What was the outcome of Tenancy Tribunal case 4794483?

The tribunal order states: Hariroa Tonihi must pay Purple Properties Limited $7,314.21 immediately,

How much money was awarded in case 4794483?

Cleaning: $365.00 awarded to landlord; Cleaning: $180.00 awarded to landlord; Dishwasher Re Plumbing: $192.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $238.76 awarded to landlord; Property Damage: $195.50 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $1,484.79 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $1,647.14 awarded to landlord; Replace Curtains: $636.00 awarded to landlord; Rubbish Removal: $1,151.25 awarded to landlord; Skip Hire: $720.00 awarded to landlord

What type of tenancy dispute was case 4794483?

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

Where can I read the official tribunal order for case 4794483?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10503102-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4794483?

The tribunal order states: Hariroa Tonihi must pay Purple Properties Limited $7,314.21 immediately,

How much money was awarded in case 4794483?

Cleaning: $365.00 awarded to landlord; Cleaning: $180.00 awarded to landlord; Dishwasher Re Plumbing: $192.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $238.76 awarded to landlord; Property Damage: $195.50 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $1,484.79 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $1,647.14 awarded to landlord; Replace Curtains: $636.00 awarded to landlord; Rubbish Removal: $1,151.25 awarded to landlord; Skip Hire: $720.00 awarded to landlord

What type of tenancy dispute was case 4794483?

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

Where can I read the official tribunal order for case 4794483?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10503102-Tenancy_Tribunal_Order.pdf.

162 South Road, Caversham, Dunedin 9012 Tenancy Tribunal Case 4794483 — Property damage

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162 South Road, Caversham, Dunedin 9012 Tenancy Tribunal Case 4794483 — 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 4794483 — net $7,314.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28/11/2023	$1,647.14	Rent arrears to 28/11/2023
Carpet Cleaning	$365.00	Carpet Cleaning
Dishwasher re plumbing	$192.00	Dishwasher re plumbing
Electrical fittings repair	$238.76	Electrical fittings repair
Lock/key replacement	$195.50	Lock/key replacement
Replacement kitchen draws	$800.00	Replacement kitchen draws
Replace curtains	$636.00	Replace curtains
Repairs to shed	$500.00	Repairs to shed
Oven cleaning	$180.00	Oven cleaning
Window repairs	$1,484.79	Window repairs
Skip hire	$720.00	Skip hire
Repairs & rubbish removal	$1,151.25	Repairs & rubbish removal
Insurance excess for fence	$650.00	Insurance excess for fence
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,314.21
Total payable by Tenant to Landlord	$7,314.21

Claims and awards for application 4794483 — net $7,314.21 NZD. Verify on MoJ.

Rent arrears to 28/11/2023

Amount: $1,647.14
Awarded to: Landlord
Reason: Rent arrears to 28/11/2023

Carpet Cleaning

Amount: $365.00
Awarded to: Landlord
Reason: Carpet Cleaning

Dishwasher re plumbing

Amount: $192.00
Awarded to: Landlord
Reason: Dishwasher re plumbing

Electrical fittings repair

Amount: $238.76
Awarded to: Landlord
Reason: Electrical fittings repair

Lock/key replacement

Amount: $195.50
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

Hariroa Tonihi must pay Purple Properties Limited $7,314.21 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,466.67 (3062401-007) to Purple Properties Limited immediately.

Reasons

The landlord and one tenant 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.
The tenancy began on 21/9/2020 in the name of two tenants.
The tenant who appeared at the hearing gave evidence he was unable to return to the premises from 5/12/2022.
The landlord confirmed that the remaining tenant did not advise her of that fact until the remaining tenant gave notice on 23/10/2023.
Following discussions during the hearing the landlord agreed that the tenant who had departed would not be liable for the arrears or compensation sought, on the basis that he forfeited his one third share of the bond towards the costs of replacing the fence which he had removed.
In consideration of this agreement the name of that tenant has been removed from the order.

How much is owed for rent?

The tenancy ended on 7/12/2023, but the landlord only sought arrears to 28/11/2023.
The landlord provided rent records which prove the amount owing.

