What was the outcome of Tenancy Tribunal case 4719249?

The tribunal order states: Selwyn Wairi must pay Inspire Property Management Limited As Agent For

How much money was awarded in case 4719249?

Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,304.29 awarded to landlord; Rubbish Removal: $470.00 awarded to landlord; Walls and Doors: $700.00 awarded to landlord

What type of tenancy dispute was case 4719249?

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

Where can I read the official tribunal order for case 4719249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9820315-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4719249?

The tribunal order states: Selwyn Wairi must pay Inspire Property Management Limited As Agent For

How much money was awarded in case 4719249?

Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,304.29 awarded to landlord; Rubbish Removal: $470.00 awarded to landlord; Walls and Doors: $700.00 awarded to landlord

What type of tenancy dispute was case 4719249?

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

Where can I read the official tribunal order for case 4719249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9820315-Tenancy_Tribunal_Order.pdf.

10B Pharoah Place, Pomare, Rotorua 3015 Tenancy Tribunal Case 4719249 — Rent arrears

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10B Pharoah Place, Pomare, Rotorua 3015 Tenancy Tribunal Case 4719249 — 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 4719249 — net $3,004.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to20/11/2023	$3,304.29	Rent arrears to20/11/2023
Rubbish removal	$470.00	Rubbish removal
Cleaning	$350.00	Cleaning
Repairs to walls and doors	$700.00	Repairs to walls and doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,004.73
Total payable by Tenant to Landlord	$3,004.73

Claims and awards for application 4719249 — net $3,004.73 NZD. Verify on MoJ.

Rent arrears to20/11/2023

Amount: $3,304.29
Awarded to: Landlord
Reason: Rent arrears to20/11/2023

Rubbish removal

Amount: $470.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Repairs to walls and doors

Amount: $700.00
Awarded to: Landlord
Reason: Repairs to walls and doors

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal Property damage

Order

Selwyn Wairi must pay Inspire Property Management Limited As Agent For Investment Construction Ltd $3,004.73 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,840.00 (3544410-004) to Inspire Property Management Limited As Agent For Investment Construction Ltd immediately.

Reasons

Only the applicant 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 20/11/2023. 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 tenant did not return the keys but the landlord said the owner had decided to change the locks anyway and did not claim for the cost of changing the locks.
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.
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 total of 17 holes in walls and doors occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. As the owner had decided to renovate the amount claimed is a contribution to the cost of restoring the surfaces and is a very reasonable approach given the extent of the damage.
I have not taken into account betterment and depreciation as the amount awarded is for repairs only.
The tenant is to pay the filing fee as the application is successful.

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 4719249 — net $3,004.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to20/11/2023	$3,304.29	Rent arrears to20/11/2023
Rubbish removal	$470.00	Rubbish removal
Cleaning	$350.00	Cleaning
Repairs to walls and doors	$700.00	Repairs to walls and doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,004.73
Total payable by Tenant to Landlord	$3,004.73

Claims and awards for application 4719249 — net $3,004.73 NZD. Verify on MoJ.

Rent arrears to20/11/2023

Amount: $3,304.29
Awarded to: Landlord
Reason: Rent arrears to20/11/2023

Rubbish removal

Amount: $470.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Repairs to walls and doors

Amount: $700.00
Awarded to: Landlord
Reason: Repairs to walls and doors

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal Property damage

Order

Selwyn Wairi must pay Inspire Property Management Limited As Agent For Investment Construction Ltd $3,004.73 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,840.00 (3544410-004) to Inspire Property Management Limited As Agent For Investment Construction Ltd immediately.

Reasons

Only the applicant 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 20/11/2023. 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 tenant did not return the keys but the landlord said the owner had decided to change the locks anyway and did not claim for the cost of changing the locks.
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.
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 total of 17 holes in walls and doors occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. As the owner had decided to renovate the amount claimed is a contribution to the cost of restoring the surfaces and is a very reasonable approach given the extent of the damage.
I have not taken into account betterment and depreciation as the amount awarded is for repairs only.
The tenant is to pay the filing fee as the application is successful.

Tenancy Tribunal case 4719249 — Rent arrears at 10B Pharoah Place, Pomare, Rotorua 3015

At a glance

Tenancy Tribunal case 4719249 — Rent arrears at 10B Pharoah Place, Pomare, Rotorua 3015

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