What was the outcome of Tenancy Tribunal case 4782531?

The tribunal order states: Ripeka Te Moananui and Travis Rosewarne must pay Purple Properties Limited

How much money was awarded in case 4782531?

Cleaning: $185.00 awarded to landlord; Cleaning: $275.00 awarded to landlord; Curtains: $329.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $990.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $1,971.26 awarded to landlord; Rubbish Removal: $112.00 awarded to landlord

What type of tenancy dispute was case 4782531?

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

Where can I read the official tribunal order for case 4782531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10425030-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4782531?

The tribunal order states: Ripeka Te Moananui and Travis Rosewarne must pay Purple Properties Limited

How much money was awarded in case 4782531?

Cleaning: $185.00 awarded to landlord; Cleaning: $275.00 awarded to landlord; Curtains: $329.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $990.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $1,971.26 awarded to landlord; Rubbish Removal: $112.00 awarded to landlord

What type of tenancy dispute was case 4782531?

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

Where can I read the official tribunal order for case 4782531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10425030-Tribunal_Order.pdf.

82 Maitland Street, Dunedin Central, Dunedin 9016 Tenancy Tribunal Case 4782531 — Rent arrears

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82 Maitland Street, Dunedin Central, Dunedin 9016 Tenancy Tribunal Case 4782531 — Rent arrears | 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 4782531 — net $3,692.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9/10/2023	$1,971.26	Rent arrears to 9/10/2023
Carpet Cleaning	$185.00	Carpet Cleaning
Cleaning	$275.00	Cleaning
Repairs	$500.00	Repairs
Curtains	$329.00	Curtains
Rubbish removal	$112.00	Rubbish removal
Painting	$990.00	Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,692.70
Total payable by Tenant to Landlord	$3,692.70

Claims and awards for application 4782531 — net $3,692.70 NZD. Verify on MoJ.

Rent arrears to 9/10/2023

Amount: $1,971.26
Awarded to: Landlord
Reason: Rent arrears to 9/10/2023

Carpet Cleaning

Amount: $185.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $275.00
Awarded to: Landlord
Reason: Cleaning

Repairs

Amount: $500.00
Awarded to: Landlord
Reason: Repairs

Curtains

Amount: $329.00
Awarded to: Landlord
Reason: Curtains

Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Ripeka Te Moananui and Travis Rosewarne must pay Purple Properties Limited - As Agent For Phil Mitchell $3,692.70 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $690.00 (3162495-032) to Purple Properties Limited - As Agent For Phil Mitchell 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 tenancy.

How much is owed for rent?

The tenancy ended on 9/10/2023. The landlord provided rent records which prove the amount owing at 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.
In support of the claim for compensation the landlord provided an exit inspection report with photographs and invoices for the work
I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all 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 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.
I am satisfied that damage to the walls and curtains was caused during the tenancy and is more than fair wear and tear.
The tenant has not disproved liability for the damage.
As the landlord has been successful with the claim, I have awarded 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 4782531 — net $3,692.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9/10/2023	$1,971.26	Rent arrears to 9/10/2023
Carpet Cleaning	$185.00	Carpet Cleaning
Cleaning	$275.00	Cleaning
Repairs	$500.00	Repairs
Curtains	$329.00	Curtains
Rubbish removal	$112.00	Rubbish removal
Painting	$990.00	Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,692.70
Total payable by Tenant to Landlord	$3,692.70

Claims and awards for application 4782531 — net $3,692.70 NZD. Verify on MoJ.

Rent arrears to 9/10/2023

Amount: $1,971.26
Awarded to: Landlord
Reason: Rent arrears to 9/10/2023

Carpet Cleaning

Amount: $185.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $275.00
Awarded to: Landlord
Reason: Cleaning

Repairs

Amount: $500.00
Awarded to: Landlord
Reason: Repairs

Curtains

Amount: $329.00
Awarded to: Landlord
Reason: Curtains

Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Ripeka Te Moananui and Travis Rosewarne must pay Purple Properties Limited - As Agent For Phil Mitchell $3,692.70 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $690.00 (3162495-032) to Purple Properties Limited - As Agent For Phil Mitchell 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 tenancy.

How much is owed for rent?

The tenancy ended on 9/10/2023. The landlord provided rent records which prove the amount owing at 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.
In support of the claim for compensation the landlord provided an exit inspection report with photographs and invoices for the work
I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all 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 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.
I am satisfied that damage to the walls and curtains was caused during the tenancy and is more than fair wear and tear.
The tenant has not disproved liability for the damage.
As the landlord has been successful with the claim, I have awarded the filing fee.

Tenancy Tribunal case 4782531 — Rent arrears at 82 Maitland Street, Dunedin Central, Dunedin 9016

At a glance

Tenancy Tribunal case 4782531 — Rent arrears at 82 Maitland Street, Dunedin Central, Dunedin 9016

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