What was the outcome of Tenancy Tribunal case 4549062?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4549062?

Cleaning: $200.00 awarded to landlord; Cleaning: $161.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $110.00 awarded to landlord; Lightbulbs: $18.40 awarded to landlord; Rent Arrears: $590.15 awarded to landlord; Plastering And Painting: $4,200.00 awarded to landlord; Plumbing: $776.58 awarded to landlord; Two Internal Doors: $399.05 awarded to landlord

What type of tenancy dispute was case 4549062?

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

Where can I read the official tribunal order for case 4549062?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9232268-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4549062?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4549062?

Cleaning: $200.00 awarded to landlord; Cleaning: $161.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $110.00 awarded to landlord; Lightbulbs: $18.40 awarded to landlord; Rent Arrears: $590.15 awarded to landlord; Plastering And Painting: $4,200.00 awarded to landlord; Plumbing: $776.58 awarded to landlord; Two Internal Doors: $399.05 awarded to landlord

What type of tenancy dispute was case 4549062?

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

Where can I read the official tribunal order for case 4549062?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9232268-Tenancy_Tribunal_Order.pdf.

119 Puriri Street, Gonville, Whanganui 4501 Tenancy Tribunal Case 4549062 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

119 Puriri Street, Gonville, Whanganui 4501 Tenancy Tribunal Case 4549062 — 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 4549062 — net $4,795.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$590.15	Rent arrears
Carpet Cleaning	$200.00	Carpet Cleaning
Cleaning	$161.00	Cleaning
Lawns and Garden work	$110.00	Lawns and Garden work
Light bulbs/batteries	$18.40	Light bulbs/batteries
Repairs: plastering and painting	$4,200.00	Repairs: plastering and painting
Repairs: two internal doors	$399.05	Repairs: two internal doors
Repairs: plumbing	$776.58	Repairs: plumbing
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,795.62
Total payable by Tenant to Landlord	$4,795.62

Claims and awards for application 4549062 — net $4,795.62 NZD. Verify on MoJ.

Rent arrears

Amount: $590.15
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $161.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $110.00
Awarded to: Landlord
Reason: Lawns and Garden work

Light bulbs/batteries

Amount: $18.40
Awarded to: Landlord
Reason: Light bulbs/batteries

Repairs: plastering and painting

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Bond Centre is to pay the bond of $1,680.00 (3107851-018) to Property Rentals Wanganui Limited As Agent For Avinesh Ram immediately.
Tira Aroha Thomas and Lodoviko Cokanauto Gade must pay Property Rentals Wanganui Limited As Agent For Avinesh Ram $4,795.62 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$590.15 Carpet Cleaning$200.00 Cleaning$161.00 Lawns and Garden work$110.00 Light bulbs/batteries$18.40 Repairs: plastering and painting$4,200.00 Repairs: two internal doors$399.05 Repairs: plumbing$776.58 Filing fee reimbursement$20.44 Total award$6,475.62 Bond$1,680.00 Total payable by Tenant to Landlord$4,795.62

