What was the outcome of Tenancy Tribunal case 4800377?

The tribunal order states: Nicole Tuinenga must pay Whalan And Partners Limited $9,070.44

How much money was awarded in case 4800377?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4800377?

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

Where can I read the official tribunal order for case 4800377?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10188697-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4800377?

The tribunal order states: Nicole Tuinenga must pay Whalan And Partners Limited $9,070.44

How much money was awarded in case 4800377?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4800377?

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

Where can I read the official tribunal order for case 4800377?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10188697-Tenancy_Tribunal_Order.pdf.

61 Lowes Road, Rolleston, Rolleston 7614 Tenancy Tribunal Case 4800377 — Property damage

Order

Nicole Tuinenga must pay Whalan And Partners Limited $9,070.44 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 10 December 2023)$360.00 Water rates (to 10 December 2023)$140.10 Lock/key replacement$249.64 Rubbish removal: Skip Hire$460.23 Cleaning$1,240.01 Repairs: Walls & Doors$2,570.94 Repairs: Carpet Replacement$4,949.08 Filing fee reimbursement$20.44 Total award$9,990.44 Bond (already received by Landlord)$920.00 Total payable by Tenant to Landlord$9,070.44

Reasons

Representatives of the landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 10 December 2023.
The landlord provided rent records and water rates invoices which prove the amounts 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 landlord provided photographs and invoices to establish its claims. 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 and doors were damaged, locks were broken and the carpet was heavily soiled throughout and had to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The property was new at the start of this tenancy. The landlord provided photographs and invoices to prove its claims. The damage appears to be intentional. I have awarded the amounts claimed except in relation to the carpet, where I have applied 15% depreciation; having regard to the condition at the start of the tenancy and the likely useful lifespan.
The landlord also provided an invoice for replacement carpet, but no photographs of the damage. the landlord described the damage as a small rip in front of the fridge. The landlord did not prove its claim in relation to replacement vinyl. The claim is dismissed.
As the landlord was substantially successful, I have awarded reimbursement of the filing fee.

Order

Nicole Tuinenga must pay Whalan And Partners Limited $9,070.44 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 10 December 2023)$360.00 Water rates (to 10 December 2023)$140.10 Lock/key replacement$249.64 Rubbish removal: Skip Hire$460.23 Cleaning$1,240.01 Repairs: Walls & Doors$2,570.94 Repairs: Carpet Replacement$4,949.08 Filing fee reimbursement$20.44 Total award$9,990.44 Bond (already received by Landlord)$920.00 Total payable by Tenant to Landlord$9,070.44

Reasons

Representatives of the landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 10 December 2023.
The landlord provided rent records and water rates invoices which prove the amounts 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 landlord provided photographs and invoices to establish its claims. 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 and doors were damaged, locks were broken and the carpet was heavily soiled throughout and had to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The property was new at the start of this tenancy. The landlord provided photographs and invoices to prove its claims. The damage appears to be intentional. I have awarded the amounts claimed except in relation to the carpet, where I have applied 15% depreciation; having regard to the condition at the start of the tenancy and the likely useful lifespan.
The landlord also provided an invoice for replacement carpet, but no photographs of the damage. the landlord described the damage as a small rip in front of the fridge. The landlord did not prove its claim in relation to replacement vinyl. The claim is dismissed.
As the landlord was substantially successful, I have awarded reimbursement of the filing fee.

Tenancy Tribunal case 4800377 — Property damage at 61 Lowes Road, Rolleston, Rolleston 7614

Tenancy Tribunal case 4800377 — Property damage at 61 Lowes Road, Rolleston, Rolleston 7614

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?

Property management

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?

Property management