What was the outcome of Tenancy Tribunal case 4677689?

The tribunal order states: Sinead Dorothy Atawhai Heta must pay Plan Investments Limited As Agent For

How much money was awarded in case 4677689?

Cleaning: $200.00 awarded to landlord; Electricity Charges: $1,244.73 awarded to landlord; Eviction: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $280.00 awarded to landlord; Property Damage: $423.40 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $470.00 awarded to landlord; Bathroom: $180.00 awarded to landlord; Doors And Frames: $650.00 awarded to landlord; Repaint: $700.00 awarded to landlord; Replace Furnishings: $750.00 awarded to landlord; Rubbish Removal: $695.00 awarded to landlord

What type of tenancy dispute was case 4677689?

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

Where can I read the official tribunal order for case 4677689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9628797-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4677689?

The tribunal order states: Sinead Dorothy Atawhai Heta must pay Plan Investments Limited As Agent For

How much money was awarded in case 4677689?

Cleaning: $200.00 awarded to landlord; Electricity Charges: $1,244.73 awarded to landlord; Eviction: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $280.00 awarded to landlord; Property Damage: $423.40 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $470.00 awarded to landlord; Bathroom: $180.00 awarded to landlord; Doors And Frames: $650.00 awarded to landlord; Repaint: $700.00 awarded to landlord; Replace Furnishings: $750.00 awarded to landlord; Rubbish Removal: $695.00 awarded to landlord

What type of tenancy dispute was case 4677689?

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

Where can I read the official tribunal order for case 4677689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9628797-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 1157 Victoria Street, Whitiora, Hamilton 3200 Tenancy Tribunal Case 4677689 — Property damage

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Unit/Flat 4, 1157 Victoria Street, Whitiora, Hamilton 3200 Tenancy Tribunal Case 4677689 — 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 4677689 — net $6,013.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Electricity charges	$1,244.73	Electricity charges
Window repairs	$423.40	Window repairs
Lock/key replacement	$200.00	Lock/key replacement
Repairs: Doors and frames	$650.00	Repairs: Doors and frames
Replace furnishings	$750.00	Replace furnishings
Electrical fittings replacement/repair	$470.00	Electrical fittings replacement/repair
Repairs: Repaint	$700.00	Repairs: Repaint
Repairs: Bathroom	$180.00	Repairs: Bathroom
Carpet Cleaning	$200.00	Carpet Cleaning
Pest control	$280.00	Pest control
Eviction	$200.00	Eviction
Rubbish removal	$695.00	Rubbish removal
Net award	$6,013.57
Total payable by Tenant to Landlord	$6,013.57

Claims and awards for application 4677689 — net $6,013.57 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Electricity charges

Amount: $1,244.73
Awarded to: Landlord
Reason: Electricity charges

Window repairs

Amount: $423.40
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement

Amount: $200.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Doors and frames

Amount: $650.00
Awarded to: Landlord
Reason: Repairs: Doors and frames

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Pest Control Property damage Rubbish Removal

Order

Sinead Dorothy Atawhai Heta must pay Plan Investments Limited As Agent For Owner $6,013.57 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the tenant did not.
The landlord has applied for compensation, damages, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for electricity?

The landlord sought termination of the tenancy and possession of the premises through the Tenancy Tribunal and an order was duly issued to this effect on 26 May 2023. The tenant did not leave the premises until a bailiff had been engaged and attended the property. The tenant vacated the premises on 24 July 2023. The landlord provided electricity account details which prove the amount owing at the end of the tenancy was $1,244.73.

