What was the outcome of Tenancy Tribunal case 4697609?

The tribunal order states: Moana Joelene Mason must pay Mark John Davie $1,716.87 immediately,

How much money was awarded in case 4697609?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $151.40 awarded to landlord; Property Damage: $33.03 awarded to landlord; Rent Arrears: $1,312.00 awarded to landlord

What type of tenancy dispute was case 4697609?

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

Where can I read the official tribunal order for case 4697609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9593129-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4697609?

The tribunal order states: Moana Joelene Mason must pay Mark John Davie $1,716.87 immediately,

How much money was awarded in case 4697609?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $151.40 awarded to landlord; Property Damage: $33.03 awarded to landlord; Rent Arrears: $1,312.00 awarded to landlord

What type of tenancy dispute was case 4697609?

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

Where can I read the official tribunal order for case 4697609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9593129-Tenancy_Tribunal_Order.pdf.

13 Mallard Drive, Outram, RD1, Clutha 9073 Tenancy Tribunal Case 4697609 — Rent arrears

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13 Mallard Drive, Outram, RD1, Clutha 9073 Tenancy Tribunal Case 4697609 — Rent arrears | 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 4697609 — net $1,716.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/2/2023	$1,312.00	Rent arrears to 26/2/2023
Cleaning	$200.00	Cleaning
Repairs and painting of walls	$151.40	Repairs and painting of walls
Replacement oven tray	$33.03	Replacement oven tray
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,716.87
Total payable by Tenant to Landlord	$1,716.87

Claims and awards for application 4697609 — net $1,716.87 NZD. Verify on MoJ.

Rent arrears to 26/2/2023

Amount: $1,312.00
Awarded to: Landlord
Reason: Rent arrears to 26/2/2023

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Repairs and painting of walls

Amount: $151.40
Awarded to: Landlord
Reason: Repairs and painting of walls

Replacement oven tray

Amount: $33.03
Awarded to: Landlord
Reason: Replacement oven tray

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Moana Joelene Mason must pay Mark John Davie $1,716.87 immediately, calculated as shown in table below.

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 26/2/2023.
The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy, after refund of the bond.

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.
The landlord sought compensation for cleaning and replacement of an oven tray.
In support of the claim the landlord provided an exit inspection report dated 21/2/2023 and photographs.
I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
In addition, an oven tray was missing at the end of the tenancy.
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 landlord claimed compensation for paint touch up damage to walls.
I am satisfied that damage was caused during the tenancy to several walls.
The damage is more than fair wear and tear.
The amount ordered are proved.
As Mark John Davie has wholly succeeded with the claim I must award 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 4697609 — net $1,716.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/2/2023	$1,312.00	Rent arrears to 26/2/2023
Cleaning	$200.00	Cleaning
Repairs and painting of walls	$151.40	Repairs and painting of walls
Replacement oven tray	$33.03	Replacement oven tray
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,716.87
Total payable by Tenant to Landlord	$1,716.87

Claims and awards for application 4697609 — net $1,716.87 NZD. Verify on MoJ.

Rent arrears to 26/2/2023

Amount: $1,312.00
Awarded to: Landlord
Reason: Rent arrears to 26/2/2023

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Repairs and painting of walls

Amount: $151.40
Awarded to: Landlord
Reason: Repairs and painting of walls

Replacement oven tray

Amount: $33.03
Awarded to: Landlord
Reason: Replacement oven tray

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Moana Joelene Mason must pay Mark John Davie $1,716.87 immediately, calculated as shown in table below.

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 26/2/2023.
The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy, after refund of the bond.

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.
The landlord sought compensation for cleaning and replacement of an oven tray.
In support of the claim the landlord provided an exit inspection report dated 21/2/2023 and photographs.
I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
In addition, an oven tray was missing at the end of the tenancy.
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 landlord claimed compensation for paint touch up damage to walls.
I am satisfied that damage was caused during the tenancy to several walls.
The damage is more than fair wear and tear.
The amount ordered are proved.
As Mark John Davie has wholly succeeded with the claim I must award the filing fee.

Tenancy Tribunal case 4697609 — Rent arrears at 13 Mallard Drive, Outram, RD1, Clutha 9073

At a glance

Tenancy Tribunal case 4697609 — Rent arrears at 13 Mallard Drive, Outram, RD1, Clutha 9073

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

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

Frequently asked questions