What was Tenancy Tribunal case 4729329 about?

The tribunal order states: Chaine Jacquline Rose Leef and Blair Ashley Steiner must pay [The landlord/s]

How much money was awarded in case 4729329?

Cleaning: $390.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $130.00 awarded to landlord; Property Damage: $466.41 awarded to landlord; Rent Arrears: $133.43 awarded to landlord; Hole In Hallway: $85.00 awarded to landlord; Wallpaper And Paint: $400.00 awarded to landlord; Replace Furnishings: Shower Curtain: $45.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord

What type of tenancy dispute was case 4729329?

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

Where can I read the official tribunal order for case 4729329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9990196-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4729329 about?

The tribunal order states: Chaine Jacquline Rose Leef and Blair Ashley Steiner must pay [The landlord/s]

How much money was awarded in case 4729329?

Cleaning: $390.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $130.00 awarded to landlord; Property Damage: $466.41 awarded to landlord; Rent Arrears: $133.43 awarded to landlord; Hole In Hallway: $85.00 awarded to landlord; Wallpaper And Paint: $400.00 awarded to landlord; Replace Furnishings: Shower Curtain: $45.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord

What type of tenancy dispute was case 4729329?

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

Where can I read the official tribunal order for case 4729329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9990196-Tribunal_Order_Redacted.pdf.

33 Shakespeare Street, Te Aroha, Te Aroha 3320 Tenancy Tribunal Case 4729329 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4729329 — net $1,080.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 September 2023	$133.43	Rent arrears to 20 September 2023
Repairs: wallpaper and paint	$400.00	Repairs: wallpaper and paint
Repairs: hole in hallway	$85.00	Repairs: hole in hallway
Replace furnishings: shower curtain	$45.00	Replace furnishings: shower curtain
Rubbish removal	$700.00	Rubbish removal
Cleaning	$390.00	Cleaning
Lock/key replacement	$466.41	Lock/key replacement
Lawns and Garden work	$130.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,080.28
Total payable by Tenant to Landlord	$1,080.28

[The landlord’s representative] attended the hearing for the landlord.

The tenants did not attend the hearing.

The landlord has applied for rent arrears, compensation for cleaning, lock replacement, shower curtain replacement, repairs to the property lawn and garden work and rubbish removal, 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 September 2023 after the tenants gave notice. 1 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The shower curtain 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.

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 1 The tenants gave a 14 day notice to end the tenancy on the 23 August 2023, but the required notice period is 28 days. 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: ripped wallpaper in three rooms, and holes in hallway 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.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee and granted suppression as requested.

Claims and awards in Tenancy Tribunal application 4729329 — net $1,080.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 September 2023	$133.43	Rent arrears to 20 September 2023
Repairs: wallpaper and paint	$400.00	Repairs: wallpaper and paint
Repairs: hole in hallway	$85.00	Repairs: hole in hallway
Replace furnishings: shower curtain	$45.00	Replace furnishings: shower curtain
Rubbish removal	$700.00	Rubbish removal
Cleaning	$390.00	Cleaning
Lock/key replacement	$466.41	Lock/key replacement
Lawns and Garden work	$130.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,080.28
Total payable by Tenant to Landlord	$1,080.28

Order

Chaine Jacquline Rose Leef and Blair Ashley Steiner must pay [The landlord/s] $1,080.28 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,290.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

[The landlord’s representative] attended the hearing for the landlord.
The tenants did not attend the hearing.
The landlord has applied for rent arrears, compensation for cleaning, lock replacement, shower curtain replacement, repairs to the property lawn and garden work and rubbish removal, 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 September 2023 after the tenants gave notice. 1 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The shower curtain 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.
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 1 The tenants gave a 14 day notice to end the tenancy on the 23 August 2023, but the required notice period is 28 days. 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: ripped wallpaper in three rooms, and holes in hallway 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.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee and granted suppression as requested.

Tenancy Tribunal case 4729329 — Property damage at 33 Shakespeare Street, Te Aroha, Te Aroha 3320

At a glance

Tenancy Tribunal case 4729329 — Property damage at 33 Shakespeare Street, Te Aroha, Te Aroha 3320

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