What was the outcome of Tenancy Tribunal case 4676191?

The tribunal order states: Nathan Bush must pay Monarch Realty Limited T/A Harcourts Hamilton Rentals

How much money was awarded in case 4676191?

Cleaning: $180.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $250.00 awarded to landlord; To Walls And Repainting: $950.00 awarded to landlord; Replace And Repaint Two Doors: $733.00 awarded to landlord; Replace Curtains: $250.00 awarded to landlord; Replace Mattress: $385.00 awarded to landlord; Rubbish Removal: $240.00 awarded to landlord

What type of tenancy dispute was case 4676191?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4676191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9599638-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4676191?

The tribunal order states: Nathan Bush must pay Monarch Realty Limited T/A Harcourts Hamilton Rentals

How much money was awarded in case 4676191?

Cleaning: $180.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $250.00 awarded to landlord; To Walls And Repainting: $950.00 awarded to landlord; Replace And Repaint Two Doors: $733.00 awarded to landlord; Replace Curtains: $250.00 awarded to landlord; Replace Mattress: $385.00 awarded to landlord; Rubbish Removal: $240.00 awarded to landlord

What type of tenancy dispute was case 4676191?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4676191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9599638-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2A, 59 Carrington Avenue, Silverdale, Hamilton Tenancy Tribunal Case 4676191 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 2A, 59 Carrington Avenue, Silverdale, Hamilton Tenancy Tribunal Case 4676191 — 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 4676191 — net $2,891.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$250.00	Lock/key replacement
Replace and repaint two doors	$733.00	Replace and repaint two doors
Carpet Cleaning and cleaning couch	$180.00	Carpet Cleaning and cleaning couch
Cleaning and rubbish removal	$240.00	Cleaning and rubbish removal
Replace mattress	$385.00	Replace mattress
Replace curtains	$250.00	Replace curtains
Repairs: to walls and repainting	$950.00	Repairs: to walls and repainting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,891.74
Total payable by Tenant to Landlord	$2,891.74

Claims and awards for application 4676191 — net $2,891.74 NZD. Verify on MoJ.

Lock/key replacement

Amount: $250.00
Awarded to: Landlord
Reason: Lock/key replacement

Replace and repaint two doors

Amount: $733.00
Awarded to: Landlord
Reason: Replace and repaint two doors

Carpet Cleaning and cleaning couch

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning and cleaning couch

Cleaning and rubbish removal

Amount: $240.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Replace mattress

Amount: $385.00
Awarded to: Landlord
Reason: Replace mattress

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Nathan Bush must pay Monarch Realty Limited T/A Harcourts Hamilton Rentals As Agent For Mei Yuan $2,891.74 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $116.70 (6305662-005) to Monarch Realty Limited T/A Harcourts Hamilton Rentals As Agent For Mei Yuan immediately.

Reasons

Only the applicant landlord attended the hearing.
The landlord has applied for compensation, refund of the bond, 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. 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 tenant did not return the keys and added locks which also needed to be replaced.
The following chattels were missing at the end of the tenancy: curtains were missing, and the mattress needed to be replaced.
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.
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: the bedroom and ensuite were extensively damaged the night prior to the end of the tenancy. Two doors were damaged and the walls extensively damaged with holes and spray-painted graffiti. 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.
Because Monarch Realty Limited T/A Harcourts Hamilton Rentals As Agent For Mei Yuan 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 4676191 — net $2,891.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$250.00	Lock/key replacement
Replace and repaint two doors	$733.00	Replace and repaint two doors
Carpet Cleaning and cleaning couch	$180.00	Carpet Cleaning and cleaning couch
Cleaning and rubbish removal	$240.00	Cleaning and rubbish removal
Replace mattress	$385.00	Replace mattress
Replace curtains	$250.00	Replace curtains
Repairs: to walls and repainting	$950.00	Repairs: to walls and repainting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,891.74
Total payable by Tenant to Landlord	$2,891.74

Claims and awards for application 4676191 — net $2,891.74 NZD. Verify on MoJ.

Lock/key replacement

Amount: $250.00
Awarded to: Landlord
Reason: Lock/key replacement

Replace and repaint two doors

Amount: $733.00
Awarded to: Landlord
Reason: Replace and repaint two doors

Carpet Cleaning and cleaning couch

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning and cleaning couch

Cleaning and rubbish removal

Amount: $240.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Replace mattress

Amount: $385.00
Awarded to: Landlord
Reason: Replace mattress

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Nathan Bush must pay Monarch Realty Limited T/A Harcourts Hamilton Rentals As Agent For Mei Yuan $2,891.74 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $116.70 (6305662-005) to Monarch Realty Limited T/A Harcourts Hamilton Rentals As Agent For Mei Yuan immediately.

Reasons

Only the applicant landlord attended the hearing.
The landlord has applied for compensation, refund of the bond, 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. 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 tenant did not return the keys and added locks which also needed to be replaced.
The following chattels were missing at the end of the tenancy: curtains were missing, and the mattress needed to be replaced.
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.
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: the bedroom and ensuite were extensively damaged the night prior to the end of the tenancy. Two doors were damaged and the walls extensively damaged with holes and spray-painted graffiti. 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.
Because Monarch Realty Limited T/A Harcourts Hamilton Rentals As Agent For Mei Yuan 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 4676191 — Property damage at Unit/Flat 2A, 59 Carrington Avenue, Silverdale, Hamilton

At a glance

Tenancy Tribunal case 4676191 — Property damage at Unit/Flat 2A, 59 Carrington Avenue, Silverdale, Hamilton

At a glance

Award balance

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

Award balance

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