What was the outcome of Tenancy Tribunal case 4799460?

The tribunal order states: Angel Mcleod, Akuira Biddle and Josephine Biddle are to pay Team Group

How much money was awarded in case 4799460?

Cleaning: $212.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $502.00 awarded to landlord; Paint Bedroom Wall: $104.98 awarded to landlord

What type of tenancy dispute was case 4799460?

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

Where can I read the official tribunal order for case 4799460?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10219838-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4799460?

The tribunal order states: Angel Mcleod, Akuira Biddle and Josephine Biddle are to pay Team Group

How much money was awarded in case 4799460?

Cleaning: $212.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $502.00 awarded to landlord; Paint Bedroom Wall: $104.98 awarded to landlord

What type of tenancy dispute was case 4799460?

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

Where can I read the official tribunal order for case 4799460?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10219838-Tenancy_Tribunal_Order.pdf.

58 Hokio Road, Hokio Beach, Levin 5571 Tenancy Tribunal Case 4799460 — Rent arrears

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58 Hokio Road, Hokio Beach, Levin 5571 Tenancy Tribunal Case 4799460 — 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 4799460 — net $840.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$502.00	Rent arrears
Carpet Cleaning	$212.75	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: paint bedroom wall	$104.98	Repairs: paint bedroom wall
Net award	$840.17
Bond	$2,480.00
Total payable by Tenant to Landlord	$840.17

Claims and awards for application 4799460 — net $840.17 NZD. Verify on MoJ.

Rent arrears

Amount: $502.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $212.75
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Repairs: paint bedroom wall

Amount: $104.98
Awarded to: Landlord
Reason: Repairs: paint bedroom wall

Net award

Landlord $840.17

Bond

Landlord $2,480.00

Total payable by Tenant to Landlord

Dismissed claims

Property Damage

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Property damage

Order

Angel Mcleod, Akuira Biddle and Josephine Biddle are to pay Team Group Rentals Limited As Agent For Matt Millar $840.17 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,480.00 (5735158-002) immediately apportioned as follows: Team Group Rentals Limited As Agent For Matt Millar: $840.17 Angel Mcleod, Akuira Biddle and Josephine Biddle: $1,639.83

Reasons

The landlord attended the hearing.
The tenant did not attend 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 7 December 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the carpet had been stained during the tenancy and required cleaning.
The amount ordered is 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 landlord claimed that the following damage was caused during the tenancy: a. The door frame in a bedroom required repair. b. A bedroom wall needed to be painted. c. The front door required repair.
The landlord did not provide evidence of the alleged damage to the front door, nor any reason why the tenant should be held liable for that damage. In the absence of such evidence, the landlord’s claim is dismissed.
The claim to paint over the repairs undertaken by the tenant for damage to a bedroom wall is proven.
The landlord’s property manager explained that the damage to the bedroom door frame was caused when the lock mechanism jammed while the tenant’s child was inside the bedroom. The tenant therefore forced entry.
The landlord had been advised that the lock was not operating correctly and required replacement. The tenant’s action in forcing the door open to free their child was not therefore and unreasonable and the damage the landlord has suffered was the result of his failure to maintain the property by replacing the defective lock.
The landlord’s claim for the costs of repairing the bedroom door is dismissed.
Because Team Group Rentals Limited As Agent For Matt Millar has substantially succeeded with the claim I have reimbursed 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 4799460 — net $840.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$502.00	Rent arrears
Carpet Cleaning	$212.75	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: paint bedroom wall	$104.98	Repairs: paint bedroom wall
Net award	$840.17
Bond	$2,480.00
Total payable by Tenant to Landlord	$840.17

Claims and awards for application 4799460 — net $840.17 NZD. Verify on MoJ.

Rent arrears

Amount: $502.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $212.75
Awarded to: Landlord
Reason: Carpet Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Repairs: paint bedroom wall

Amount: $104.98
Awarded to: Landlord
Reason: Repairs: paint bedroom wall

Net award

Landlord $840.17

Bond

Landlord $2,480.00

Total payable by Tenant to Landlord

Dismissed claims

Property Damage

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears Property damage

Order

Angel Mcleod, Akuira Biddle and Josephine Biddle are to pay Team Group Rentals Limited As Agent For Matt Millar $840.17 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,480.00 (5735158-002) immediately apportioned as follows: Team Group Rentals Limited As Agent For Matt Millar: $840.17 Angel Mcleod, Akuira Biddle and Josephine Biddle: $1,639.83

Reasons

The landlord attended the hearing.
The tenant did not attend 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 7 December 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the carpet had been stained during the tenancy and required cleaning.
The amount ordered is 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 landlord claimed that the following damage was caused during the tenancy: a. The door frame in a bedroom required repair. b. A bedroom wall needed to be painted. c. The front door required repair.
The landlord did not provide evidence of the alleged damage to the front door, nor any reason why the tenant should be held liable for that damage. In the absence of such evidence, the landlord’s claim is dismissed.
The claim to paint over the repairs undertaken by the tenant for damage to a bedroom wall is proven.
The landlord’s property manager explained that the damage to the bedroom door frame was caused when the lock mechanism jammed while the tenant’s child was inside the bedroom. The tenant therefore forced entry.
The landlord had been advised that the lock was not operating correctly and required replacement. The tenant’s action in forcing the door open to free their child was not therefore and unreasonable and the damage the landlord has suffered was the result of his failure to maintain the property by replacing the defective lock.
The landlord’s claim for the costs of repairing the bedroom door is dismissed.
Because Team Group Rentals Limited As Agent For Matt Millar has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4799460 — Rent arrears at 58 Hokio Road, Hokio Beach, Levin 5571

At a glance

Tenancy Tribunal case 4799460 — Rent arrears at 58 Hokio Road, Hokio Beach, Levin 5571

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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