What was the outcome of Tenancy Tribunal case 4734130?

The tribunal order states: Dineen Mitchell Sloan must pay Ashburton Real Estate Limited as agent for the

How much money was awarded in case 4734130?

Cleaning: $805.00 awarded to landlord; Dump Fees: $317.64 awarded to landlord; Enforcement Fee On Warrant For Evict…: $200.00 awarded to landlord; Property Damage: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $160.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $158.88 awarded to landlord; Remove Graffiti From Brick Walls: $25.18 awarded to landlord; Rent Arrears: $2,406.15 awarded to landlord; Replace Missing Garage Door Remote C…: $195.50 awarded to landlord; Rubbish Removal: $221.28 awarded to landlord

What type of tenancy dispute was case 4734130?

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

Where can I read the official tribunal order for case 4734130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9964381-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4734130?

The tribunal order states: Dineen Mitchell Sloan must pay Ashburton Real Estate Limited as agent for the

How much money was awarded in case 4734130?

Cleaning: $805.00 awarded to landlord; Dump Fees: $317.64 awarded to landlord; Enforcement Fee On Warrant For Evict…: $200.00 awarded to landlord; Property Damage: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $160.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $158.88 awarded to landlord; Remove Graffiti From Brick Walls: $25.18 awarded to landlord; Rent Arrears: $2,406.15 awarded to landlord; Replace Missing Garage Door Remote C…: $195.50 awarded to landlord; Rubbish Removal: $221.28 awarded to landlord

What type of tenancy dispute was case 4734130?

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

Where can I read the official tribunal order for case 4734130?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9964381-Tenancy_Tribunal_Order.pdf.

30 Oak Grove, Ashburton, Ashburton 7700 Tenancy Tribunal Case 4734130 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

30 Oak Grove, Ashburton, Ashburton 7700 Tenancy Tribunal Case 4734130 — 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 4734130 — net $4,460.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 October 2023	$2,406.15	Rent arrears to 30 October 2023
Insurance excess on claims for damage	$750.00	Insurance excess on claims for damage
Replace missing garage door remote control	$195.50	Replace missing garage door remote control
Lawns and garden work	$160.00	Lawns and garden work
Dump fees	$317.64	Dump fees
Cleaning	$805.00	Cleaning
Rubbish removal	$221.28	Rubbish removal
Remove graffiti from brick walls	$25.18	Remove graffiti from brick walls
Plumbing repair - gulley trap	$158.88	Plumbing repair - gulley trap
Enforcement fee on warrant for eviction	$200.00	Enforcement fee on warrant for eviction
Filing fee reimbursement	$20.44	Filing fee reimbursement
Exemplary damages - unlawful use of premises	$800.00	Exemplary damages - unlawful use of premises
Net award	$4,460.07
Total payable by Tenant to Landlord	$4,460.07

Claims and awards for application 4734130 — net $4,460.07 NZD. Verify on MoJ.

Rent arrears to 30 October 2023

Amount: $2,406.15
Awarded to: Landlord
Reason: Rent arrears to 30 October 2023

Insurance excess on claims for damage

Amount: $750.00
Awarded to: Landlord
Reason: Insurance excess on claims for damage

Replace missing garage door remote control

Amount: $195.50
Awarded to: Landlord
Reason: Replace missing garage door remote control

Lawns and garden work

Amount: $160.00
Awarded to: Landlord
Reason: Lawns and garden work

Dump fees

Amount: $317.64
Awarded to: Landlord
Reason: Dump fees

Claim types — money lines allowed on this order

Cleanliness Exemplary damages Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Dineen Mitchell Sloan must pay Ashburton Real Estate Limited as agent for the owner $4,460.07 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,600.00 (6392195-001) to Ashburton Real Estate Limited as agent for the owner immediately.

