What was Tenancy Tribunal case 4771317 about?

The tribunal order states: [The tenant/s] must pay Property Brokers Limited As Agent For Harmel

How much money was awarded in case 4771317?

Cleaning: $180.00 awarded to landlord; Cleaning: $420.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $320.15 awarded to landlord; Property Damage: $205.28 awarded to landlord; Rent Arrears: $396.98 awarded to landlord; Rubbish Removal: $310.50 awarded to landlord; Property Damage: $264.50 awarded to landlord

What type of tenancy dispute was case 4771317?

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

Where can I read the official tribunal order for case 4771317?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10477679-Tribunal_Order.pdf.

What was Tenancy Tribunal case 4771317 about?

The tribunal order states: [The tenant/s] must pay Property Brokers Limited As Agent For Harmel

How much money was awarded in case 4771317?

Cleaning: $180.00 awarded to landlord; Cleaning: $420.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $320.15 awarded to landlord; Property Damage: $205.28 awarded to landlord; Rent Arrears: $396.98 awarded to landlord; Rubbish Removal: $310.50 awarded to landlord; Property Damage: $264.50 awarded to landlord

What type of tenancy dispute was case 4771317?

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

Where can I read the official tribunal order for case 4771317?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10477679-Tribunal_Order.pdf.

12 Turaki Street, Taumarunui, Taumarunui 3920 Tenancy Tribunal Case 4771317 — Property damage

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 4771317 — net $618.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement: Vacated compensation application	$20.44	Vacated compensation application
Lock/key replacement: includes removing lock from bedroom door	$205.28	Lock/key replacement: includes removing lock from bedroom door
Lock/key replacement: During tenancy and glass replacement front door	$320.15	Lock/key replacement: During tenancy and glass replacement front door
Cleaning: includes removing dog feces, oven cleaning and general clean	$420.00	Cleaning: includes removing dog feces, oven cleaning and general clean
Rent arrears to 5/11/2024	$396.98	Rent arrears to 5/11/2024
Filing fee reimbursement: Rent/termination application	$20.44	Rent/termination application
Window repairs: Back door glass pane	$264.50	Window repairs: Back door glass pane
Carpet Cleaning: including stain removal	$180.00	Carpet Cleaning: including stain removal
Rubbish removal: storage of items in garage	$310.50	Rubbish removal: storage of items in garage
Net award	$618.29
Total payable by Tenant to Landlord	$618.29

Claims and awards in Tenancy Tribunal application 4771317 — net $618.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Filing fee reimbursement: Vacated compensation application

$20.44

Vacated compensation application

Lock/key replacement: includes removing lock from bedroom door

$205.28

Lock/key replacement: includes removing lock from bedroom door

Lock/key replacement: During tenancy and glass replacement front door

$320.15

Lock/key replacement: During tenancy and glass replacement front door

Cleaning: includes removing dog feces, oven cleaning and general clean

$420.00

Cleaning: includes removing dog feces, oven cleaning and general clean

Rent arrears to 5/11/2024

$396.98

Rent arrears to 5/11/2024

Filing fee reimbursement: Rent/termination application

$20.44

Rent/termination application

Window repairs: Back door glass pane

$264.50

Window repairs: Back door glass pane

Carpet Cleaning: including stain removal

$180.00

Carpet Cleaning: including stain removal

Rubbish removal: storage of items in garage

$310.50

Rubbish removal: storage of items in garage

Net award

$618.29

Total payable by Tenant to Landlord

$618.29

Reasons

Only the applicant landlord attended the hearing. The tenant could not be contacted on any of the numbers provided for her. She did not join the video link and did not attend in person. The hearing proceeded in her absence.

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 5 November 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes the two payments towards the arrears the tenant has made since 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. Some of her items were stored in the garage until she collected them just prior to Christmas.

The tenant did not return the keys. She also requested a lock change during the tenancy and had attached a lock to the bedroom door that needed to be removed so that room could be accessed.

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.

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: two window panes were broken one in the front door and one in the back door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Property Brokers Limited As Agent For Harmel Singh Toor has wholly succeeded with the claim I must reimburse the filing fee.

The filing fee for the first application for termination and rent arrears is also awarded as this has not been paid.

The order is to be published without suppression.

Claims and awards in Tenancy Tribunal application 4771317 — net $618.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement: Vacated compensation application	$20.44	Vacated compensation application
Lock/key replacement: includes removing lock from bedroom door	$205.28	Lock/key replacement: includes removing lock from bedroom door
Lock/key replacement: During tenancy and glass replacement front door	$320.15	Lock/key replacement: During tenancy and glass replacement front door
Cleaning: includes removing dog feces, oven cleaning and general clean	$420.00	Cleaning: includes removing dog feces, oven cleaning and general clean
Rent arrears to 5/11/2024	$396.98	Rent arrears to 5/11/2024
Filing fee reimbursement: Rent/termination application	$20.44	Rent/termination application
Window repairs: Back door glass pane	$264.50	Window repairs: Back door glass pane
Carpet Cleaning: including stain removal	$180.00	Carpet Cleaning: including stain removal
Rubbish removal: storage of items in garage	$310.50	Rubbish removal: storage of items in garage
Net award	$618.29
Total payable by Tenant to Landlord	$618.29

Claims and awards in Tenancy Tribunal application 4771317 — net $618.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Filing fee reimbursement: Vacated compensation application

$20.44

Vacated compensation application

Lock/key replacement: includes removing lock from bedroom door

$205.28

Lock/key replacement: includes removing lock from bedroom door

Lock/key replacement: During tenancy and glass replacement front door

$320.15

Lock/key replacement: During tenancy and glass replacement front door

Cleaning: includes removing dog feces, oven cleaning and general clean

$420.00

Cleaning: includes removing dog feces, oven cleaning and general clean

Rent arrears to 5/11/2024

$396.98

Rent arrears to 5/11/2024

Filing fee reimbursement: Rent/termination application

$20.44

Rent/termination application

Window repairs: Back door glass pane

$264.50

Window repairs: Back door glass pane

Carpet Cleaning: including stain removal

$180.00

Carpet Cleaning: including stain removal

Rubbish removal: storage of items in garage

$310.50

Rubbish removal: storage of items in garage

Net award

$618.29

Total payable by Tenant to Landlord

$618.29

Reasons

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?

Did the tenant comply with their obligations at the end of the tenancy?

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Some of her items were stored in the garage until she collected them just prior to Christmas.

The tenant did not return the keys. She also requested a lock change during the tenancy and had attached a lock to the bedroom door that needed to be removed so that room could be accessed.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

Because Property Brokers Limited As Agent For Harmel Singh Toor has wholly succeeded with the claim I must reimburse the filing fee.

The filing fee for the first application for termination and rent arrears is also awarded as this has not been paid.

The order is to be published without suppression.

Tenancy Tribunal case 4771317 — Property damage at 12 Turaki Street, Taumarunui, Taumarunui 3920

At a glance

Tenancy Tribunal case 4771317 — Property damage at 12 Turaki Street, Taumarunui, Taumarunui 3920

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