How much money was awarded in case 4606771?

Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Heat Pump Remote: $130.43 awarded to landlord; Locks: $192.50 awarded to landlord; Property Damage: $5,548.82 awarded to landlord; Property Damage: $664.36 awarded to landlord; Rubbish Removal: $791.14 awarded to landlord; Smoke Alarms: $114.00 awarded to landlord

What type of tenancy dispute was case 4606771?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4606771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9389993-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4606771?

Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Heat Pump Remote: $130.43 awarded to landlord; Locks: $192.50 awarded to landlord; Property Damage: $5,548.82 awarded to landlord; Property Damage: $664.36 awarded to landlord; Rubbish Removal: $791.14 awarded to landlord; Smoke Alarms: $114.00 awarded to landlord

What type of tenancy dispute was case 4606771?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4606771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9389993-Tenancy_Tribunal_Order.pdf.

226A Clayton Road, Pukehangi, Rotorua 3015 Tenancy Tribunal Case 4606771 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4606771?

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

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Order

Claims and awards in Tenancy Tribunal application 4606771. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal and yard maintenance	$791.14	Rubbish removal and yard maintenance
Cleaning (interior	$230.00	Cleaning (interior
Locks	$192.50	Locks
Smoke alarm replacement and installation	$114.00	Smoke alarm replacement and installation
Heat pump remote	$130.43	Heat pump remote
Repair walls, shower and fence damage	$5,548.82	Repair walls, shower and fence damage
Power meter, external lights, tv aerial, twin-sensor light repairs	$664.36	Power meter, external lights, tv aerial, twin-sensor light repairs
Application Filing Fee	$20.44	Application Filing Fee

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Cairo Jay Apiata is to pay Tremain Real Estate Rotorua Limited $5,771.69 immediately, calculated as follows: DescriptionLandlord Rubbish removal and yard maintenance$791.14 Cleaning (interior)$230.00 Locks$192.50 Smoke alarm replacement and installation$114.00 Heat pump remote$130.43 Repair walls, shower and fence damage$5,548.82 Power meter, external lights, tv aerial, twin-sensor light repairs$664.36 Application Filing Fee$20.44 Total award$7,691.69 Minus bond already paid to Landlord-$1,920.00 Tenant to pay$5,771.69

Reasons

Both parties attended the hearing.

The Landlord has applied for compensation 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: s 40(1)(ca) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

Rubbish and Yard Maintenance: A large pile of rubbish was left outside on the property. Dog holes were dug in the section, and the yard was left in an untidy condition. The Landlord’s photographs prove its claim. I award $791.14 as claimed: a. Lawn Maintenance: Lawns mowed, and the edges trimmed. i. Cost: $430.00 b. Dump Fees: Charges related to disposing of rubbish. i. Cost: $227.95 c. Travel: Expense related to travel for maintenance activities. i. Cost: $30.00

Cleaning: The house required additional cleaning, which amounted to a charge of $230.00. I approve this cost.

Locks: The tenant did not return the keys. The Landlord engaged a locksmith to change the locks: a. Tasks Performed: i. Rekeyed the front, back, and side door locks. b. Cost Breakdown: i. Vehicle Travel: $30.43 ii. Rekey Barrel (4 barrels): $52.16 iii. Keys (3 keys): $23.49 iv. Consumables: $9.14 v. Labour: $52.18 vi. Total: 192.50 (incl. GST)

Smoke Alarms: The smoke alarms were missing at the end of the tenancy and required replacement. The Landlord’s photograph showed smoke alarms at the commencement of the tenancy, which had been removed at the end. The cost of installing the smoke alarms came to $114.00. I approve this amount.

Heat Pump Remote: The heat pump remote was present at the start of the tenancy and missing at the end. The Tenant accepts it went missing during the tenancy. I approve $130.43 for its replacement.

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.

Walls, shower, and fence damage: a. Large holes in the walls. b. Shower lining was damaged, which also necessitated drying the timber behind before installing a new lining. c. Part of the fence was removed. d. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. e. Builder Costs: This includes $840.86 for materials and $5,000 for labour, totalling $5,840.86. f. I award the Landlord’s costs as set at the total builders invoice, applying a 5% deduction from the invoice total, which represents the margin of error and uncertainty created by not providing an individual labour costing. I award $5,548.82.

Power meter, external lights, tv aerial, twin-sensor light: a. Reinstalled the cover on the outside power meter located near the back door. b. Repaired the light situated at the back corner of the house. c. Re-screwed the TV aerial outlet back onto the wall. d. Checked the telephone jack; it was found to be in good condition, but the modem was torn off the wall. It was noted that only Chorus can reconnect the modem. e. Replaced the twin sensor light for the backyard. f. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. g. Electrician Costs: $664.36. A comprehensive breakdown was provided.

Because Tremain Real Estate Rotorua Limited As Agent For M & S Freedom Trust has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4606771. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal and yard maintenance	$791.14	Rubbish removal and yard maintenance
Cleaning (interior	$230.00	Cleaning (interior
Locks	$192.50	Locks
Smoke alarm replacement and installation	$114.00	Smoke alarm replacement and installation
Heat pump remote	$130.43	Heat pump remote
Repair walls, shower and fence damage	$5,548.82	Repair walls, shower and fence damage
Power meter, external lights, tv aerial, twin-sensor light repairs	$664.36	Power meter, external lights, tv aerial, twin-sensor light repairs
Application Filing Fee	$20.44	Application Filing Fee

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Reasons

Both parties attended the hearing.

The Landlord has applied for compensation 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?

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

Cleaning: The house required additional cleaning, which amounted to a charge of $230.00. I approve this cost.

Heat Pump Remote: The heat pump remote was present at the start of the tenancy and missing at the end. The Tenant accepts it went missing during the tenancy. I approve $130.43 for its replacement.

Is the tenant responsible for the damage to the premises?

Because Tremain Real Estate Rotorua Limited As Agent For M & S Freedom Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4606771 — Property damage at 226A Clayton Road, Pukehangi, Rotorua 3015

At a glance

Tenancy Tribunal case 4606771 — Property damage at 226A Clayton Road, Pukehangi, Rotorua 3015

At a glance

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

Property management

Frequently asked questions

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

Property management

Frequently asked questions