What was the outcome of Tenancy Tribunal case 4660789?

The tribunal order states: Mariah Savage and Una Todd are to pay Visions of a Helping Hand Charitable

How much money was awarded in case 4660789?

15% GST: $1,254.23 awarded to landlord; Cleaning: $140.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rekeying Locks: $344.00 awarded to landlord; Window Reglazing: $186.79 awarded to landlord

What type of tenancy dispute was case 4660789?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4660789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9614522-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4660789?

The tribunal order states: Mariah Savage and Una Todd are to pay Visions of a Helping Hand Charitable

How much money was awarded in case 4660789?

15% GST: $1,254.23 awarded to landlord; Cleaning: $140.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rekeying Locks: $344.00 awarded to landlord; Window Reglazing: $186.79 awarded to landlord

What type of tenancy dispute was case 4660789?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4660789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9614522-Tribunal_Order.pdf.

10 Bellingham Crescent, Fordlands, Rotorua 3015 Tenancy Tribunal Case 4660789 — Cleanliness

Claims and awards in Tenancy Tribunal application 4660789. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Professional carpet clean	$140.00	Professional carpet clean
Window reglazing	$186.79	Window reglazing
15% GST	$1,254.23	15% GST
Rekeying locks	$344.00	Rekeying locks
Filing fee	$20.44	Filing fee

Order

Mariah Savage and Una Todd are to pay Visions of a Helping Hand Charitable Trust $105.46 immediately, calculated as follows: DescriptionLandlord Professional carpet clean$140.00 Window reglazing$186.79 Vision Invoice ($152.16 paint, $319.90 curtain replacement (and accessories), $275.00 replace hallway door, $210 repair holes, $60.00 lawn mowing, $73.57 rubbish removal, $163.60 15% GST) $1,254.23 Rekeying locks$344.00 Filing fee$20.44 Total award$1,945.46 Bond to Landlord-$1,840.00 Tenant to pay$105.46
Bond Services is to pay the bond of $1,840.00 to Visions of a Helping Hand Charitable Trust immediately.

Reasons

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 18 January 2023. The Landlord provided rent records which prove the amount owing at the end of the tenancy: $10.00

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)(e)(ii)-(v) Residential Tenancies Act 1986.
The Tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The Landlord has provided photographs showing the condition of the premises at the end of the tenancy.
I award the following: a. Professional Carpet Clean - $140.00: The carpets were soiled and stained with dirt, food and other organic material. b. Broken Window - $186.79: A window was broken during the tenancy. The Tenants accepted responsibility for it. c. Lawns - $60.00: The Tenants did not mow the lawns and they were overgrown after the Tenants left. d. Curtains (and accessories) - $319.90: The curtains were stolen during the Tenancy, according to the Landlord’s recollection of a conversation with the Tenants. e. Rubbish removal - $73.57: The garage was full of the Tenants’ rubbish and property, which they did not collect despite the Landlord’s attempts to contact them about it.
The Tenant did not return the keys. I award the Landlord its costs in replacing the locks: $344.00

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.
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’s photographs show holes in walls at the end of the Tenancy (bedroom 1 and in the toilet). The hallway door was missing at the end of the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I award the Landlord the cost of replacing the door ($275.00) and patching and painting the holes: $362.16
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.
Because Visions Of A Helping Hand Charitable Trust has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4660789. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Professional carpet clean	$140.00	Professional carpet clean
Window reglazing	$186.79	Window reglazing
15% GST	$1,254.23	15% GST
Rekeying locks	$344.00	Rekeying locks
Filing fee	$20.44	Filing fee

Order

Mariah Savage and Una Todd are to pay Visions of a Helping Hand Charitable Trust $105.46 immediately, calculated as follows: DescriptionLandlord Professional carpet clean$140.00 Window reglazing$186.79 Vision Invoice ($152.16 paint, $319.90 curtain replacement (and accessories), $275.00 replace hallway door, $210 repair holes, $60.00 lawn mowing, $73.57 rubbish removal, $163.60 15% GST) $1,254.23 Rekeying locks$344.00 Filing fee$20.44 Total award$1,945.46 Bond to Landlord-$1,840.00 Tenant to pay$105.46
Bond Services is to pay the bond of $1,840.00 to Visions of a Helping Hand Charitable Trust immediately.

Reasons

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 18 January 2023. The Landlord provided rent records which prove the amount owing at the end of the tenancy: $10.00

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)(e)(ii)-(v) Residential Tenancies Act 1986.
The Tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The Landlord has provided photographs showing the condition of the premises at the end of the tenancy.
I award the following: a. Professional Carpet Clean - $140.00: The carpets were soiled and stained with dirt, food and other organic material. b. Broken Window - $186.79: A window was broken during the tenancy. The Tenants accepted responsibility for it. c. Lawns - $60.00: The Tenants did not mow the lawns and they were overgrown after the Tenants left. d. Curtains (and accessories) - $319.90: The curtains were stolen during the Tenancy, according to the Landlord’s recollection of a conversation with the Tenants. e. Rubbish removal - $73.57: The garage was full of the Tenants’ rubbish and property, which they did not collect despite the Landlord’s attempts to contact them about it.
The Tenant did not return the keys. I award the Landlord its costs in replacing the locks: $344.00

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.
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’s photographs show holes in walls at the end of the Tenancy (bedroom 1 and in the toilet). The hallway door was missing at the end of the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I award the Landlord the cost of replacing the door ($275.00) and patching and painting the holes: $362.16
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.
Because Visions Of A Helping Hand Charitable Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4660789 — Cleanliness at 10 Bellingham Crescent, Fordlands, Rotorua 3015

At a glance

Tenancy Tribunal case 4660789 — Cleanliness at 10 Bellingham Crescent, Fordlands, Rotorua 3015

At a glance

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

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