Reasons

Ms Sloane represented the landlord. The tenant did not attend 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 30 October 2023. 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The garage door remote control was missing at the end of the tenancy.
The amounts ordered are proved by invoices and photos and by the evidence Ms Sloane 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 landlord was insured for some damage, including damage to the carpet, light fittings, garden raised beds and other sundry damage as well as lock replacement. I have awarded the landlord the insurance excess for the claims accepted by the insurer for damage caused by the tenant.
There was damage to a gulley trap which the landlord is yet to repair but it has accepted a quote for the repair and Ms Sloane confirmed that the damage will be repaired.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices, a quote, photos and by the evidence Ms Sloane gave at the hearing.
The landlord seeks exemplary damages for the tenant using the premises for an unlawful purpose.
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) RTA.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A RTA.
The landlord had a methamphetamine test completed before the tenancy. It showed no contamination. A methamphetamine test completed at the end of the tenancy showed contamination of 5.3μg/100cm².
I find it probable that the tenant used, or permitted the use of, methamphetamine at the premises during the tenancy. The use of methamphetamine is an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) RTA.
The use of methamphetamine is an intentional act, not a careless action. It was against the landlord’s interests for the tenant to use the premises for an unlawful purpose. It was against the public interest also.
The tenant’s action had an effect on the landlord. It has had to pay for the remediation of the premises before a new tenancy can start.
Exemplary damages are designed to punish and to deter. They are like a fine.
I award the landlord exemplary damages of $800.00 for this unlawful act.
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 4734130 — net $4,460.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 October 2023	$2,406.15	Rent arrears to 30 October 2023
Insurance excess on claims for damage	$750.00	Insurance excess on claims for damage
Replace missing garage door remote control	$195.50	Replace missing garage door remote control
Lawns and garden work	$160.00	Lawns and garden work
Dump fees	$317.64	Dump fees
Cleaning	$805.00	Cleaning
Rubbish removal	$221.28	Rubbish removal
Remove graffiti from brick walls	$25.18	Remove graffiti from brick walls
Plumbing repair - gulley trap	$158.88	Plumbing repair - gulley trap
Enforcement fee on warrant for eviction	$200.00	Enforcement fee on warrant for eviction
Filing fee reimbursement	$20.44	Filing fee reimbursement
Exemplary damages - unlawful use of premises	$800.00	Exemplary damages - unlawful use of premises
Net award	$4,460.07
Total payable by Tenant to Landlord	$4,460.07

Claims and awards for application 4734130 — net $4,460.07 NZD. Verify on MoJ.

Rent arrears to 30 October 2023

Amount: $2,406.15
Awarded to: Landlord
Reason: Rent arrears to 30 October 2023

Insurance excess on claims for damage

Amount: $750.00
Awarded to: Landlord
Reason: Insurance excess on claims for damage

Replace missing garage door remote control

Amount: $195.50
Awarded to: Landlord
Reason: Replace missing garage door remote control

Lawns and garden work

Amount: $160.00
Awarded to: Landlord
Reason: Lawns and garden work

Dump fees

Amount: $317.64
Awarded to: Landlord
Reason: Dump fees

Claim types — money lines allowed on this order

Cleanliness Exemplary damages Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

Dineen Mitchell Sloan must pay Ashburton Real Estate Limited as agent for the owner $4,460.07 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,600.00 (6392195-001) to Ashburton Real Estate Limited as agent for the owner immediately.

Reasons

Ms Sloane represented the landlord. The tenant did not attend 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 30 October 2023. 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The garage door remote control was missing at the end of the tenancy.
The amounts ordered are proved by invoices and photos and by the evidence Ms Sloane 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 landlord was insured for some damage, including damage to the carpet, light fittings, garden raised beds and other sundry damage as well as lock replacement. I have awarded the landlord the insurance excess for the claims accepted by the insurer for damage caused by the tenant.
There was damage to a gulley trap which the landlord is yet to repair but it has accepted a quote for the repair and Ms Sloane confirmed that the damage will be repaired.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices, a quote, photos and by the evidence Ms Sloane gave at the hearing.
The landlord seeks exemplary damages for the tenant using the premises for an unlawful purpose.
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) RTA.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A RTA.
The landlord had a methamphetamine test completed before the tenancy. It showed no contamination. A methamphetamine test completed at the end of the tenancy showed contamination of 5.3μg/100cm².
I find it probable that the tenant used, or permitted the use of, methamphetamine at the premises during the tenancy. The use of methamphetamine is an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) RTA.
The use of methamphetamine is an intentional act, not a careless action. It was against the landlord’s interests for the tenant to use the premises for an unlawful purpose. It was against the public interest also.
The tenant’s action had an effect on the landlord. It has had to pay for the remediation of the premises before a new tenancy can start.
Exemplary damages are designed to punish and to deter. They are like a fine.
I award the landlord exemplary damages of $800.00 for this unlawful act.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4734130 — Rent arrears at 30 Oak Grove, Ashburton, Ashburton 7700

At a glance

Tenancy Tribunal case 4734130 — Rent arrears at 30 Oak Grove, Ashburton, Ashburton 7700

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