What was the outcome of Tenancy Tribunal case 4698289?

The tribunal order states: Hine Ataahua Robyn Leigh Warena and Taylor Paranihi-Tarr must pay Talk

How much money was awarded in case 4698289?

Rubbish Removal: $3,910.00 awarded to landlord; Cleaning: $1,932.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $97.75 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $561.00 awarded to landlord; Rent Arrears: $2,147.64 awarded to landlord; Walls and Doors: $684.25 awarded to landlord

What type of tenancy dispute was case 4698289?

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

Where can I read the official tribunal order for case 4698289?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9660397-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4698289?

The tribunal order states: Hine Ataahua Robyn Leigh Warena and Taylor Paranihi-Tarr must pay Talk

How much money was awarded in case 4698289?

Rubbish Removal: $3,910.00 awarded to landlord; Cleaning: $1,932.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $97.75 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $561.00 awarded to landlord; Rent Arrears: $2,147.64 awarded to landlord; Walls and Doors: $684.25 awarded to landlord

What type of tenancy dispute was case 4698289?

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

Where can I read the official tribunal order for case 4698289?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9660397-Tenancy_Tribunal_Order.pdf.

60 Puataata Road, Turangi, Turangi 3334 Tenancy Tribunal Case 4698289 — Rent arrears

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60 Puataata Road, Turangi, Turangi 3334 Tenancy Tribunal Case 4698289 — 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 4698289 — net $8,273.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/10/2023	$2,147.64	Rent arrears to 16/10/2023
Repairs to shower - insurance excess	$550.00	Repairs to shower - insurance excess
Lock/key replacement	$561.00	Lock/key replacement
Lawns and Garden work	$97.75	Lawns and Garden work
Repairs: walls and doors	$684.25	Repairs: walls and doors
Cleaning: interior including carpets	$1,932.00	Cleaning: interior including carpets
Cleaning: exterior and carcass and rubbish removal	$3,910.00	Cleaning: exterior and carcass and rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,273.08
Total payable by Tenant to Landlord	$8,273.08

Claims and awards for application 4698289 — net $8,273.08 NZD. Verify on MoJ.

Rent arrears to 16/10/2023

Amount: $2,147.64
Awarded to: Landlord
Reason: Rent arrears to 16/10/2023

Repairs to shower - insurance excess

Amount: $550.00
Awarded to: Landlord
Reason: Repairs to shower - insurance excess

Lock/key replacement

Amount: $561.00
Awarded to: Landlord
Reason: Lock/key replacement

Lawns and Garden work

Amount: $97.75
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: walls and doors

Amount: $684.25
Awarded to: Landlord
Reason: Repairs: walls and doors

Claim types — money lines allowed on this order

Rubbish Removal Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

Hine Ataahua Robyn Leigh Warena and Taylor Paranihi-Tarr must pay Talk Property Limited As Agent For Suzette Flight $8,273.08 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,630.00 (3206757-016) to Talk Property Limited As Agent For Suzette Flight immediately.

Reasons

Only the applicant landlord (property manager and owner) 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 16/10/2023. The landlord provided rent records 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 interior and exterior of the property were left with animal faeces and carcasses throughout, the dead animals needed to be taken from Turangi to Taupo to be disposed of as there is no facility for this in Turangi.
The tenant did not return the keys.
The lawns and grounds were extensively 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: the shower was damaged when the tenants fell onto a wall breaking it, there were holes in walls and doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The insurer has covered the cost of the shower repairs so the excess is awarded. The cost of repairs to the walls and doors is awarded. Insurance was not claimed as the amount per repair was less than the excess.
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. Exemplary damages claim
Talk Property Limited As Agent For Suzette Flight claims exemplary damages on the basis that the number of people living at the premises exceeds the maximum number allowed in the tenancy agreement.
Where the tenancy agreement specifies the maximum number of persons that may ordinarily reside in the premises during the tenancy, the tenant must ensure that the number is not exceeded. See section 40(3) Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,000.00. See section 40(3A)(e) and Schedule 1A Residential Tenancies Act 1986.
The tenancy agreement specifies that the maximum number of three people may live in the premises during the tenancy.
It is likely this requirement was exceeded towards the end of the tenancy and the additional occupant was in fact the author of a considerable amount of the less discovered at the end of the tenancy.
A 14-day notice was served on 6/10/2023 but the tenancy ended before the expiry of the 14 day notice on 21/10. No real evidence that the additional occupant had moved in permanently and was refusing to leave, despite the breach notice, was provided.
There is not the required element of intention or permanent occupation required, over this short time, before exemplary damages would be awarded.
The tenants are to pay the filing fee and their names are to be published.
The set of photographs and the evidence provided confirming the filthy condition of the property at the end of the tenancy, including dead animal carcasses from animals being slaughtered there, and faeces throughout the house from dogs locked inside were among some of the most graphic imaginable. The owner’s distress at the level of damage to their property was apparent and understandable.
The compensation awarded is high but appropriate in the circumstances.

