What was the outcome of Tenancy Tribunal case 4661918?

The tribunal order states: Shavana Jade Soloman must pay Rent-A-Home Limited As Agent For Panna

How much money was awarded in case 4661918?

Cleaning: $149.50 awarded to landlord; Cleaning: $405.00 awarded to landlord; Cleaning: $2,375.00 awarded to landlord; Cleaning: $194.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $290.00 awarded to landlord; Previous Order Application 4487761 S…: $820.00 awarded to landlord; Rent Arrears: $81.43 awarded to landlord; To Walls: $310.00 awarded to landlord; Replace Carpet Hallway: $250.00 awarded to landlord

What type of tenancy dispute was case 4661918?

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

Where can I read the official tribunal order for case 4661918?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9617324-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4661918?

The tribunal order states: Shavana Jade Soloman must pay Rent-A-Home Limited As Agent For Panna

How much money was awarded in case 4661918?

Cleaning: $149.50 awarded to landlord; Cleaning: $405.00 awarded to landlord; Cleaning: $2,375.00 awarded to landlord; Cleaning: $194.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $290.00 awarded to landlord; Previous Order Application 4487761 S…: $820.00 awarded to landlord; Rent Arrears: $81.43 awarded to landlord; To Walls: $310.00 awarded to landlord; Replace Carpet Hallway: $250.00 awarded to landlord

What type of tenancy dispute was case 4661918?

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

Where can I read the official tribunal order for case 4661918?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9617324-Tenancy_Tribunal_Order.pdf.

44 Massey Crescent, Marewa, Napier 4110 Tenancy Tribunal Case 4661918 — Cleanliness

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44 Massey Crescent, Marewa, Napier 4110 Tenancy Tribunal Case 4661918 — Cleanliness | 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 4661918 — net $2,615.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/6/2023	$81.43	Rent arrears to 26/6/2023
Previous order application 4487761 sealed 14/04/2023	$820.00	Previous order application 4487761 sealed 14/04/2023
Carpet Cleaning	$149.50	Carpet Cleaning
Replace carpet hallway	$250.00	Replace carpet hallway
Repairs: to walls	$310.00	Repairs: to walls
Cleaning: kitchen blind	$194.00	Cleaning: kitchen blind
Cleaning	$405.00	Cleaning
Lawns and Garden work	$290.00	Lawns and Garden work
Cleaning: curtains and repainting walls to clean	$2,375.00	Cleaning: curtains and repainting walls to clean
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,615.37
Total payable by Tenant to Landlord	$2,615.37

Claims and awards for application 4661918 — net $2,615.37 NZD. Verify on MoJ.

Rent arrears to 26/6/2023

Amount: $81.43
Awarded to: Landlord
Reason: Rent arrears to 26/6/2023

Previous order application 4487761 sealed 14/04/2023

Amount: $820.00
Awarded to: Landlord
Reason: Previous order application 4487761 sealed 14/04/2023

Carpet Cleaning

Amount: $149.50
Awarded to: Landlord
Reason: Carpet Cleaning

Replace carpet hallway

Amount: $250.00
Awarded to: Landlord
Reason: Replace carpet hallway

Repairs: to walls

Amount: $310.00
Awarded to: Landlord
Reason: Repairs: to walls

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage

Order

Shavana Jade Soloman must pay Rent-A-Home Limited As Agent For Panna Kiwi Trust $2,615.37 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 (3086714-004) to Rent-A- Home Limited As Agent For Panna Kiwi Trust immediately.

