What was the outcome of Tenancy Tribunal case 4712410?

The tribunal order states: Tanisha Durham and Rikihana Mcleay to pay Property Brokers Limited $1,744.76

How much money was awarded in case 4712410?

Cleaning: $230.00 awarded to landlord; Cleaning: $120.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $97.75 awarded to landlord; Rent Arrears: $2,828.57 awarded to landlord; Rubbish Removal: $126.50 awarded to landlord; Two Holes: $120.75 awarded to landlord

What type of tenancy dispute was case 4712410?

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

Where can I read the official tribunal order for case 4712410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9876418-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4712410?

The tribunal order states: Tanisha Durham and Rikihana Mcleay to pay Property Brokers Limited $1,744.76

How much money was awarded in case 4712410?

Cleaning: $230.00 awarded to landlord; Cleaning: $120.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $97.75 awarded to landlord; Rent Arrears: $2,828.57 awarded to landlord; Rubbish Removal: $126.50 awarded to landlord; Two Holes: $120.75 awarded to landlord

What type of tenancy dispute was case 4712410?

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

Where can I read the official tribunal order for case 4712410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9876418-Tribunal_Order.pdf.

21 Berwick Place, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 4712410 — Rent arrears

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21 Berwick Place, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 4712410 — 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 4712410. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent Arrears to 16 September 2023	$2,828.57	Rent Arrears to 16 September 2023
Professional Carpet Cleaning	$230.00	Professional Carpet Cleaning
Oven Cleaning	$120.75	Oven Cleaning
Rubbish Removal	$126.50	Rubbish Removal
Two Holes	$120.75	Two Holes
Wardrobe Repairs	$97.75	Wardrobe Repairs
Application Filing Fee	$20.44	Application Filing Fee

Claims and awards for application 4712410. Verify on MoJ.

Rent Arrears to 16 September 2023

Amount: $2,828.57
Awarded to: Landlord
Reason: Rent Arrears to 16 September 2023

Professional Carpet Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Professional Carpet Cleaning

Oven Cleaning

Amount: $120.75
Awarded to: Landlord
Reason: Oven Cleaning

Rubbish Removal

Amount: $126.50
Awarded to: Landlord
Reason: Rubbish Removal

Two Holes

Amount: $120.75
Awarded to: Landlord
Reason: Two Holes

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Tanisha Durham and Rikihana Mcleay to pay Property Brokers Limited $1,744.76 calculated as follows: DescriptionLandlord Rent Arrears to 16 September 2023$2,828.57 Professional Carpet Cleaning$230.00 Oven Cleaning$120.75 Rubbish Removal$126.50 Two Holes$120.75 Wardrobe Repairs$97.75 Application Filing Fee$20.44 Total award$3,544.76 Minus Bond$1,800.00 Tenant to pay$1,744.76
Bond Services is to pay Property Brokers Limited the full bond of $1,800.00.

Reasons

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.

How much is owed for rent?

The tenancy ended on 16 September 2023. The Landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $2,828.57

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: s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The Landlord claims the following amounts: a. Carpet cleaning: $230.00 b. Ceiling Mould clean: $120.75 c. Oven clean: $120.75 d. Rubbish removal: $126.50
A professional carpet clean was required because the carpet were left dirty by the Tenant, ingrained with dirt and other organic material which could not be removed by vacuuming. I approve the Landlord’s claim for professional carpet cleaning: $230.00
The Landlord claims the Tenant did not clean mould from the ceiling. The property manager says the mould was easily removed but did not know whether it had returned or not in the subsequent tenancy. There is a healthy homes assessment report on the file which indicates the home does not comply with the moisture and drainage standards, or the draught stopping standard. These shortfalls will, on balance, contribute to damp conditions in the property, and mould growth. I decline this claim.
The Tenant did not clean the oven. I am satisfied on the Landlord’s evidence that this claim is established, and I approve it: $120.75.
The Tenant left rubbish at the property. I am satisfied on the Landlord’s evidence that this claim is established, and I approve it: $126.50

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: a. Two holes in the interior walls: The Tenant accepted responsibility for these, the property manager stated. The damage is more than fair wear and tear, and the Tenant has not disproved liability for the damage. I approve the cost of wall repairs: $120.75 b. Damaged wardrobe doors: The Tenant accepted responsibility for the damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I approve the cost of these repairs: $97.75
The amounts ordered are proved.
Because Property Brokers Waikato Limited As Agent For Nic And Lorraine Brown has wholly succeeded with the claim I must reimburse the filing fee. Corrigendum
I have amended the Order to include Rent Arrears in the Award Calculation at Paragraph 1 of the Order.

