What was the outcome of Tenancy Tribunal case 4749191?

The tribunal order states: Arianna Wansbrough to pay Cleighton Mitchell Ahipene $640.00 immediately,

How much money was awarded in case 4749191?

Property Damage: $200.00 awarded to landlord; Property Damage: $220.00 awarded to landlord; Property Damage: $220.00 awarded to landlord; Rent Arrears: $2,100.00 awarded to landlord

What type of tenancy dispute was case 4749191?

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

Where can I read the official tribunal order for case 4749191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9911867-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4749191?

The tribunal order states: Arianna Wansbrough to pay Cleighton Mitchell Ahipene $640.00 immediately,

How much money was awarded in case 4749191?

Property Damage: $200.00 awarded to landlord; Property Damage: $220.00 awarded to landlord; Property Damage: $220.00 awarded to landlord; Rent Arrears: $2,100.00 awarded to landlord

What type of tenancy dispute was case 4749191?

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

Where can I read the official tribunal order for case 4749191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9911867-Tribunal_Order.pdf.

18 Old Quarry Road, Selwyn Heights, Rotorua 3015 Tenancy Tribunal Case 4749191 — Rent arrears

Claims and awards in Tenancy Tribunal application 4749191. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 December 2023	$2,100.00	Rent arrears to 3 December 2023
Replacement locks, keys and garage remote	$200.00	Replacement locks, keys and garage remote
Curtain net replacement	$220.00	Curtain net replacement
Curtain replacement	$220.00	Curtain replacement

Order

Arianna Wansbrough to pay Cleighton Mitchell Ahipene $640.00 immediately, calculated as follows: DescriptionLandlord Rent arrears to 3 December 2023$2,100.00 Replacement locks, keys and garage remote.$200.00 Curtain net replacement$220.00 Curtain replacement$220.00 Total award$2,740.00 Minus Bond$2,100.00 Tenant to pay$640.00
The Bond Centre is to pay the bond of $2,100.00 (3578337-007) to Cleighton Mitchell Ahipene immediately.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
Cleighton Mitchell Ahipene must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

Both parties 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 3 December 2023. The Landlord provided rent records which prove the amount owing at the end of the tenancy: $2,100.00.

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: s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the 8 door keys, 2 gate keys and remote control for garage door. I accept the Landlord’s evidence that all of these items were present and accounted for prior to the commencement of the tenancy. The cost of replacing these was $200.00. No receipts were provided, but I am satisfied the cost of replacement of these items is likely to have been $200, if not more.
At the end of the tenancy there was a curtain net missing from the ranch slider and a ripped net in one of the bedrooms. The landlord gave evidence, and provided supporting photographs, showing the netting present and intact at the commencement of the tenancy. The replacement cost of the curtain nets was $220.00. The landlord claims this amount, which I approve.
One of the curtains was damaged by dye. The landlord provided photographs of the damage and I accept the landlord’s evidence the curtain as new because he said he could provide a receipt. The tenant accepted liability for the damage and agreed to replace the curtain. I approve the replacement cost for the damaged curtain: $220.00.

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: a. Chip in Marble Bench – repair cost $150.00 – no pre-tenancy photographs provided – claim declined. b. Damaged to Garage Door Lock $250.00 – no pre-tenancy photographs provided – claim declined. c. Broken Back Door Lock + New Key&Lock $120.00 – no pre-tenancy photographs provided – claim declined.
I am not inclined to approve these claims without evidence as to the condition of these items prior to the commencement of the tenancy.
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value.

Claims and awards in Tenancy Tribunal application 4749191. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 December 2023	$2,100.00	Rent arrears to 3 December 2023
Replacement locks, keys and garage remote	$200.00	Replacement locks, keys and garage remote
Curtain net replacement	$220.00	Curtain net replacement
Curtain replacement	$220.00	Curtain replacement

Order

Arianna Wansbrough to pay Cleighton Mitchell Ahipene $640.00 immediately, calculated as follows: DescriptionLandlord Rent arrears to 3 December 2023$2,100.00 Replacement locks, keys and garage remote.$200.00 Curtain net replacement$220.00 Curtain replacement$220.00 Total award$2,740.00 Minus Bond$2,100.00 Tenant to pay$640.00
The Bond Centre is to pay the bond of $2,100.00 (3578337-007) to Cleighton Mitchell Ahipene immediately.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
Cleighton Mitchell Ahipene must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

Both parties 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 3 December 2023. The Landlord provided rent records which prove the amount owing at the end of the tenancy: $2,100.00.

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: s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the 8 door keys, 2 gate keys and remote control for garage door. I accept the Landlord’s evidence that all of these items were present and accounted for prior to the commencement of the tenancy. The cost of replacing these was $200.00. No receipts were provided, but I am satisfied the cost of replacement of these items is likely to have been $200, if not more.
At the end of the tenancy there was a curtain net missing from the ranch slider and a ripped net in one of the bedrooms. The landlord gave evidence, and provided supporting photographs, showing the netting present and intact at the commencement of the tenancy. The replacement cost of the curtain nets was $220.00. The landlord claims this amount, which I approve.
One of the curtains was damaged by dye. The landlord provided photographs of the damage and I accept the landlord’s evidence the curtain as new because he said he could provide a receipt. The tenant accepted liability for the damage and agreed to replace the curtain. I approve the replacement cost for the damaged curtain: $220.00.

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: a. Chip in Marble Bench – repair cost $150.00 – no pre-tenancy photographs provided – claim declined. b. Damaged to Garage Door Lock $250.00 – no pre-tenancy photographs provided – claim declined. c. Broken Back Door Lock + New Key&Lock $120.00 – no pre-tenancy photographs provided – claim declined.
I am not inclined to approve these claims without evidence as to the condition of these items prior to the commencement of the tenancy.
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value.

Tenancy Tribunal case 4749191 — Rent arrears at 18 Old Quarry Road, Selwyn Heights, Rotorua 3015

At a glance

Tenancy Tribunal case 4749191 — Rent arrears at 18 Old Quarry Road, Selwyn Heights, Rotorua 3015

At a glance

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

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