How much money was awarded in case 4710690?

2 Skip Bins: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $1,341.42 awarded to landlord; To Walls: $750.00 awarded to landlord; Replace Furnishings: Curtains: $709.40 awarded to landlord; Smoke Alarms: $114.00 awarded to landlord

What type of tenancy dispute was case 4710690?

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

Where can I read the official tribunal order for case 4710690?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10048436-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4710690?

2 Skip Bins: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $1,341.42 awarded to landlord; To Walls: $750.00 awarded to landlord; Replace Furnishings: Curtains: $709.40 awarded to landlord; Smoke Alarms: $114.00 awarded to landlord

What type of tenancy dispute was case 4710690?

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

Where can I read the official tribunal order for case 4710690?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10048436-Tenancy_Tribunal_Order.pdf.

85 Hewer Crescent, Naenae, Lower Hutt 5011 Tenancy Tribunal Case 4710690 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4710690?

The tribunal order states: Dante Taopua and Ricardo Sooialo-Hulbert must pay Simply Rentals Limited As

Order

Claims and awards in Tenancy Tribunal application 4710690 — net $4,255.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,341.42	Rent arrears
Carpet replacement	$750.00	Carpet replacement
Replacement exterior doors	$750.00	Replacement exterior doors
Repairs: to walls	$750.00	Repairs: to walls
Oven replacement	$750.00	Oven replacement
Replacement all interior doors	$750.00	Replacement all interior doors
Replace furnishings: Curtains	$709.40	Replace furnishings: Curtains
Smoke alarm replacement	$114.00	Smoke alarm replacement
2 Skip Bins	$800.00	2 Skip Bins
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 06 March 2024 __________________________________…
Net award	$4,255.26
Total payable by Tenant to Landlord	$4,255.26

Dante Taopua and Ricardo Sooialo-Hulbert must pay Simply Rentals Limited As Agent For Bradley Young $4,255.26 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,480.00 (5599504-005) to Simply Rentals Limited As Agent For Bradley Young immediately. DescriptionLandlord Rent arrears$1,341.42 Carpet replacement$750.00 Replacement exterior doors$750.00 Repairs: to walls$750.00 Oven replacement$750.00 Replacement all interior doors$750.00 Replace furnishings: Curtains$709.40 Smoke alarm replacement$114.00 2 Skip Bins$800.00 Filing fee reimbursement$20.44 Total award$6,735.26 Bond$2,480.00 Total payable by Tenant to Landlord$4,255.26

Reasons

Only the landlord 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. Rent arrears

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. There was a considerable amount of rubbish and cleaning required. Two skip bins were needed for the rubbish.

The landlord had to replace smoke alarms and batteries.

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.

There was a considerable amount of damage done to the premises. The damage to the premises was covered by the landlord’s insurance. Insurance assessed the loss through dasmage to be $49,318.56. The landlord paid five $750.00 excesses as set out in the table above.

There was the cost of replacement curtains that was not covered by insurance. The curtain loss has been depreciated by one eighth. They were one year old.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Filing Fee

Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.

Claims and awards in Tenancy Tribunal application 4710690 — net $4,255.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,341.42	Rent arrears
Carpet replacement	$750.00	Carpet replacement
Replacement exterior doors	$750.00	Replacement exterior doors
Repairs: to walls	$750.00	Repairs: to walls
Oven replacement	$750.00	Oven replacement
Replacement all interior doors	$750.00	Replacement all interior doors
Replace furnishings: Curtains	$709.40	Replace furnishings: Curtains
Smoke alarm replacement	$114.00	Smoke alarm replacement
2 Skip Bins	$800.00	2 Skip Bins
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 06 March 2024 __________________________________…
Net award	$4,255.26
Total payable by Tenant to Landlord	$4,255.26

Order

Dante Taopua and Ricardo Sooialo-Hulbert must pay Simply Rentals Limited As Agent For Bradley Young $4,255.26 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,480.00 (5599504-005) to Simply Rentals Limited As Agent For Bradley Young immediately. DescriptionLandlord Rent arrears$1,341.42 Carpet replacement$750.00 Replacement exterior doors$750.00 Repairs: to walls$750.00 Oven replacement$750.00 Replacement all interior doors$750.00 Replace furnishings: Curtains$709.40 Smoke alarm replacement$114.00 2 Skip Bins$800.00 Filing fee reimbursement$20.44 Total award$6,735.26 Bond$2,480.00 Total payable by Tenant to Landlord$4,255.26

Reasons

Only the landlord 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. Rent arrears
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. There was a considerable amount of rubbish and cleaning required. Two skip bins were needed for the rubbish.
The landlord had to replace smoke alarms and batteries.
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.
There was a considerable amount of damage done to the premises. The damage to the premises was covered by the landlord’s insurance. Insurance assessed the loss through dasmage to be $49,318.56. The landlord paid five $750.00 excesses as set out in the table above.
There was the cost of replacement curtains that was not covered by insurance. The curtain loss has been depreciated by one eighth. They were one year old.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.

Tenancy Tribunal case 4710690 — Property damage at 85 Hewer Crescent, Naenae, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4710690 — Property damage at 85 Hewer Crescent, Naenae, Lower Hutt 5011

At a glance

Award balance

Claims & awards

Order

Reasons

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

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