasonable. They have charged no amount for their time and effort. Their use of a very small amount of casual labour and the modest amounts charged are acceptable. However, the charge for cold drinks for the labour is not and has been deducted. As discussed at the hearing, professional cleaners will have cleaned the property to a higher standard than was required of the tenant and a small deduction from the amount claimed is to reflect what the Tribunal regularly sees in this area for similar work to get a property to the required standard in similar circumstances.
The landlord had to replace light bulbs.
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 a number of holes in walls caused by kicking. b. There were a number of smaller holes from the removal of pictures and other fixtures. c. There was writing or scribbling on some walls. d. Some curtain hooks were broken.
The damage is more than fair wear and tear, and the tenant has responsibly accepted liability for the damage. As discussed at the hearing, the small charge for the door handle has been deducted as it was at the end of its useful life and had no residual value.
The amounts ordered are proved.

Tenancy Tribunal case 5426120 — Rent arrears at 32 Mill Street, Marton, Marton 4710

At a glance

Tenancy Tribunal case 5426120 — Rent arrears at 32 Mill Street, Marton, Marton 4710

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

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

Frequently asked questions