Reasons

Only the applicant 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 26/6/2023. The landlord provided rent records and 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. 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The lawns and gardens were overgrown.
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.
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: carpets were so badly stained they could not be cleaned and needed to be replaced. Some of the damage occurred during the tenancy and a mediated order required the tenant to pay for replacement carpet in the bedrooms and living room, the current application concerns replacement of carpet in the hallway which was also extensively stained and damaged. Cleaning did not remove the stains and replacement was therefore required. There was also extensive scribbling and graffiti to all of the walls in the house and several large holes. The paintwork was new at the beginning of the tenancy and repainting was the most cost- effective option to repair the surface and then remove the extensive damage.
The tenant complained about the cost and was offered the option of finding a cheaper tradesperson to do the work but could not find anyone.
The curtains were also badly stained with paint and scribble. 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 of the carpets, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The balance owing with respect to mediated order 4487761, made on 13 March 2023 and sealed on 14 April 2023 is incorporated for enforcement purposes.
Because Rent-A-Home Limited As Agent For Panna Kiwi Trust has wholly succeeded with the claim I must reimburse the filing fee.
The order is to be published including the tenant’s name.

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 4661918 — net $2,615.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/6/2023	$81.43	Rent arrears to 26/6/2023
Previous order application 4487761 sealed 14/04/2023	$820.00	Previous order application 4487761 sealed 14/04/2023
Carpet Cleaning	$149.50	Carpet Cleaning
Replace carpet hallway	$250.00	Replace carpet hallway
Repairs: to walls	$310.00	Repairs: to walls
Cleaning: kitchen blind	$194.00	Cleaning: kitchen blind
Cleaning	$405.00	Cleaning
Lawns and Garden work	$290.00	Lawns and Garden work
Cleaning: curtains and repainting walls to clean	$2,375.00	Cleaning: curtains and repainting walls to clean
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,615.37
Total payable by Tenant to Landlord	$2,615.37

Claims and awards for application 4661918 — net $2,615.37 NZD. Verify on MoJ.

Rent arrears to 26/6/2023

Amount: $81.43
Awarded to: Landlord
Reason: Rent arrears to 26/6/2023

Previous order application 4487761 sealed 14/04/2023

Amount: $820.00
Awarded to: Landlord
Reason: Previous order application 4487761 sealed 14/04/2023

Carpet Cleaning

Amount: $149.50
Awarded to: Landlord
Reason: Carpet Cleaning

Replace carpet hallway

Amount: $250.00
Awarded to: Landlord
Reason: Replace carpet hallway

Repairs: to walls

Amount: $310.00
Awarded to: Landlord
Reason: Repairs: to walls

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage

Order

Shavana Jade Soloman must pay Rent-A-Home Limited As Agent For Panna Kiwi Trust $2,615.37 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 (3086714-004) to Rent-A- Home Limited As Agent For Panna Kiwi Trust immediately.

Reasons

Only the applicant 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 26/6/2023. The landlord provided rent records and 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. 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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The lawns and gardens were overgrown.
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.
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: carpets were so badly stained they could not be cleaned and needed to be replaced. Some of the damage occurred during the tenancy and a mediated order required the tenant to pay for replacement carpet in the bedrooms and living room, the current application concerns replacement of carpet in the hallway which was also extensively stained and damaged. Cleaning did not remove the stains and replacement was therefore required. There was also extensive scribbling and graffiti to all of the walls in the house and several large holes. The paintwork was new at the beginning of the tenancy and repainting was the most cost- effective option to repair the surface and then remove the extensive damage.
The tenant complained about the cost and was offered the option of finding a cheaper tradesperson to do the work but could not find anyone.
The curtains were also badly stained with paint and scribble. 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 of the carpets, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The balance owing with respect to mediated order 4487761, made on 13 March 2023 and sealed on 14 April 2023 is incorporated for enforcement purposes.
Because Rent-A-Home Limited As Agent For Panna Kiwi Trust has wholly succeeded with the claim I must reimburse the filing fee.
The order is to be published including the tenant’s name.

Tenancy Tribunal case 4661918 — Cleanliness at 44 Massey Crescent, Marewa, Napier 4110

At a glance

Tenancy Tribunal case 4661918 — Cleanliness at 44 Massey Crescent, Marewa, Napier 4110

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