What was Tenancy Tribunal case 4757520 about?

The tribunal order states: Serenity Jess Cootes Summerell, Brooke Cootes, Carla Rochelle Clarke and

How much money was awarded in case 4757520?

Cleaning: $367.00 awarded to landlord; Cleaning: $1,120.00 awarded to landlord; Compensation: $1,800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $360.00 awarded to landlord; Property Damage: $258.50 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Doors: $357.00 awarded to landlord; Exterior Cladding: $257.55 awarded to landlord; Holes In Walls: $950.00 awarded to landlord; Rubbish Removal: $2,173.00 awarded to landlord; Smoke Alarms: $72.67 awarded to landlord; Property Damage: $320.97 awarded to landlord

What type of tenancy dispute was case 4757520?

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

Where can I read the official tribunal order for case 4757520?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9877755-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4757520 about?

The tribunal order states: Serenity Jess Cootes Summerell, Brooke Cootes, Carla Rochelle Clarke and

How much money was awarded in case 4757520?

Cleaning: $367.00 awarded to landlord; Cleaning: $1,120.00 awarded to landlord; Compensation: $1,800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $360.00 awarded to landlord; Property Damage: $258.50 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Arrears: $1,200.00 awarded to landlord; Doors: $357.00 awarded to landlord; Exterior Cladding: $257.55 awarded to landlord; Holes In Walls: $950.00 awarded to landlord; Rubbish Removal: $2,173.00 awarded to landlord; Smoke Alarms: $72.67 awarded to landlord; Property Damage: $320.97 awarded to landlord

What type of tenancy dispute was case 4757520?

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

Where can I read the official tribunal order for case 4757520?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9877755-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4757520 — Property damage

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New Zealand Tenancy Tribunal Case 4757520 — 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 4757520 — net $7,857.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,200.00	Rent arrears
Cleaning	$1,120.00	Cleaning
Rubbish removal	$2,173.00	Rubbish removal
Carpet Cleaning: and repair	$367.00	Carpet Cleaning: and repair
Lawns and Garden work	$360.00	Lawns and Garden work
Repairs: doors	$357.00	Repairs: doors
Repairs: holes in walls	$950.00	Repairs: holes in walls
Window repairs: broken window and latches	$320.97	Window repairs: broken window and latches
Repairs: exterior cladding	$257.55	Repairs: exterior cladding
Replace smoke alarms	$72.67	Replace smoke alarms
Lock/key replacement	$258.50	Lock/key replacement
Garden shed replacement	$1,000.00	Garden shed replacement
Compensation for loss of rent	$1,800.00	Compensation for loss of rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,857.13
Total payable by Tenant to Landlord	$7,857.13

Claims and awards for application 4757520 — net $7,857.13 NZD. Verify on MoJ.

Rent arrears

Amount: $1,200.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $1,120.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $2,173.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning: and repair

Amount: $367.00
Awarded to: Landlord
Reason: Carpet Cleaning: and repair

Lawns and Garden work

Amount: $360.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Compensation Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Serenity Jess Cootes Summerell, Brooke Cootes, Carla Rochelle Clarke and Michelle Ann Neilsen must pay [The landlord/s] $7,857.13 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$1,200.00 Cleaning$1,120.00 Rubbish removal$2,173.00 Carpet Cleaning: and repair$367.00 Lawns and Garden work$360.00 Repairs: doors$357.00 Repairs: holes in walls$950.00 Window repairs: broken window and latches$320.97 Repairs: exterior cladding$257.55 Replace smoke alarms$72.67 Lock/key replacement$258.50 Garden shed replacement$1,000.00 Compensation for loss of rent$1,800.00 Filing fee reimbursement$20.44 Total award$10,257.13 Bond$2,400.00 Total payable by Tenant to Landlord$7,857.13

Reasons

The landlord attended the hearing.
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 Tribunal made an Order 4674853 on 11 October 2023 terminating the tenancy on 11 October 2023.
The landlord advised that the tenant was evicted by bailiff on 25 October 2023.
The landlord has claimed a further two weeks’ rent to cover the extra two weeks of occupation.
The landlord’s claim is proven.

