What was the outcome of Tenancy Tribunal case 4782491?

The tribunal order states: Aaron Reece must pay Purple Properties Limited - As Agent For Mitchell

How much money was awarded in case 4782491?

Cleaning: $130.00 awarded to landlord; Cleaning: $90.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $149.50 awarded to landlord; Property Damage: $1,254.00 awarded to landlord; Property Damage: $1,340.23 awarded to landlord; Rent Arrears: $1,091.43 awarded to landlord; Rubbish Removal: $414.00 awarded to landlord

What type of tenancy dispute was case 4782491?

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

Where can I read the official tribunal order for case 4782491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10448969-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4782491?

The tribunal order states: Aaron Reece must pay Purple Properties Limited - As Agent For Mitchell

How much money was awarded in case 4782491?

Cleaning: $130.00 awarded to landlord; Cleaning: $90.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $149.50 awarded to landlord; Property Damage: $1,254.00 awarded to landlord; Property Damage: $1,340.23 awarded to landlord; Rent Arrears: $1,091.43 awarded to landlord; Rubbish Removal: $414.00 awarded to landlord

What type of tenancy dispute was case 4782491?

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

Where can I read the official tribunal order for case 4782491?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10448969-Tenancy_Tribunal_Order.pdf.

Room 7, 277 Rattray Street, Dunedin Central, Dunedin Tenancy Tribunal Case 4782491 — Property damage

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Room 7, 277 Rattray Street, Dunedin Central, Dunedin Tenancy Tribunal Case 4782491 — 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 4782491 — net $3,609.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/11/2023	$1,091.43	Rent arrears to 17/11/2023
Carpet Cleaning	$130.00	Carpet Cleaning
Cleaning	$90.00	Cleaning
Rubbish removal	$414.00	Rubbish removal
Lock/key replacement	$149.50	Lock/key replacement
Replacement bed and mattress	$1,254.00	Replacement bed and mattress
Plumbing repairs to sink	$1,340.23	Plumbing repairs to sink
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,609.60
Total payable by Tenant to Landlord	$3,609.60

Claims and awards for application 4782491 — net $3,609.60 NZD. Verify on MoJ.

Rent arrears to 17/11/2023

Amount: $1,091.43
Awarded to: Landlord
Reason: Rent arrears to 17/11/2023

Carpet Cleaning

Amount: $130.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $90.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $414.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $149.50
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Aaron Reece must pay Purple Properties Limited - As Agent For Mitchell Enterprises $3,609.60 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $880.00 (5063744-005) to Purple Properties Limited - As Agent For Mitchell Enterprises immediately.

Reasons

The landlord 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 boarding house tenancy.

How much is owed for rent?

The tenancy ended on 17/11/2023.
The landlord has provided records which prove the amount of rent owing to the end of the tenancy.

Did the tenant comply with his 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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
In support of the claim for cleaning, carpet cleaning and rubbish removal, the landlord provided invoices and entry and exit property inspection reports, with photographs.
I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all goods and rubbish.
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 49B, 66K(2)(a), and 66L RTA
The landlord sought compensation for intentional damage to the bed and mattress, sink and door lock when the room was “trashed” before the tenant vacated.
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 evidence supports that damage to the bed and mattress, sink unit and door lock was caused during the tenancy and was more than fair wear and tear.
The amounts ordered are proved.
In the circumstances, and due to the bed and mattress being relatively new, I have not considered betterment and depreciation.
As Purple Properties Limited - As Agent For Mitchell Enterprises has wholly succeeded with the claim I must award the filing fee.
No name suppression was sought.

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 4782491 — net $3,609.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/11/2023	$1,091.43	Rent arrears to 17/11/2023
Carpet Cleaning	$130.00	Carpet Cleaning
Cleaning	$90.00	Cleaning
Rubbish removal	$414.00	Rubbish removal
Lock/key replacement	$149.50	Lock/key replacement
Replacement bed and mattress	$1,254.00	Replacement bed and mattress
Plumbing repairs to sink	$1,340.23	Plumbing repairs to sink
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,609.60
Total payable by Tenant to Landlord	$3,609.60

Claims and awards for application 4782491 — net $3,609.60 NZD. Verify on MoJ.

Rent arrears to 17/11/2023

Amount: $1,091.43
Awarded to: Landlord
Reason: Rent arrears to 17/11/2023

Carpet Cleaning

Amount: $130.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $90.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $414.00
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $149.50
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Aaron Reece must pay Purple Properties Limited - As Agent For Mitchell Enterprises $3,609.60 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $880.00 (5063744-005) to Purple Properties Limited - As Agent For Mitchell Enterprises immediately.

Reasons

The landlord 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 boarding house tenancy.

How much is owed for rent?

The tenancy ended on 17/11/2023.
The landlord has provided records which prove the amount of rent owing to the end of the tenancy.

Did the tenant comply with his 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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
In support of the claim for cleaning, carpet cleaning and rubbish removal, the landlord provided invoices and entry and exit property inspection reports, with photographs.
I am satisfied from the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all goods and rubbish.
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 49B, 66K(2)(a), and 66L RTA
The landlord sought compensation for intentional damage to the bed and mattress, sink and door lock when the room was “trashed” before the tenant vacated.
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 evidence supports that damage to the bed and mattress, sink unit and door lock was caused during the tenancy and was more than fair wear and tear.
The amounts ordered are proved.
In the circumstances, and due to the bed and mattress being relatively new, I have not considered betterment and depreciation.
As Purple Properties Limited - As Agent For Mitchell Enterprises has wholly succeeded with the claim I must award the filing fee.
No name suppression was sought.

Tenancy Tribunal case 4782491 — Property damage at Room 7, 277 Rattray Street, Dunedin Central, Dunedin

At a glance

Tenancy Tribunal case 4782491 — Property damage at Room 7, 277 Rattray Street, Dunedin Central, Dunedin

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with his 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 his 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