What was the outcome of Tenancy Tribunal case 4742871?

The tribunal order states: Kylie Osborne must pay Property Brokers Limited As Agent For David Bott

How much money was awarded in case 4742871?

Cleaning: $57.50 awarded to landlord; Cleaning: $333.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $166.75 awarded to landlord; Previous Order Application 4665510 D…: $1,209.01 awarded to landlord; Property Damage: $394.34 awarded to landlord; Rubbish Removal: $1,863.00 awarded to landlord; Property Damage: $753.95 awarded to landlord

What type of tenancy dispute was case 4742871?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4742871?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9775415-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4742871?

The tribunal order states: Kylie Osborne must pay Property Brokers Limited As Agent For David Bott

How much money was awarded in case 4742871?

Cleaning: $57.50 awarded to landlord; Cleaning: $333.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $166.75 awarded to landlord; Previous Order Application 4665510 D…: $1,209.01 awarded to landlord; Property Damage: $394.34 awarded to landlord; Rubbish Removal: $1,863.00 awarded to landlord; Property Damage: $753.95 awarded to landlord

What type of tenancy dispute was case 4742871?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4742871?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9775415-Tenancy_Tribunal_Order.pdf.

22 Tureiti Place, Turangi, Turangi 3334 Tenancy Tribunal Case 4742871 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4742871 — net $4,798.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4665510 dated 25/09/2023	$1,209.01	Previous order application 4665510 dated 25/09/2023
Lock/key replacement	$394.34	Lock/key replacement
Oven/stove cleaning	$57.50	Oven/stove cleaning
Lawns and Garden work	$166.75	Lawns and Garden work
Rubbish removal	$1,863.00	Rubbish removal
Cleaning	$333.50	Cleaning
Window repairs: laundry, kitchen, garage, entrance porch windows	$753.95	Window repairs: laundry, kitchen, garage, entrance porch windows
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,798.49
Total payable by Tenant to Landlord	$4,798.49

Only the applicant landlord attended the hearing. The tenant could not be contacted.

The landlord has applied for compensation, and reimbursement of the filing fee following 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.

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 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: several windows were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant is fortunate that the damage to the carpets and walls and doors is not claimed as the home is to be renovated.

The amounts ordered are proved.

On 25/9/2023 the Tribunal made an order relating to this tenancy, for termination, refund of the bond, rent arrears and the filing fee. The previous order is incorporated into this order for enforcement purposes.

Because Property Brokers Limited As Agent For David Bott has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4742871 — net $4,798.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4665510 dated 25/09/2023	$1,209.01	Previous order application 4665510 dated 25/09/2023
Lock/key replacement	$394.34	Lock/key replacement
Oven/stove cleaning	$57.50	Oven/stove cleaning
Lawns and Garden work	$166.75	Lawns and Garden work
Rubbish removal	$1,863.00	Rubbish removal
Cleaning	$333.50	Cleaning
Window repairs: laundry, kitchen, garage, entrance porch windows	$753.95	Window repairs: laundry, kitchen, garage, entrance porch windows
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,798.49
Total payable by Tenant to Landlord	$4,798.49

Order

Kylie Osborne must pay Property Brokers Limited As Agent For David Bott $4,798.49 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on [Date] under application [Number].

Reasons

Only the applicant landlord attended the hearing. The tenant could not be contacted.
The landlord has applied for compensation, and reimbursement of the filing fee following 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.
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 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: several windows were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant is fortunate that the damage to the carpets and walls and doors is not claimed as the home is to be renovated.
The amounts ordered are proved.
On 25/9/2023 the Tribunal made an order relating to this tenancy, for termination, refund of the bond, rent arrears and the filing fee. The previous order is incorporated into this order for enforcement purposes.
Because Property Brokers Limited As Agent For David Bott has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4742871 — Property damage at 22 Tureiti Place, Turangi, Turangi 3334

At a glance

Tenancy Tribunal case 4742871 — Property damage at 22 Tureiti Place, Turangi, Turangi 3334

At a glance

Award balance

Claims & awards

Order

Reasons

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

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