What was Tenancy Tribunal case 4795237 about?

The tribunal order states: Tipene Peni must pay [The landlord/s] $1267.88 immediately, calculated as

How much money was awarded in case 4795237?

Rubbish Removal: $641.70 awarded to landlord; Filing Fee: $40.88 awarded to landlord; Property Damage: $215.60 awarded to landlord; Property Damage: $549.70 awarded to landlord

What type of tenancy dispute was case 4795237?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4795237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10113989-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4795237 about?

The tribunal order states: Tipene Peni must pay [The landlord/s] $1267.88 immediately, calculated as

How much money was awarded in case 4795237?

Rubbish Removal: $641.70 awarded to landlord; Filing Fee: $40.88 awarded to landlord; Property Damage: $215.60 awarded to landlord; Property Damage: $549.70 awarded to landlord

What type of tenancy dispute was case 4795237?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4795237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10113989-Tribunal_Order_Redacted.pdf.

5B Landau Court, Ashhurst, Ashhurst 4810 Tenancy Tribunal Case 4795237 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4795237 — net $1,267.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: and rubbish removal	$641.70	Cleaning: and rubbish removal
Lock/key replacement	$215.60	Lock/key replacement
Repairs	$549.70	Repairs
Filing fee reimbursement x2	$40.88	Filing fee reimbursement x2
Net award	$1,267.88
Total payable by Tenant to Landlord	$1,267.88

The landlord attended the hearing. There was no appearance for the tenant.

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

The parties had attended a mediation regarding rent arrears and an order was made for $1,500 to be made from the bond. The sum of $180 remained from the bond. That application, 4753708 was therefore dismissed on 14 March 2024, but the issue of the filing fee of $20.44 was not dealt with. I now order reimbursement of that filing fee.

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

The tenancy ended on 10 December 2023. 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 landlord said that no cleaning had been done. Cleaning was required and rubbish, including tyres and a TV had to be removed.

Although the tenant returned the keys, when a “subtenant” approached the landlord seeking a key, it became apparent that the tenant he had sublet and had other keys cut. Not all the keys were returned and so the locks required replacement.

The landlord provided invoices for the cleaning, rubbish removal and lock replacement.

The amounts ordered are proved.

Smoke alarms had also been removed. The replacement costs for those were included in the repairs bill below.

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.

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.

During the tenancy paper had been placed on the walls, causing damage when removed, wallpaper had been ripped, an indoor clothes line put up, leaving nail holes in the walls, a large hole put in the lounge. The smoke alarm was also removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord submitted an invoice for $549.70. The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4795237 — net $1,267.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: and rubbish removal	$641.70	Cleaning: and rubbish removal
Lock/key replacement	$215.60	Lock/key replacement
Repairs	$549.70	Repairs
Filing fee reimbursement x2	$40.88	Filing fee reimbursement x2
Net award	$1,267.88
Total payable by Tenant to Landlord	$1,267.88

Order

Tipene Peni must pay [The landlord/s] $1267.88 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $180.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation, refund of the balance of the bond, and reimbursement of the filing fee following the end of the tenancy.
The parties had attended a mediation regarding rent arrears and an order was made for $1,500 to be made from the bond. The sum of $180 remained from the bond. That application, 4753708 was therefore dismissed on 14 March 2024, but the issue of the filing fee of $20.44 was not dealt with. I now order reimbursement of that filing fee.

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

The tenancy ended on 10 December 2023. 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 landlord said that no cleaning had been done. Cleaning was required and rubbish, including tyres and a TV had to be removed.
Although the tenant returned the keys, when a “subtenant” approached the landlord seeking a key, it became apparent that the tenant he had sublet and had other keys cut. Not all the keys were returned and so the locks required replacement.
The landlord provided invoices for the cleaning, rubbish removal and lock replacement.
The amounts ordered are proved.
Smoke alarms had also been removed. The replacement costs for those were included in the repairs bill below.

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.
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.
During the tenancy paper had been placed on the walls, causing damage when removed, wallpaper had been ripped, an indoor clothes line put up, leaving nail holes in the walls, a large hole put in the lounge. The smoke alarm was also removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord submitted an invoice for $549.70. The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4795237 — Property damage at 5B Landau Court, Ashhurst, Ashhurst 4810

At a glance

Tenancy Tribunal case 4795237 — Property damage at 5B Landau Court, Ashhurst, Ashhurst 4810

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

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

Frequently asked questions