How much money was awarded in case 4601009?

Cleaning: $355.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $362.25 awarded to landlord; Rent Arrears: $1,905.14 awarded to landlord

What type of tenancy dispute was case 4601009?

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

Where can I read the official tribunal order for case 4601009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9167136-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4601009?

Cleaning: $355.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $362.25 awarded to landlord; Rent Arrears: $1,905.14 awarded to landlord

What type of tenancy dispute was case 4601009?

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

Where can I read the official tribunal order for case 4601009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9167136-Tenancy_Tribunal_Order.pdf.

9A Stewart Crescent, Hokowhitu, Palmerston North 4410 Tenancy Tribunal Case 4601009 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4601009?

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

Order

Claims and awards in Tenancy Tribunal application 4601009 — net $323.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,905.14	Rent arrears
Carpet Cleaning: stain removal	$355.50	Carpet Cleaning: stain removal
Repairs	$362.25	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$323.33
Total payable by Tenant to Landlord	$323.33

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 $2,320.00 (6382865-007) to Reh Property Management Limited Acting On Behalf Of David And Pauline Bolton Melissa O'Donnell immediately.

Amy Lyons must pay Reh Property Management Limited Acting On Behalf Of David And Pauline Bolton Melissa O'Donnell $323.33 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,905.14 Carpet Cleaning: stain removal$355.50 Repairs$362.25 Filing fee reimbursement$20.44 Total award$2,643.33 Bond$2,320.00 Total payable by Tenant to Landlord$323.33

Reasons

Both parties attended the hearing.

The tenant was twelve minutes late to the hearing when three of the landlord’s claims had been considered.

In order to hear from the tenant, she was allowed to address each of the landlord’s claims. This resulted in the landlord withdrawing its claim for lock replacements.

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 31 May 2023 when the bailiff evicted the tenant. The landlord provided its rent records which prove the amount owing at the end of the tenancy.

The tenant produced her own calculations regarding the rent owing at the end of the tenancy.

Having examined the tenant’s calculations and the landlord’s response, and having allowed the tenant an opportunity to respond to the landlord’s response, the tenant has not persuaded me that her records are more likely than not more accurate than the landlord’s.

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.

After discussion and an inspection of photos from the landlord and from the tenant’s phone, the tenant accepted that the following damage was caused during the tenancy: a. There was fire damage to the carpet in front of a gas heater. b. There was paint staining to the carpet in a number of rooms.

The amounts ordered are proved.

Because Reh Property Management Limited Acting On Behalf Of David And Pauline Bolton Melissa O'Donnell has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4601009 — net $323.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,905.14	Rent arrears
Carpet Cleaning: stain removal	$355.50	Carpet Cleaning: stain removal
Repairs	$362.25	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$323.33
Total payable by Tenant to Landlord	$323.33

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 $2,320.00 (6382865-007) to Reh Property Management Limited Acting On Behalf Of David And Pauline Bolton Melissa O'Donnell immediately.
Amy Lyons must pay Reh Property Management Limited Acting On Behalf Of David And Pauline Bolton Melissa O'Donnell $323.33 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,905.14 Carpet Cleaning: stain removal$355.50 Repairs$362.25 Filing fee reimbursement$20.44 Total award$2,643.33 Bond$2,320.00 Total payable by Tenant to Landlord$323.33

Reasons

Both parties attended the hearing.
The tenant was twelve minutes late to the hearing when three of the landlord’s claims had been considered.
In order to hear from the tenant, she was allowed to address each of the landlord’s claims. This resulted in the landlord withdrawing its claim for lock replacements.
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 31 May 2023 when the bailiff evicted the tenant. The landlord provided its rent records which prove the amount owing at the end of the tenancy.
The tenant produced her own calculations regarding the rent owing at the end of the tenancy.
Having examined the tenant’s calculations and the landlord’s response, and having allowed the tenant an opportunity to respond to the landlord’s response, the tenant has not persuaded me that her records are more likely than not more accurate than the landlord’s.

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.
After discussion and an inspection of photos from the landlord and from the tenant’s phone, the tenant accepted that the following damage was caused during the tenancy: a. There was fire damage to the carpet in front of a gas heater. b. There was paint staining to the carpet in a number of rooms.
The amounts ordered are proved.
Because Reh Property Management Limited Acting On Behalf Of David And Pauline Bolton Melissa O'Donnell has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4601009 — Rent arrears at 9A Stewart Crescent, Hokowhitu, Palmerston North 4410

At a glance

Tenancy Tribunal case 4601009 — Rent arrears at 9A Stewart Crescent, Hokowhitu, Palmerston North 4410

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions