What was the outcome of Tenancy Tribunal case 4782651?

The tribunal order states: Kiri Maxine Childs must pay Team Group Rentals Limited T/A Harcourts As

How much money was awarded in case 4782651?

Cleaning: $391.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $299.00 awarded to landlord; Bedroom Door Handles And Garage: $297.56 awarded to landlord; Curtains: $171.92 awarded to landlord; Dining Room Door: $528.78 awarded to landlord; Kitchen Door Handles: $158.70 awarded to landlord; Walls: $535.73 awarded to landlord; Property Damage: $460.00 awarded to landlord

What type of tenancy dispute was case 4782651?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4782651?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10073268-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4782651?

The tribunal order states: Kiri Maxine Childs must pay Team Group Rentals Limited T/A Harcourts As

How much money was awarded in case 4782651?

Cleaning: $391.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $299.00 awarded to landlord; Bedroom Door Handles And Garage: $297.56 awarded to landlord; Curtains: $171.92 awarded to landlord; Dining Room Door: $528.78 awarded to landlord; Kitchen Door Handles: $158.70 awarded to landlord; Walls: $535.73 awarded to landlord; Property Damage: $460.00 awarded to landlord

What type of tenancy dispute was case 4782651?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4782651?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10073268-Tenancy_Tribunal_Order.pdf.

12 Cardiff Street, Levin, Levin 5510 Tenancy Tribunal Case 4782651 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4782651 — net $903.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$391.00	Cleaning
Lawns and Garden work: rubbish removal	$299.00	Lawns and Garden work: rubbish removal
Repairs: curtains	$171.92	Repairs: curtains
Repairs: bedroom door handles and garage	$297.56	Repairs: bedroom door handles and garage
Repairs: dining room door	$528.78	Repairs: dining room door
Repairs: kitchen door handles	$158.70	Repairs: kitchen door handles
Repairs: walls	$535.73	Repairs: walls
Window repairs: including sliding door	$460.00	Window repairs: including sliding door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$903.13
Total payable by Tenant to Landlord	$903.13

Kiri Maxine Childs must pay Team Group Rentals Limited T/A Harcourts As Agent For Thomas Towler $903.13 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,960.00 (3464577-011) to Team Group Rentals Limited T/A Harcourts As Agent For Thomas Towler immediately. DescriptionLandlord Cleaning$391.00 Lawns and Garden work: rubbish removal$299.00 Repairs: curtains$171.92 Repairs: bedroom door handles and garage$297.56 Repairs: dining room door$528.78 Repairs: kitchen door handles$158.70 Repairs: walls$535.73 Window repairs: including sliding door$460.00 Filing fee reimbursement$20.44 Total award$2,863.13 Bond$1,960.00 Total payable by Tenant to Landlord$903.13

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

The landlord has applied for compensation, refund of the bond and reimbursement of the filing fee following 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 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.

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 following damage was caused during the tenancy: a. Glass was broken in the lounge door and the porch. b. Paint and drawing on walls. c. A number of holes in walls. d. A curtain rail was broken and a curtain pulled off the rail. e. Damage to the garage door. f. Door handles to the bedrooms had been changed to handles with locks. g. Cupboard door handles in the kitchen were broken or missing. h. The door between the dining room and the hallway was destroyed.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Some of the damage is intentional and some careless. The individual amounts claimed are each less than the relevant limit detailed above.

The amounts ordered are proved.

I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. The property had been renovated at the start of the tenancy. The landlord is entitled to receive back the property in the same condition and so I have not deducted any amount for betterment or depreciation.

Because Team Group Rentals Limited T/A Harcourts As Agent For Thomas Towler has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4782651 — net $903.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$391.00	Cleaning
Lawns and Garden work: rubbish removal	$299.00	Lawns and Garden work: rubbish removal
Repairs: curtains	$171.92	Repairs: curtains
Repairs: bedroom door handles and garage	$297.56	Repairs: bedroom door handles and garage
Repairs: dining room door	$528.78	Repairs: dining room door
Repairs: kitchen door handles	$158.70	Repairs: kitchen door handles
Repairs: walls	$535.73	Repairs: walls
Window repairs: including sliding door	$460.00	Window repairs: including sliding door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$903.13
Total payable by Tenant to Landlord	$903.13

Order

Kiri Maxine Childs must pay Team Group Rentals Limited T/A Harcourts As Agent For Thomas Towler $903.13 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,960.00 (3464577-011) to Team Group Rentals Limited T/A Harcourts As Agent For Thomas Towler immediately. DescriptionLandlord Cleaning$391.00 Lawns and Garden work: rubbish removal$299.00 Repairs: curtains$171.92 Repairs: bedroom door handles and garage$297.56 Repairs: dining room door$528.78 Repairs: kitchen door handles$158.70 Repairs: walls$535.73 Window repairs: including sliding door$460.00 Filing fee reimbursement$20.44 Total award$2,863.13 Bond$1,960.00 Total payable by Tenant to Landlord$903.13

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for compensation, refund of the bond and reimbursement of the filing fee following 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 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.
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 following damage was caused during the tenancy: a. Glass was broken in the lounge door and the porch. b. Paint and drawing on walls. c. A number of holes in walls. d. A curtain rail was broken and a curtain pulled off the rail. e. Damage to the garage door. f. Door handles to the bedrooms had been changed to handles with locks. g. Cupboard door handles in the kitchen were broken or missing. h. The door between the dining room and the hallway was destroyed.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Some of the damage is intentional and some careless. The individual amounts claimed are each less than the relevant limit detailed above.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. The property had been renovated at the start of the tenancy. The landlord is entitled to receive back the property in the same condition and so I have not deducted any amount for betterment or depreciation.
Because Team Group Rentals Limited T/A Harcourts As Agent For Thomas Towler has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4782651 — Property damage at 12 Cardiff Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4782651 — Property damage at 12 Cardiff Street, Levin, Levin 5510

At a glance

Award balance

Claims & awards

Order

Reasons

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

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