What was the outcome of Tenancy Tribunal case 4610809?

The tribunal order states: Sarah-Lee Dael Smith must pay Kemeys Brothers Management Limited

How much money was awarded in case 4610809?

Cleaning: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $92.00 awarded to landlord; Rent Arrears: $550.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Replace Furnishings: $700.00 awarded to landlord; Rubbish Removal: $316.25 awarded to landlord

What type of tenancy dispute was case 4610809?

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

Where can I read the official tribunal order for case 4610809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9216767-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4610809?

The tribunal order states: Sarah-Lee Dael Smith must pay Kemeys Brothers Management Limited

How much money was awarded in case 4610809?

Cleaning: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $92.00 awarded to landlord; Rent Arrears: $550.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Replace Furnishings: $700.00 awarded to landlord; Rubbish Removal: $316.25 awarded to landlord

What type of tenancy dispute was case 4610809?

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

Where can I read the official tribunal order for case 4610809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9216767-Tenancy_Tribunal_Order.pdf.

36 Konini Street, Wainuiomata, Lower Hutt 5014 Tenancy Tribunal Case 4610809 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

36 Konini Street, Wainuiomata, Lower Hutt 5014 Tenancy Tribunal Case 4610809 — 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 4610809 — net $1,578.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 May 2023	$550.00	Rent arrears to 9 May 2023
Cleaning	$900.00	Cleaning
Rubbish removal	$316.25	Rubbish removal
Lawns and Garden work	$92.00	Lawns and Garden work
Repairs: carpet replacement, limited to insurance excess only	$500.00	Repairs: carpet replacement, limited to insurance excess only
Repairs: painting of walls, limited to insurance excess only	$500.00	Repairs: painting of walls, limited to insurance excess only
Filing fee reimbursement	$20.44	Filing fee reimbursement
Replace furnishings	$700.00	Replace furnishings
Net award	$1,578.69
Total payable by Tenant to Landlord	$1,578.69

Claims and awards for application 4610809 — net $1,578.69 NZD. Verify on MoJ.

Rent arrears to 9 May 2023

Amount: $550.00
Awarded to: Landlord
Reason: Rent arrears to 9 May 2023

Cleaning

Amount: $900.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $316.25
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $92.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: carpet replacement, limited to insurance excess only

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: carpet replacement, limited to insurance excess only

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

Sarah-Lee Dael Smith must pay Kemeys Brothers Management Limited $1,578.69 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (6298574-001) to Kemeys Brothers Management Limited immediately.

Reasons

Only the landlord attended 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 9 May 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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
The following damage was caused during the tenancy: carpets, curtains and walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

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 4610809 — net $1,578.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 May 2023	$550.00	Rent arrears to 9 May 2023
Cleaning	$900.00	Cleaning
Rubbish removal	$316.25	Rubbish removal
Lawns and Garden work	$92.00	Lawns and Garden work
Repairs: carpet replacement, limited to insurance excess only	$500.00	Repairs: carpet replacement, limited to insurance excess only
Repairs: painting of walls, limited to insurance excess only	$500.00	Repairs: painting of walls, limited to insurance excess only
Filing fee reimbursement	$20.44	Filing fee reimbursement
Replace furnishings	$700.00	Replace furnishings
Net award	$1,578.69
Total payable by Tenant to Landlord	$1,578.69

Claims and awards for application 4610809 — net $1,578.69 NZD. Verify on MoJ.

Rent arrears to 9 May 2023

Amount: $550.00
Awarded to: Landlord
Reason: Rent arrears to 9 May 2023

Cleaning

Amount: $900.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $316.25
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $92.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: carpet replacement, limited to insurance excess only

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: carpet replacement, limited to insurance excess only

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage Rubbish Removal

Order

Sarah-Lee Dael Smith must pay Kemeys Brothers Management Limited $1,578.69 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (6298574-001) to Kemeys Brothers Management Limited immediately.

Reasons

Only the landlord attended 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 9 May 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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
The following damage was caused during the tenancy: carpets, curtains and walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 4610809 — Property damage at 36 Konini Street, Wainuiomata, Lower Hutt 5014

At a glance

Tenancy Tribunal case 4610809 — Property damage at 36 Konini Street, Wainuiomata, Lower Hutt 5014

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