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 left a significant amount of rubbish inside and outside the property and did not clean the property prior to leaving. Contrary to the Tenancy Agreement, a dog was evidently kept on the property. Pest control was needed to be engaged for fleas and rats, and the carpets required professional cleaning.
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 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 following damage was caused during the tenancy: a. Two windows were broken; b. The lock was removed from the front door; c. Four doors and a kitchen cupboard door were damaged beyond repair; d. A table and chairs, a sofa, and a bed and mattress needed replacing; e. A fridge was rendered inoperable; f. Several light switches and power points were smashed or damaged and needed replacing; g. Walls were graffitied and needed repainting; h. Curtains were removed; i. A heat pump remote was lost and damage was made to the outside of the heatpump; j. The lining to a bathroom wall was removed and needed replacing.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The damage and the photographs in support of the claim indicate the damage was more than careless. The landlord has therefore been unable to make an insurance claim 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.
Plan Investments Limited As Agent For Owner claims the tenant has removed with the smoke alarms.
I have not heard any evidence or information regarding the circumstances of the smoke alarm being removed. I am not persuaded that an unlawful act has been committed and that it would be just to impose exemplary damages against the tenant.
Because Plan Investments Limited As Agent For Owner has substantially succeeded with the claim I have reimbursed the filing fee.

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 4677689 — net $6,013.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Electricity charges	$1,244.73	Electricity charges
Window repairs	$423.40	Window repairs
Lock/key replacement	$200.00	Lock/key replacement
Repairs: Doors and frames	$650.00	Repairs: Doors and frames
Replace furnishings	$750.00	Replace furnishings
Electrical fittings replacement/repair	$470.00	Electrical fittings replacement/repair
Repairs: Repaint	$700.00	Repairs: Repaint
Repairs: Bathroom	$180.00	Repairs: Bathroom
Carpet Cleaning	$200.00	Carpet Cleaning
Pest control	$280.00	Pest control
Eviction	$200.00	Eviction
Rubbish removal	$695.00	Rubbish removal
Net award	$6,013.57
Total payable by Tenant to Landlord	$6,013.57

Claims and awards for application 4677689 — net $6,013.57 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Electricity charges

Amount: $1,244.73
Awarded to: Landlord
Reason: Electricity charges

Window repairs

Amount: $423.40
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement

Amount: $200.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Doors and frames

Amount: $650.00
Awarded to: Landlord
Reason: Repairs: Doors and frames

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Pest Control Property damage Rubbish Removal

Order

Sinead Dorothy Atawhai Heta must pay Plan Investments Limited As Agent For Owner $6,013.57 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the tenant did not.
The landlord has applied for compensation, damages, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for electricity?

The landlord sought termination of the tenancy and possession of the premises through the Tenancy Tribunal and an order was duly issued to this effect on 26 May 2023. The tenant did not leave the premises until a bailiff had been engaged and attended the property. The tenant vacated the premises on 24 July 2023. The landlord provided electricity account details which prove the amount owing at the end of the tenancy was $1,244.73.

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 left a significant amount of rubbish inside and outside the property and did not clean the property prior to leaving. Contrary to the Tenancy Agreement, a dog was evidently kept on the property. Pest control was needed to be engaged for fleas and rats, and the carpets required professional cleaning.
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 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 following damage was caused during the tenancy: a. Two windows were broken; b. The lock was removed from the front door; c. Four doors and a kitchen cupboard door were damaged beyond repair; d. A table and chairs, a sofa, and a bed and mattress needed replacing; e. A fridge was rendered inoperable; f. Several light switches and power points were smashed or damaged and needed replacing; g. Walls were graffitied and needed repainting; h. Curtains were removed; i. A heat pump remote was lost and damage was made to the outside of the heatpump; j. The lining to a bathroom wall was removed and needed replacing.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The damage and the photographs in support of the claim indicate the damage was more than careless. The landlord has therefore been unable to make an insurance claim 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.
Plan Investments Limited As Agent For Owner claims the tenant has removed with the smoke alarms.
I have not heard any evidence or information regarding the circumstances of the smoke alarm being removed. I am not persuaded that an unlawful act has been committed and that it would be just to impose exemplary damages against the tenant.
Because Plan Investments Limited As Agent For Owner has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4677689 — Property damage at Unit/Flat 4, 1157 Victoria Street, Whitiora, Hamilton 3200

At a glance

Tenancy Tribunal case 4677689 — Property damage at Unit/Flat 4, 1157 Victoria Street, Whitiora, Hamilton 3200

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for electricity?

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 electricity?

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