How much money was awarded in case 4642409?

Filing Fee: $20.44 awarded to landlord; Lawn Mowing: $130.00 awarded to landlord; Lightbulbs: $138.00 awarded to landlord; Property Damage: $35.95 awarded to landlord; Property Damage: $1,851.00 awarded to landlord; Replace And Install 2x Panel Heaters: $400.00 awarded to landlord; Rubbish Removal: $560.00 awarded to landlord

What type of tenancy dispute was case 4642409?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4642409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9311452-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4642409?

Filing Fee: $20.44 awarded to landlord; Lawn Mowing: $130.00 awarded to landlord; Lightbulbs: $138.00 awarded to landlord; Property Damage: $35.95 awarded to landlord; Property Damage: $1,851.00 awarded to landlord; Replace And Install 2x Panel Heaters: $400.00 awarded to landlord; Rubbish Removal: $560.00 awarded to landlord

What type of tenancy dispute was case 4642409?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4642409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9311452-Tenancy_Tribunal_Order.pdf.

63 Russell Road, Koutu, Rotorua 3010 Tenancy Tribunal Case 4642409 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4642409?

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 4642409. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replacement remote	$35.95	Replacement remote
Replacement light bulbs	$138.00	Replacement light bulbs
Replace and install 2x panel heaters	$400.00	Replace and install 2x panel heaters
Rubbish removal	$560.00	Rubbish removal
Lawn mowing	$130.00	Lawn mowing
Repair window sash and replace doors x4	$1,851.00	Repair window sash and replace doors x4
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.

Andrea Lawsons to pay Amtos Realty Services Limited $3,135.95 immediately, calculated as follows: DescriptionLandlord Replacement remote$35.95 Replacement light bulbs$138.00 Replace and install 2x panel heaters$400.00 Rubbish removal $560.00 Lawn mowing $130.00 Repair window sash and replace doors x4$1,851.00 Application filing fee$20.44 Total award$3,135.39

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?

Parties copy – Not for Publication <No_Application>2

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. 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 tenant must also replace standard light bulbs.

Heat Pump Remote Replacement: The remote was missing at the end of the tenancy but the Property Manager had noted it during the tenancy. The Tenant acknowledged she did not know where the remote went. I approve the Landlord’s claim: $35.95

Light bulbs: The Tenant accepts light bulbs were removed during the tenancy and not replaced. I approve the Landlord’s claim for $138.00

Two panel heaters: The Landlord acknowledges the panel heaters were damaged during her tenancy, but the batten holden, shade, and lamp were left as they were found at the start of the tenancy. I cannot establish from the electrician’s invoice, what it cost to supply and install new panel heaters, but I award $400.00 (total invoice $529.00).

Rubbish Removal: The tenant acknowledges leaving rubbish behind and does not dispute the Landlord’s claim, which I approve: $560.00

Lawn Mowing: The Tenant acknowledges the lawns were not done at the end of the tenancy: $130.00

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. Parties copy – Not for Publication <No_Application>3

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 following damage was caused during the tenancy: a. Damaged window sash: The Tenant acknowledges a dog, locked inside the property, caused the damage. The act of leaving the dog locked up inside the home is so careless as to be deliberate. b. Damaged doors: The Tenant acknowledges that, during her tenancy, doors were damaged with dings and holes. The cause of the damage was not discussed in detail, but the Tenant accepted liability. The damage appeared to be deliberate.

The Landlord has presented an invoice for repairs to the window sash and replacement of the doors, totalling $1,851.00.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I approve the Landlord’s claim.

Because Applicant has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4642409. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replacement remote	$35.95	Replacement remote
Replacement light bulbs	$138.00	Replacement light bulbs
Replace and install 2x panel heaters	$400.00	Replace and install 2x panel heaters
Rubbish removal	$560.00	Rubbish removal
Lawn mowing	$130.00	Lawn mowing
Repair window sash and replace doors x4	$1,851.00	Repair window sash and replace doors x4
Application filing fee	$20.44	Application filing fee

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Andrea Lawsons to pay Amtos Realty Services Limited $3,135.95 immediately, calculated as follows: DescriptionLandlord Replacement remote$35.95 Replacement light bulbs$138.00 Replace and install 2x panel heaters$400.00 Rubbish removal $560.00 Lawn mowing $130.00 Repair window sash and replace doors x4$1,851.00 Application filing fee$20.44 Total award$3,135.39

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?

Parties copy – Not for Publication <No_Application>2

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. 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 tenant must also replace standard light bulbs.
Heat Pump Remote Replacement: The remote was missing at the end of the tenancy but the Property Manager had noted it during the tenancy. The Tenant acknowledged she did not know where the remote went. I approve the Landlord’s claim: $35.95
Light bulbs: The Tenant accepts light bulbs were removed during the tenancy and not replaced. I approve the Landlord’s claim for $138.00
Two panel heaters: The Landlord acknowledges the panel heaters were damaged during her tenancy, but the batten holden, shade, and lamp were left as they were found at the start of the tenancy. I cannot establish from the electrician’s invoice, what it cost to supply and install new panel heaters, but I award $400.00 (total invoice $529.00).
Rubbish Removal: The tenant acknowledges leaving rubbish behind and does not dispute the Landlord’s claim, which I approve: $560.00
Lawn Mowing: The Tenant acknowledges the lawns were not done at the end of the tenancy: $130.00

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. Parties copy – Not for Publication <No_Application>3
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 following damage was caused during the tenancy: a. Damaged window sash: The Tenant acknowledges a dog, locked inside the property, caused the damage. The act of leaving the dog locked up inside the home is so careless as to be deliberate. b. Damaged doors: The Tenant acknowledges that, during her tenancy, doors were damaged with dings and holes. The cause of the damage was not discussed in detail, but the Tenant accepted liability. The damage appeared to be deliberate.
The Landlord has presented an invoice for repairs to the window sash and replacement of the doors, totalling $1,851.00.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I approve the Landlord’s claim.
Because Applicant has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4642409 — Property damage at 63 Russell Road, Koutu, Rotorua 3010

At a glance

Tenancy Tribunal case 4642409 — Property damage at 63 Russell Road, Koutu, Rotorua 3010

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