What was the outcome of Tenancy Tribunal case 4720775?

The tribunal order states: Makayla Jayne Darling must pay The Rent Shop Limited as agent for Daniel &

How much money was awarded in case 4720775?

Cleaning: $1,150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,671.43 awarded to landlord; Rubbish Removal: $910.70 awarded to landlord; Walls and Doors: $1,840.00 awarded to landlord

What type of tenancy dispute was case 4720775?

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

Where can I read the official tribunal order for case 4720775?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9608352-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4720775?

The tribunal order states: Makayla Jayne Darling must pay The Rent Shop Limited as agent for Daniel &

How much money was awarded in case 4720775?

Cleaning: $1,150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,671.43 awarded to landlord; Rubbish Removal: $910.70 awarded to landlord; Walls and Doors: $1,840.00 awarded to landlord

What type of tenancy dispute was case 4720775?

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

Where can I read the official tribunal order for case 4720775?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9608352-Tenancy_Tribunal_Order.pdf.

7 Kerr Avenue, Cobden, Greymouth 7802 Tenancy Tribunal Case 4720775 — Property damage

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7 Kerr Avenue, Cobden, Greymouth 7802 Tenancy Tribunal Case 4720775 — 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 4720775 — net $4,112.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 24.10.23	$1,671.43	Rent arrears 24.10.23
Lawns, gardening, rubbish removal	$910.70	Lawns, gardening, rubbish removal
Repairs to walls and doors; toilet cistern; wardrobe; and lock replacement	$1,840.00	Repairs to walls and doors; toilet cistern; wardrobe; and lock replacement
Cleaning	$1,150.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,112.57
Total payable by Tenant to Landlord	$4,112.57

Claims and awards for application 4720775 — net $4,112.57 NZD. Verify on MoJ.

Rent arrears 24.10.23

Amount: $1,671.43
Awarded to: Landlord
Reason: Rent arrears 24.10.23

Lawns, gardening, rubbish removal

Amount: $910.70
Awarded to: Landlord
Reason: Lawns, gardening, rubbish removal

Repairs to walls and doors; toilet cistern; wardrobe; and lock replacement

Amount: $1,840.00
Awarded to: Landlord
Reason: Repairs to walls and doors; toilet cistern; wardrobe; and lock replacement

Cleaning

Amount: $1,150.00
Awarded to: Landlord
Reason: Cleaning

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

Makayla Jayne Darling must pay The Rent Shop Limited as agent for Daniel & Heather Hertke $4,112.57 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,480.00 (5473308-002) to The Rent Shop Limited as agent for Daniel & Heather Hertke immediately.

Reasons

Ms Ouellette represented the landlord. The tenant did not attend the hearing. I conducted the hearing by phone. My call to the tenant went to voice mail.
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 24 October 2023 when the notice period given by the landlord ended. The landlord provided rent records which prove the amount of rent 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, including the lawns and gardens, reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered are proved by invoices, photos, inspection reports and by the evidence Ms Ouellette gave at the hearing.

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. There were holes in walls and other damage to doors. The toilet cistern and toilet seat were damaged as was a wardrobe door in a bedroom.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered for the repair of damage is proved by an invoice and photos and pre and post inspection reports.
As the application is successful, the tenant must pay the landlord’s Tribunal 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 4720775 — net $4,112.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 24.10.23	$1,671.43	Rent arrears 24.10.23
Lawns, gardening, rubbish removal	$910.70	Lawns, gardening, rubbish removal
Repairs to walls and doors; toilet cistern; wardrobe; and lock replacement	$1,840.00	Repairs to walls and doors; toilet cistern; wardrobe; and lock replacement
Cleaning	$1,150.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,112.57
Total payable by Tenant to Landlord	$4,112.57

Claims and awards for application 4720775 — net $4,112.57 NZD. Verify on MoJ.

Rent arrears 24.10.23

Amount: $1,671.43
Awarded to: Landlord
Reason: Rent arrears 24.10.23

Lawns, gardening, rubbish removal

Amount: $910.70
Awarded to: Landlord
Reason: Lawns, gardening, rubbish removal

Repairs to walls and doors; toilet cistern; wardrobe; and lock replacement

Amount: $1,840.00
Awarded to: Landlord
Reason: Repairs to walls and doors; toilet cistern; wardrobe; and lock replacement

Cleaning

Amount: $1,150.00
Awarded to: Landlord
Reason: Cleaning

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

Makayla Jayne Darling must pay The Rent Shop Limited as agent for Daniel & Heather Hertke $4,112.57 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,480.00 (5473308-002) to The Rent Shop Limited as agent for Daniel & Heather Hertke immediately.

Reasons

Ms Ouellette represented the landlord. The tenant did not attend the hearing. I conducted the hearing by phone. My call to the tenant went to voice mail.
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 24 October 2023 when the notice period given by the landlord ended. The landlord provided rent records which prove the amount of rent 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, including the lawns and gardens, reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered are proved by invoices, photos, inspection reports and by the evidence Ms Ouellette gave at the hearing.

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. There were holes in walls and other damage to doors. The toilet cistern and toilet seat were damaged as was a wardrobe door in a bedroom.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered for the repair of damage is proved by an invoice and photos and pre and post inspection reports.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4720775 — Property damage at 7 Kerr Avenue, Cobden, Greymouth 7802

At a glance

Tenancy Tribunal case 4720775 — Property damage at 7 Kerr Avenue, Cobden, Greymouth 7802

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