What was the outcome of Tenancy Tribunal case 4706191?

The tribunal order states: Cheetah Maria Muraahi and Guy Rawiri must pay Quan Shu $13,688.43

How much money was awarded in case 4706191?

Cleaning: $1,560.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $500.00 awarded to landlord; Previous Order Application 4642646 D…: $4,806.15 awarded to landlord; Property Damage: $334.50 awarded to landlord; Rent Arrears: $2,499.99 awarded to landlord; kitchen cupboard and hot water cylin…: $167.35 awarded to landlord; To Carport Steel: $300.00 awarded to landlord; To Doors: $725.00 awarded to landlord; To Oven: $300.00 awarded to landlord; To Walls: $1,735.00 awarded to landlord; Replace Toilet Seat: $40.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord

What type of tenancy dispute was case 4706191?

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

Where can I read the official tribunal order for case 4706191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9647480-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4706191?

The tribunal order states: Cheetah Maria Muraahi and Guy Rawiri must pay Quan Shu $13,688.43

How much money was awarded in case 4706191?

Cleaning: $1,560.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $500.00 awarded to landlord; Previous Order Application 4642646 D…: $4,806.15 awarded to landlord; Property Damage: $334.50 awarded to landlord; Rent Arrears: $2,499.99 awarded to landlord; kitchen cupboard and hot water cylin…: $167.35 awarded to landlord; To Carport Steel: $300.00 awarded to landlord; To Doors: $725.00 awarded to landlord; To Oven: $300.00 awarded to landlord; To Walls: $1,735.00 awarded to landlord; Replace Toilet Seat: $40.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord

What type of tenancy dispute was case 4706191?

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

Where can I read the official tribunal order for case 4706191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9647480-Tenancy_Tribunal_Order.pdf.

638B Te Ngae Road, Owhata, Rotorua 3010 Tenancy Tribunal Case 4706191 — Property damage

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638B Te Ngae Road, Owhata, Rotorua 3010 Tenancy Tribunal Case 4706191 — 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 4706191 — net $13,688.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 30/8/2023 to 4/10/2023	$2,499.99	Rent arrears 30/8/2023 to 4/10/2023
Previous order application 4642646 dated 30/08/2023	$4,806.15	Previous order application 4642646 dated 30/08/2023
Cleaning	$1,560.00	Cleaning
Rubbish removal	$700.00	Rubbish removal
Lawns and Garden work	$500.00	Lawns and Garden work
Repairs: to walls	$1,735.00	Repairs: to walls
Repairs: to doors	$725.00	Repairs: to doors
Repairs: to oven	$300.00	Repairs: to oven
Lock/key replacement	$334.50	Lock/key replacement
Repairs: kitchen cupboard and hot water cylinder doors	$167.35	Repairs: kitchen cupboard and hot water cylinder doors
Replace toilet seat	$40.00	Replace toilet seat
Repairs: to carport steel	$300.00	Repairs: to carport steel
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$13,688.43
Total payable by Tenant to Landlord	$13,688.43

Claims and awards for application 4706191 — net $13,688.43 NZD. Verify on MoJ.

Rent arrears 30/8/2023 to 4/10/2023

Amount: $2,499.99
Awarded to: Landlord
Reason: Rent arrears 30/8/2023 to 4/10/2023

Previous order application 4642646 dated 30/08/2023

Amount: $4,806.15
Awarded to: Landlord
Reason: Previous order application 4642646 dated 30/08/2023

Cleaning

Amount: $1,560.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $700.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $500.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

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

Order

Cheetah Maria Muraahi and Guy Rawiri must pay Quan Shu $13,688.43 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 30 August 2023 under application 4642646.

Reasons

Only the applciant 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?

On 30/8/2023 the Tribunal made an order relating to this tenancy, for rent arrears to 30/8/2023 and a possession order ending the tenancy. The previous order is incorporated into this order for enforcement purposes.
The tenancy did not end until 4/10/2023 when the Bailiff enforced the possession order. 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 tenant did not return the keys. The locks were damaged. The lawns and gardens were very overgrown as they had not been attended to at all for the duration of the tenancy.
The toilet seat 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.
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: several walls and doors were damaged. The oven was damaged, and the carport frame had been hit by a car. Two cupboard doors had been removed from their hinges.
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. I accept the landlord evidence that the property was freshly decorated and in good condition at the beginning of the tenancy and that the amounts ordered are for repair costs only.
Because Quan Shu has wholly succeeded with the claim I must reimburse 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 4706191 — net $13,688.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 30/8/2023 to 4/10/2023	$2,499.99	Rent arrears 30/8/2023 to 4/10/2023
Previous order application 4642646 dated 30/08/2023	$4,806.15	Previous order application 4642646 dated 30/08/2023
Cleaning	$1,560.00	Cleaning
Rubbish removal	$700.00	Rubbish removal
Lawns and Garden work	$500.00	Lawns and Garden work
Repairs: to walls	$1,735.00	Repairs: to walls
Repairs: to doors	$725.00	Repairs: to doors
Repairs: to oven	$300.00	Repairs: to oven
Lock/key replacement	$334.50	Lock/key replacement
Repairs: kitchen cupboard and hot water cylinder doors	$167.35	Repairs: kitchen cupboard and hot water cylinder doors
Replace toilet seat	$40.00	Replace toilet seat
Repairs: to carport steel	$300.00	Repairs: to carport steel
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$13,688.43
Total payable by Tenant to Landlord	$13,688.43

Claims and awards for application 4706191 — net $13,688.43 NZD. Verify on MoJ.

Rent arrears 30/8/2023 to 4/10/2023

Amount: $2,499.99
Awarded to: Landlord
Reason: Rent arrears 30/8/2023 to 4/10/2023

Previous order application 4642646 dated 30/08/2023

Amount: $4,806.15
Awarded to: Landlord
Reason: Previous order application 4642646 dated 30/08/2023

Cleaning

Amount: $1,560.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $700.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $500.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

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

Order

Cheetah Maria Muraahi and Guy Rawiri must pay Quan Shu $13,688.43 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 30 August 2023 under application 4642646.

Reasons

Only the applciant 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?

On 30/8/2023 the Tribunal made an order relating to this tenancy, for rent arrears to 30/8/2023 and a possession order ending the tenancy. The previous order is incorporated into this order for enforcement purposes.
The tenancy did not end until 4/10/2023 when the Bailiff enforced the possession order. 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 tenant did not return the keys. The locks were damaged. The lawns and gardens were very overgrown as they had not been attended to at all for the duration of the tenancy.
The toilet seat 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.
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: several walls and doors were damaged. The oven was damaged, and the carport frame had been hit by a car. Two cupboard doors had been removed from their hinges.
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. I accept the landlord evidence that the property was freshly decorated and in good condition at the beginning of the tenancy and that the amounts ordered are for repair costs only.
Because Quan Shu has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4706191 — Property damage at 638B Te Ngae Road, Owhata, Rotorua 3010

At a glance

Tenancy Tribunal case 4706191 — Property damage at 638B Te Ngae Road, Owhata, Rotorua 3010

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