What was the outcome of Tenancy Tribunal case 4798378?

The tribunal order states: Eunice Foaga must pay 360 Property Management Limited - As Agent For The

How much money was awarded in case 4798378?

Cleaning: $632.50 awarded to landlord; Cleaning: $138.00 awarded to landlord; Cleaning: $977.50 awarded to landlord; Property Damage: $46.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $287.50 awarded to landlord; Pest Control: $195.00 awarded to landlord; Rent Arrears: $3,414.29 awarded to landlord; Blinds: $155.25 awarded to landlord; Clothesline: $431.25 awarded to landlord; Property Damage: $161.00 awarded to landlord; Property Damage: $2,898.00 awarded to landlord; Shower Door: $161.00 awarded to landlord; Toilet Roll Holder: $69.00 awarded to landlord; Rubbish Removal: $322.00 awarded to landlord; Water Rates: $250.04 awarded to landlord

What type of tenancy dispute was case 4798378?

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

Where can I read the official tribunal order for case 4798378?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10359183-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4798378?

The tribunal order states: Eunice Foaga must pay 360 Property Management Limited - As Agent For The

How much money was awarded in case 4798378?

Cleaning: $632.50 awarded to landlord; Cleaning: $138.00 awarded to landlord; Cleaning: $977.50 awarded to landlord; Property Damage: $46.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $287.50 awarded to landlord; Pest Control: $195.00 awarded to landlord; Rent Arrears: $3,414.29 awarded to landlord; Blinds: $155.25 awarded to landlord; Clothesline: $431.25 awarded to landlord; Property Damage: $161.00 awarded to landlord; Property Damage: $2,898.00 awarded to landlord; Shower Door: $161.00 awarded to landlord; Toilet Roll Holder: $69.00 awarded to landlord; Rubbish Removal: $322.00 awarded to landlord; Water Rates: $250.04 awarded to landlord

What type of tenancy dispute was case 4798378?

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

Where can I read the official tribunal order for case 4798378?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10359183-Tribunal_Order.pdf.

38 Hollowout Street, Takanini, Takanini 2112 Tenancy Tribunal Case 4798378 — Property damage

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38 Hollowout Street, Takanini, Takanini 2112 Tenancy Tribunal Case 4798378 — 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 4798378 — net $7,278.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 December 2023	$3,414.29	Rent arrears to 6 December 2023
Water rates	$250.04	Water rates
Pest control	$195.00	Pest control
Cleaning	$977.50	Cleaning
Carpet Cleaning	$632.50	Carpet Cleaning
Rubbish removal	$322.00	Rubbish removal
Lawns and Garden work	$287.50	Lawns and Garden work
Carpet Cleaning: garage	$138.00	Carpet Cleaning: garage
Repairs: painting of walls and ceiling and replacement of damaged doors, throughout the house	$2,898.00	Repairs: painting of walls and ceiling and replacement of damaged doors, throughout the house
Repairs: blinds	$155.25	Repairs: blinds
Repairs: clothesline	$431.25	Repairs: clothesline
Repairs: toilet roll holder	$69.00	Repairs: toilet roll holder
Repairs: shower door	$161.00	Repairs: shower door
Electrical fittings replacement/repair: powerpoint	$46.00	Electrical fittings replacement/repair: powerpoint
Repairs: lightshade replacement	$161.00	Repairs: lightshade replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,278.77
Total payable by Tenant to Landlord	$7,278.77

Claims and awards for application 4798378 — net $7,278.77 NZD. Verify on MoJ.

Rent arrears to 6 December 2023

Amount: $3,414.29
Awarded to: Landlord
Reason: Rent arrears to 6 December 2023

Water rates

Amount: $250.04
Awarded to: Landlord
Reason: Water rates

Pest control

Amount: $195.00
Awarded to: Landlord
Reason: Pest control

Cleaning

Amount: $977.50
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $632.50
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage Filing Fee Lawns And Garden Work Pest Control Rent arrears Rubbish Removal Water Rates

Order

Eunice Foaga must pay 360 Property Management Limited - As Agent For The Wright Property Company Limited $7,278.77 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,880.00 (6090674-031) to 360 Property Management Limited - As Agent For The Wright Property Company Limited immediately.

Reasons

Only the landlord attended the hearing on 17 May 2024.
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 and water rates?

The tenancy ended after the premises was found abandoned in early December 2023 whereby the landlord retook possession. The landlord provided rent records and water rates invoices 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 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: walls, ceiling, doors, blinds, clothesline, toilet roll holder, shower door, lightshade and powerpoint. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. J Tam 21 May 2024 (reissued)

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 4798378 — net $7,278.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 December 2023	$3,414.29	Rent arrears to 6 December 2023
Water rates	$250.04	Water rates
Pest control	$195.00	Pest control
Cleaning	$977.50	Cleaning
Carpet Cleaning	$632.50	Carpet Cleaning
Rubbish removal	$322.00	Rubbish removal
Lawns and Garden work	$287.50	Lawns and Garden work
Carpet Cleaning: garage	$138.00	Carpet Cleaning: garage
Repairs: painting of walls and ceiling and replacement of damaged doors, throughout the house	$2,898.00	Repairs: painting of walls and ceiling and replacement of damaged doors, throughout the house
Repairs: blinds	$155.25	Repairs: blinds
Repairs: clothesline	$431.25	Repairs: clothesline
Repairs: toilet roll holder	$69.00	Repairs: toilet roll holder
Repairs: shower door	$161.00	Repairs: shower door
Electrical fittings replacement/repair: powerpoint	$46.00	Electrical fittings replacement/repair: powerpoint
Repairs: lightshade replacement	$161.00	Repairs: lightshade replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,278.77
Total payable by Tenant to Landlord	$7,278.77

Claims and awards for application 4798378 — net $7,278.77 NZD. Verify on MoJ.

Rent arrears to 6 December 2023

Amount: $3,414.29
Awarded to: Landlord
Reason: Rent arrears to 6 December 2023

Water rates

Amount: $250.04
Awarded to: Landlord
Reason: Water rates

Pest control

Amount: $195.00
Awarded to: Landlord
Reason: Pest control

Cleaning

Amount: $977.50
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $632.50
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage Filing Fee Lawns And Garden Work Pest Control Rent arrears Rubbish Removal Water Rates

Order

Eunice Foaga must pay 360 Property Management Limited - As Agent For The Wright Property Company Limited $7,278.77 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,880.00 (6090674-031) to 360 Property Management Limited - As Agent For The Wright Property Company Limited immediately.

Reasons

Only the landlord attended the hearing on 17 May 2024.
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 and water rates?

The tenancy ended after the premises was found abandoned in early December 2023 whereby the landlord retook possession. The landlord provided rent records and water rates invoices 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 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: walls, ceiling, doors, blinds, clothesline, toilet roll holder, shower door, lightshade and powerpoint. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. J Tam 21 May 2024 (reissued)

Tenancy Tribunal case 4798378 — Property damage at 38 Hollowout Street, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 4798378 — Property damage at 38 Hollowout Street, Takanini, Takanini 2112

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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