Did the remaining tenant comply with her 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 photographs from before the tenancy began and after the remaining tenant vacated, invoices and four estimates for work not yet undertaken.
I am persuaded by the evidence that the remaining tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return all the keys.
The amounts ordered are proved, including in this instance the estimates.

Is the remaining 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 damage was caused during the tenancy to electrical wiring, the hot water cylinder, two windows, a glass door, curtain tracks and curtains, walls, kitchen window frame, venetian blinds, kitchen draws, dishwasher, shed and fence and was most likely intentional.
The damage is more than fair wear and tear.
As the landlord has wholly succeeded with the claim, I must award 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 4794483 — net $7,314.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28/11/2023	$1,647.14	Rent arrears to 28/11/2023
Carpet Cleaning	$365.00	Carpet Cleaning
Dishwasher re plumbing	$192.00	Dishwasher re plumbing
Electrical fittings repair	$238.76	Electrical fittings repair
Lock/key replacement	$195.50	Lock/key replacement
Replacement kitchen draws	$800.00	Replacement kitchen draws
Replace curtains	$636.00	Replace curtains
Repairs to shed	$500.00	Repairs to shed
Oven cleaning	$180.00	Oven cleaning
Window repairs	$1,484.79	Window repairs
Skip hire	$720.00	Skip hire
Repairs & rubbish removal	$1,151.25	Repairs & rubbish removal
Insurance excess for fence	$650.00	Insurance excess for fence
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,314.21
Total payable by Tenant to Landlord	$7,314.21

Claims and awards for application 4794483 — net $7,314.21 NZD. Verify on MoJ.

Rent arrears to 28/11/2023

Amount: $1,647.14
Awarded to: Landlord
Reason: Rent arrears to 28/11/2023

Carpet Cleaning

Amount: $365.00
Awarded to: Landlord
Reason: Carpet Cleaning

Dishwasher re plumbing

Amount: $192.00
Awarded to: Landlord
Reason: Dishwasher re plumbing

Electrical fittings repair

Amount: $238.76
Awarded to: Landlord
Reason: Electrical fittings repair

Lock/key replacement

Amount: $195.50
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

Hariroa Tonihi must pay Purple Properties Limited $7,314.21 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,466.67 (3062401-007) to Purple Properties Limited immediately.

Reasons

The landlord and one tenant 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.
The tenancy began on 21/9/2020 in the name of two tenants.
The tenant who appeared at the hearing gave evidence he was unable to return to the premises from 5/12/2022.
The landlord confirmed that the remaining tenant did not advise her of that fact until the remaining tenant gave notice on 23/10/2023.
Following discussions during the hearing the landlord agreed that the tenant who had departed would not be liable for the arrears or compensation sought, on the basis that he forfeited his one third share of the bond towards the costs of replacing the fence which he had removed.
In consideration of this agreement the name of that tenant has been removed from the order.

How much is owed for rent?

The tenancy ended on 7/12/2023, but the landlord only sought arrears to 28/11/2023.
The landlord provided rent records which prove the amount owing.

Did the remaining tenant comply with her 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 photographs from before the tenancy began and after the remaining tenant vacated, invoices and four estimates for work not yet undertaken.
I am persuaded by the evidence that the remaining tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return all the keys.
The amounts ordered are proved, including in this instance the estimates.

Is the remaining 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 damage was caused during the tenancy to electrical wiring, the hot water cylinder, two windows, a glass door, curtain tracks and curtains, walls, kitchen window frame, venetian blinds, kitchen draws, dishwasher, shed and fence and was most likely intentional.
The damage is more than fair wear and tear.
As the landlord has wholly succeeded with the claim, I must award the filing fee.

Tenancy Tribunal case 4794483 — Property damage at 162 South Road, Caversham, Dunedin 9012

At a glance

Tenancy Tribunal case 4794483 — Property damage at 162 South Road, Caversham, Dunedin 9012

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the remaining tenant comply with her obligations at the end of the tenancy?

Is the remaining 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 remaining tenant comply with her obligations at the end of the tenancy?

Is the remaining tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions