What was Tenancy Tribunal case 4682609 about?

The tribunal order states: Patricia Maxwell-Collier must pay [The landlord/s] $7,419.87 immediately,

How much money was awarded in case 4682609?

Cleaning: $330.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $184.28 awarded to landlord; Rent Owed: $4,505.71 awarded to landlord; to the door and door jamb - material…: $411.75 awarded to landlord; Smoke Alarms: $25.00 awarded to landlord; Rubbish Removal: $490.00 awarded to landlord; Property Damage: $688.24 awarded to landlord; Property Damage: $764.45 awarded to landlord

What type of tenancy dispute was case 4682609?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4682609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9687417-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4682609 about?

The tribunal order states: Patricia Maxwell-Collier must pay [The landlord/s] $7,419.87 immediately,

How much money was awarded in case 4682609?

Cleaning: $330.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $184.28 awarded to landlord; Rent Owed: $4,505.71 awarded to landlord; to the door and door jamb - material…: $411.75 awarded to landlord; Smoke Alarms: $25.00 awarded to landlord; Rubbish Removal: $490.00 awarded to landlord; Property Damage: $688.24 awarded to landlord; Property Damage: $764.45 awarded to landlord

What type of tenancy dispute was case 4682609?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4682609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9687417-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4682609 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4682609 — net $7,419.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 16 July 2023 - date of eviction	$4,505.71	Rent owed to 16 July 2023 - date of eviction
Repairs: to the door and door jamb - materials and 3 hours labour	$411.75	Repairs: to the door and door jamb - materials and 3 hours labour
Replace smoke alarms: x 1	$25.00	Replace smoke alarms: x 1
Cleaning	$330.00	Cleaning
Rubbish removal	$490.00	Rubbish removal
Lock/key replacement	$184.28	Lock/key replacement
Window repairs: x 5 at the end of the tenancy	$764.45	Window repairs: x 5 at the end of the tenancy
Window repairs: x 1 during the tenancy	$688.24	Window repairs: x 1 during the tenancy
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,419.87
Total payable by Tenant to Landlord	$7,419.87

The landlord attended the hearing.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16 July 29023 when the bailiff went to the house. The landlord provided rent records which prove the amount owing at the end of the tenancy. This order incorporates the previous monetary order made on 6 June 2023 under application [2023] NZTT 4546639.

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 (RTA).

The landlord provided me with photos taken at the end of the tenancy. I can see the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. I have allowed a slightly reduced amount for cleaning because the photos do not support the full amount claimed.

The locks had to be changed as part of the bailiff’s process.

The landlord has proved that one smoke alarm was missing at the end of the tenancy.

The claim for light bulbs is not allowed because none of the light bulbs are standard bulbs.

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.

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.

There was damage caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. It seems most likely to me the damage was intentional damage because of the number of repairs needed. I have allowed the full amount claimed for repairing the broken windows. The amount allowed for repairing the door has been estimated because the invoice contained other work done at the same time.

The amounts ordered are proved. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord’s application for suppression is allowed because the landlord is the most successful party.

Claims and awards in Tenancy Tribunal application 4682609 — net $7,419.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed to 16 July 2023 - date of eviction	$4,505.71	Rent owed to 16 July 2023 - date of eviction
Repairs: to the door and door jamb - materials and 3 hours labour	$411.75	Repairs: to the door and door jamb - materials and 3 hours labour
Replace smoke alarms: x 1	$25.00	Replace smoke alarms: x 1
Cleaning	$330.00	Cleaning
Rubbish removal	$490.00	Rubbish removal
Lock/key replacement	$184.28	Lock/key replacement
Window repairs: x 5 at the end of the tenancy	$764.45	Window repairs: x 5 at the end of the tenancy
Window repairs: x 1 during the tenancy	$688.24	Window repairs: x 1 during the tenancy
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,419.87
Total payable by Tenant to Landlord	$7,419.87

Order

Patricia Maxwell-Collier must pay [The landlord/s] $7,419.87 immediately, calculated as shown in table below.
All other claims are dismissed.
This order incorporates the previous monetary order made on 6 June 2023 under application [2023] NZTT 4546639.

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16 July 29023 when the bailiff went to the house. The landlord provided rent records which prove the amount owing at the end of the tenancy. This order incorporates the previous monetary order made on 6 June 2023 under application [2023] NZTT 4546639.

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 (RTA).
The landlord provided me with photos taken at the end of the tenancy. I can see the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. I have allowed a slightly reduced amount for cleaning because the photos do not support the full amount claimed.
The locks had to be changed as part of the bailiff’s process.
The landlord has proved that one smoke alarm was missing at the end of the tenancy.
The claim for light bulbs is not allowed because none of the light bulbs are standard bulbs.
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.
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.
There was damage caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. It seems most likely to me the damage was intentional damage because of the number of repairs needed. I have allowed the full amount claimed for repairing the broken windows. The amount allowed for repairing the door has been estimated because the invoice contained other work done at the same time.
The amounts ordered are proved. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party.

Tenancy Tribunal case 4682609 — Property damage

At a glance

Tenancy Tribunal case 4682609 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

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

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

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

Frequently asked questions