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 landlord provided photographic evidence that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appears as if the tenant simply took what she wanted and walked out without making any attempt to clean, remove her abandoned possessions or 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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. A bedroom door has been kicked so that both sides were caved in. This damage was intentional. b. Two bedroom door handles were forcibly broken. This damage was intentional. c. A pantry door knob was missing. This was careless damage. d. There were seven holes in five holes. None had been repaired in a trades person like manner and none had been painted. This damage was intentional. e. Two window latches were broken. This damage was careless. f. A portion of exterior cladding was broken away. This damage was careless. g. The garden shed had been battered so severely that screws and rivets were ripped out and half the door was missing. This damage was intentional. h. Three smoke alarms were broken. This damage was intentional. i. A bedroom window was broken. This damage was careless.
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 considered betterment and depreciation in relation to the garden shed. The landlord has claimed $1400.00 and believes the shed was four or five years old. I have awarded a sum that I believe reflects the value of the shed that was replaced.
The landlord has claimed for compensation of three weeks’ rent as the property could not be rented out for a period of six weeks from the date the tenant vacated while the cleaning, removal of rubbish and repairs were completed. During this time they were unable to show the property to prospective tenants because it was in such a poor condition.
As the tenant’s actions were intentional in leaving the property in such a state and as almost all of the damage was caused intentionally, it is appropriate to award the landlord three weeks’ rent compensation.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the 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 4757520 — net $7,857.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,200.00	Rent arrears
Cleaning	$1,120.00	Cleaning
Rubbish removal	$2,173.00	Rubbish removal
Carpet Cleaning: and repair	$367.00	Carpet Cleaning: and repair
Lawns and Garden work	$360.00	Lawns and Garden work
Repairs: doors	$357.00	Repairs: doors
Repairs: holes in walls	$950.00	Repairs: holes in walls
Window repairs: broken window and latches	$320.97	Window repairs: broken window and latches
Repairs: exterior cladding	$257.55	Repairs: exterior cladding
Replace smoke alarms	$72.67	Replace smoke alarms
Lock/key replacement	$258.50	Lock/key replacement
Garden shed replacement	$1,000.00	Garden shed replacement
Compensation for loss of rent	$1,800.00	Compensation for loss of rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,857.13
Total payable by Tenant to Landlord	$7,857.13

Claims and awards for application 4757520 — net $7,857.13 NZD. Verify on MoJ.

Rent arrears

Amount: $1,200.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $1,120.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $2,173.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning: and repair

Amount: $367.00
Awarded to: Landlord
Reason: Carpet Cleaning: and repair

Lawns and Garden work

Amount: $360.00
Awarded to: Landlord
Reason: Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Compensation Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Serenity Jess Cootes Summerell, Brooke Cootes, Carla Rochelle Clarke and Michelle Ann Neilsen must pay [The landlord/s] $7,857.13 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,400.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$1,200.00 Cleaning$1,120.00 Rubbish removal$2,173.00 Carpet Cleaning: and repair$367.00 Lawns and Garden work$360.00 Repairs: doors$357.00 Repairs: holes in walls$950.00 Window repairs: broken window and latches$320.97 Repairs: exterior cladding$257.55 Replace smoke alarms$72.67 Lock/key replacement$258.50 Garden shed replacement$1,000.00 Compensation for loss of rent$1,800.00 Filing fee reimbursement$20.44 Total award$10,257.13 Bond$2,400.00 Total payable by Tenant to Landlord$7,857.13

Reasons

The landlord attended the hearing.
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 Tribunal made an Order 4674853 on 11 October 2023 terminating the tenancy on 11 October 2023.
The landlord advised that the tenant was evicted by bailiff on 25 October 2023.
The landlord has claimed a further two weeks’ rent to cover the extra two weeks of occupation.
The landlord’s claim is proven.

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 landlord provided photographic evidence that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appears as if the tenant simply took what she wanted and walked out without making any attempt to clean, remove her abandoned possessions or 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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. A bedroom door has been kicked so that both sides were caved in. This damage was intentional. b. Two bedroom door handles were forcibly broken. This damage was intentional. c. A pantry door knob was missing. This was careless damage. d. There were seven holes in five holes. None had been repaired in a trades person like manner and none had been painted. This damage was intentional. e. Two window latches were broken. This damage was careless. f. A portion of exterior cladding was broken away. This damage was careless. g. The garden shed had been battered so severely that screws and rivets were ripped out and half the door was missing. This damage was intentional. h. Three smoke alarms were broken. This damage was intentional. i. A bedroom window was broken. This damage was careless.
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 considered betterment and depreciation in relation to the garden shed. The landlord has claimed $1400.00 and believes the shed was four or five years old. I have awarded a sum that I believe reflects the value of the shed that was replaced.
The landlord has claimed for compensation of three weeks’ rent as the property could not be rented out for a period of six weeks from the date the tenant vacated while the cleaning, removal of rubbish and repairs were completed. During this time they were unable to show the property to prospective tenants because it was in such a poor condition.
As the tenant’s actions were intentional in leaving the property in such a state and as almost all of the damage was caused intentionally, it is appropriate to award the landlord three weeks’ rent compensation.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4757520 — Property damage

At a glance

Tenancy Tribunal case 4757520 — Property damage

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