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 2 March 2023. The landlord provided rent records which prove the amount owing at 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 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy. It appeared as if the tenant had simply moved out and had not made any attempt at cleaning.
The landlord had to replace smoke alarm batteries.
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. Two internal doors were damaged beyond repair. b. There were holes in the walls in the hallway, a bedroom, the lounge and kitchen. Some had been inexpertly repaired. c. The areas where repairs had been carried out required repainting. d. The sewage pipe from the toilet was blocked. According to the plumber the “drain [was] filled with sanitary products and wet wipes.”
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
Given the nature and extent of the damage to the walls and doors, I am satisfied that the damage was intentional.
The landlord explained that its family occupied the property prior to this tenancy. There were no issues reported regarding the toilet during this period or at any time during the tenancy. The landlord advised that the problem became obvious once a tradesperson at the property flushed the toilet after the end of the tenancy.
I am satisfied that the blockage was caused by the tenant’s actions during the tenancy and that those actions were intentional.
The amounts ordered are proved. Betterment and depreciation
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off.
The landlord explained that the property’s interior had been freshly painted at the start of the tenancy. The tenancy was for a period of 15 months. In these circumstances, I do not believe it is appropriate to deduct any amount from that claimed, as the substantial damage done to the property is in the nature of repairs and there has been no improvement to the property.
Because Property Rentals Wanganui Limited As Agent For Avinesh Ram has wholly succeeded with the claim I must reimburse 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 4549062 — net $4,795.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$590.15	Rent arrears
Carpet Cleaning	$200.00	Carpet Cleaning
Cleaning	$161.00	Cleaning
Lawns and Garden work	$110.00	Lawns and Garden work
Light bulbs/batteries	$18.40	Light bulbs/batteries
Repairs: plastering and painting	$4,200.00	Repairs: plastering and painting
Repairs: two internal doors	$399.05	Repairs: two internal doors
Repairs: plumbing	$776.58	Repairs: plumbing
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,795.62
Total payable by Tenant to Landlord	$4,795.62

Claims and awards for application 4549062 — net $4,795.62 NZD. Verify on MoJ.

Rent arrears

Amount: $590.15
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $161.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $110.00
Awarded to: Landlord
Reason: Lawns and Garden work

Light bulbs/batteries

Amount: $18.40
Awarded to: Landlord
Reason: Light bulbs/batteries

Repairs: plastering and painting

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Bond Centre is to pay the bond of $1,680.00 (3107851-018) to Property Rentals Wanganui Limited As Agent For Avinesh Ram immediately.
Tira Aroha Thomas and Lodoviko Cokanauto Gade must pay Property Rentals Wanganui Limited As Agent For Avinesh Ram $4,795.62 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$590.15 Carpet Cleaning$200.00 Cleaning$161.00 Lawns and Garden work$110.00 Light bulbs/batteries$18.40 Repairs: plastering and painting$4,200.00 Repairs: two internal doors$399.05 Repairs: plumbing$776.58 Filing fee reimbursement$20.44 Total award$6,475.62 Bond$1,680.00 Total payable by Tenant to Landlord$4,795.62

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 2 March 2023. The landlord provided rent records which prove the amount owing at 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 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy. It appeared as if the tenant had simply moved out and had not made any attempt at cleaning.
The landlord had to replace smoke alarm batteries.
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. Two internal doors were damaged beyond repair. b. There were holes in the walls in the hallway, a bedroom, the lounge and kitchen. Some had been inexpertly repaired. c. The areas where repairs had been carried out required repainting. d. The sewage pipe from the toilet was blocked. According to the plumber the “drain [was] filled with sanitary products and wet wipes.”
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
Given the nature and extent of the damage to the walls and doors, I am satisfied that the damage was intentional.
The landlord explained that its family occupied the property prior to this tenancy. There were no issues reported regarding the toilet during this period or at any time during the tenancy. The landlord advised that the problem became obvious once a tradesperson at the property flushed the toilet after the end of the tenancy.
I am satisfied that the blockage was caused by the tenant’s actions during the tenancy and that those actions were intentional.
The amounts ordered are proved. Betterment and depreciation
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off.
The landlord explained that the property’s interior had been freshly painted at the start of the tenancy. The tenancy was for a period of 15 months. In these circumstances, I do not believe it is appropriate to deduct any amount from that claimed, as the substantial damage done to the property is in the nature of repairs and there has been no improvement to the property.
Because Property Rentals Wanganui Limited As Agent For Avinesh Ram has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4549062 — Property damage at 119 Puriri Street, Gonville, Whanganui 4501

At a glance

Tenancy Tribunal case 4549062 — Property damage at 119 Puriri Street, Gonville, Whanganui 4501

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

Property management

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

Property management

Frequently asked questions