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 4698289 — net $8,273.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/10/2023	$2,147.64	Rent arrears to 16/10/2023
Repairs to shower - insurance excess	$550.00	Repairs to shower - insurance excess
Lock/key replacement	$561.00	Lock/key replacement
Lawns and Garden work	$97.75	Lawns and Garden work
Repairs: walls and doors	$684.25	Repairs: walls and doors
Cleaning: interior including carpets	$1,932.00	Cleaning: interior including carpets
Cleaning: exterior and carcass and rubbish removal	$3,910.00	Cleaning: exterior and carcass and rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,273.08
Total payable by Tenant to Landlord	$8,273.08

Claims and awards for application 4698289 — net $8,273.08 NZD. Verify on MoJ.

Rent arrears to 16/10/2023

Amount: $2,147.64
Awarded to: Landlord
Reason: Rent arrears to 16/10/2023

Repairs to shower - insurance excess

Amount: $550.00
Awarded to: Landlord
Reason: Repairs to shower - insurance excess

Lock/key replacement

Amount: $561.00
Awarded to: Landlord
Reason: Lock/key replacement

Lawns and Garden work

Amount: $97.75
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: walls and doors

Amount: $684.25
Awarded to: Landlord
Reason: Repairs: walls and doors

Claim types — money lines allowed on this order

Rubbish Removal Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears

Order

Hine Ataahua Robyn Leigh Warena and Taylor Paranihi-Tarr must pay Talk Property Limited As Agent For Suzette Flight $8,273.08 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,630.00 (3206757-016) to Talk Property Limited As Agent For Suzette Flight immediately.

Reasons

Only the applicant landlord (property manager and owner) 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 16/10/2023. The landlord provided rent records 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 interior and exterior of the property were left with animal faeces and carcasses throughout, the dead animals needed to be taken from Turangi to Taupo to be disposed of as there is no facility for this in Turangi.
The tenant did not return the keys.
The lawns and grounds were extensively 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: the shower was damaged when the tenants fell onto a wall breaking it, there were holes in walls and doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The insurer has covered the cost of the shower repairs so the excess is awarded. The cost of repairs to the walls and doors is awarded. Insurance was not claimed as the amount per repair was less than the excess.
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. Exemplary damages claim
Talk Property Limited As Agent For Suzette Flight claims exemplary damages on the basis that the number of people living at the premises exceeds the maximum number allowed in the tenancy agreement.
Where the tenancy agreement specifies the maximum number of persons that may ordinarily reside in the premises during the tenancy, the tenant must ensure that the number is not exceeded. See section 40(3) Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,000.00. See section 40(3A)(e) and Schedule 1A Residential Tenancies Act 1986.
The tenancy agreement specifies that the maximum number of three people may live in the premises during the tenancy.
It is likely this requirement was exceeded towards the end of the tenancy and the additional occupant was in fact the author of a considerable amount of the less discovered at the end of the tenancy.
A 14-day notice was served on 6/10/2023 but the tenancy ended before the expiry of the 14 day notice on 21/10. No real evidence that the additional occupant had moved in permanently and was refusing to leave, despite the breach notice, was provided.
There is not the required element of intention or permanent occupation required, over this short time, before exemplary damages would be awarded.
The tenants are to pay the filing fee and their names are to be published.
The set of photographs and the evidence provided confirming the filthy condition of the property at the end of the tenancy, including dead animal carcasses from animals being slaughtered there, and faeces throughout the house from dogs locked inside were among some of the most graphic imaginable. The owner’s distress at the level of damage to their property was apparent and understandable.
The compensation awarded is high but appropriate in the circumstances.

Tenancy Tribunal case 4698289 — Rent arrears at 60 Puataata Road, Turangi, Turangi 3334

At a glance

Tenancy Tribunal case 4698289 — Rent arrears at 60 Puataata Road, Turangi, Turangi 3334

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