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 4712410. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent Arrears to 16 September 2023	$2,828.57	Rent Arrears to 16 September 2023
Professional Carpet Cleaning	$230.00	Professional Carpet Cleaning
Oven Cleaning	$120.75	Oven Cleaning
Rubbish Removal	$126.50	Rubbish Removal
Two Holes	$120.75	Two Holes
Wardrobe Repairs	$97.75	Wardrobe Repairs
Application Filing Fee	$20.44	Application Filing Fee

Claims and awards for application 4712410. Verify on MoJ.

Rent Arrears to 16 September 2023

Amount: $2,828.57
Awarded to: Landlord
Reason: Rent Arrears to 16 September 2023

Professional Carpet Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Professional Carpet Cleaning

Oven Cleaning

Amount: $120.75
Awarded to: Landlord
Reason: Oven Cleaning

Rubbish Removal

Amount: $126.50
Awarded to: Landlord
Reason: Rubbish Removal

Two Holes

Amount: $120.75
Awarded to: Landlord
Reason: Two Holes

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Tanisha Durham and Rikihana Mcleay to pay Property Brokers Limited $1,744.76 calculated as follows: DescriptionLandlord Rent Arrears to 16 September 2023$2,828.57 Professional Carpet Cleaning$230.00 Oven Cleaning$120.75 Rubbish Removal$126.50 Two Holes$120.75 Wardrobe Repairs$97.75 Application Filing Fee$20.44 Total award$3,544.76 Minus Bond$1,800.00 Tenant to pay$1,744.76
Bond Services is to pay Property Brokers Limited the full bond of $1,800.00.

Reasons

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.

How much is owed for rent?

The tenancy ended on 16 September 2023. The Landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $2,828.57

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: s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The Landlord claims the following amounts: a. Carpet cleaning: $230.00 b. Ceiling Mould clean: $120.75 c. Oven clean: $120.75 d. Rubbish removal: $126.50
A professional carpet clean was required because the carpet were left dirty by the Tenant, ingrained with dirt and other organic material which could not be removed by vacuuming. I approve the Landlord’s claim for professional carpet cleaning: $230.00
The Landlord claims the Tenant did not clean mould from the ceiling. The property manager says the mould was easily removed but did not know whether it had returned or not in the subsequent tenancy. There is a healthy homes assessment report on the file which indicates the home does not comply with the moisture and drainage standards, or the draught stopping standard. These shortfalls will, on balance, contribute to damp conditions in the property, and mould growth. I decline this claim.
The Tenant did not clean the oven. I am satisfied on the Landlord’s evidence that this claim is established, and I approve it: $120.75.
The Tenant left rubbish at the property. I am satisfied on the Landlord’s evidence that this claim is established, and I approve it: $126.50

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: a. Two holes in the interior walls: The Tenant accepted responsibility for these, the property manager stated. The damage is more than fair wear and tear, and the Tenant has not disproved liability for the damage. I approve the cost of wall repairs: $120.75 b. Damaged wardrobe doors: The Tenant accepted responsibility for the damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I approve the cost of these repairs: $97.75
The amounts ordered are proved.
Because Property Brokers Waikato Limited As Agent For Nic And Lorraine Brown has wholly succeeded with the claim I must reimburse the filing fee. Corrigendum
I have amended the Order to include Rent Arrears in the Award Calculation at Paragraph 1 of the Order.

Tenancy Tribunal case 4712410 — Rent arrears at 21 Berwick Place, Tokoroa, Tokoroa 3420

At a glance

Tenancy Tribunal case 4712410 — Rent arrears at 21 Berwick Place, Tokoroa, Tokoroa 3420

At a glance

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

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