What was the outcome of Tenancy Tribunal case 4813997?

The tribunal order states: Leeshea Haa must pay Unique Realty Limited As Agent For Andy Valentine

How much money was awarded in case 4813997?

Cleaning: $1,104.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $711.45 awarded to landlord; Property Damage: $155.25 awarded to landlord; Rent Credit: $457.14 awarded to tenant; Mediated Order: $507.48 awarded to landlord; Rubbish Removal: $1,580.76 awarded to landlord

What type of tenancy dispute was case 4813997?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4813997?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10300458-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4813997?

The tribunal order states: Leeshea Haa must pay Unique Realty Limited As Agent For Andy Valentine

How much money was awarded in case 4813997?

Cleaning: $1,104.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $711.45 awarded to landlord; Property Damage: $155.25 awarded to landlord; Rent Credit: $457.14 awarded to tenant; Mediated Order: $507.48 awarded to landlord; Rubbish Removal: $1,580.76 awarded to landlord

What type of tenancy dispute was case 4813997?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4813997?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10300458-Tenancy_Tribunal_Order.pdf.

18 Collins Crescent, Feilding, Feilding 4702 Tenancy Tribunal Case 4813997 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4813997 — net $1,822.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$1,104.00		Cleaning
Rubbish removal	$1,580.76		Rubbish removal
Repairs: Mediated Order	$507.48		Repairs: Mediated Order
Lock/key replacement: including repairs	$711.45		Lock/key replacement: including repairs
Window repairs	$155.25		Window repairs
Filing fee reimbursement	$20.44		Filing fee reimbursement
rent credit		$457.14	rent credit
Total award	$4,079.38	$457.14
Net award	$1,822.24
Total payable by Tenant to Landlord	$1,822.24

The landlord attended the hearing.

The landlord submitted an email dated 7 May 2024 from the tenant to the landlord advising that she would not be able to attend.

The landlord has applied for rent 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 17 April 2024 when the tenant finally gave vacant possession pursuant to a termination Order of the Tribunal dated 12 April 2024. The landlord provided rent records which show a credit at the end of the tenancy.

This credit is to be applied to the amount owing by the tenant under this Order.

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish or all of her chattels and personal effects.

The tenant did not return the keys. The landlord advised that she told the landlord that she had lost the keys and had to break a window to gain access. Included in the locksmith’s account is a charge for temporarily securing this window and also the repair of locks and doors intentionally broken by the tenant during the tenancy.

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 landlord and the tenant had agreed at mediation to the tenant’s liability for a number of items which have been included in this Order.

As noted above, a window and various locks were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord provided further photographic evidence of further damage to the property including holes in walls, damage to doors and door frames and the carpet. The landlord is currently progressing an insurance claim for this damage and was only able to provide quotations at this stage.

The landlord withdrew these claims and will file a further application once the total quantum has been determined.

Because Unique Realty Limited As Agent For Andy Valentine has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4813997 — net $1,822.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$1,104.00		Cleaning
Rubbish removal	$1,580.76		Rubbish removal
Repairs: Mediated Order	$507.48		Repairs: Mediated Order
Lock/key replacement: including repairs	$711.45		Lock/key replacement: including repairs
Window repairs	$155.25		Window repairs
Filing fee reimbursement	$20.44		Filing fee reimbursement
rent credit		$457.14	rent credit
Total award	$4,079.38	$457.14
Net award	$1,822.24
Total payable by Tenant to Landlord	$1,822.24

Order

Leeshea Haa must pay Unique Realty Limited As Agent For Andy Valentine $1,822.24 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,800.00 (5602877-004) to Unique Realty Limited As Agent For Andy Valentine immediately.

Reasons

The landlord attended the hearing.
The landlord submitted an email dated 7 May 2024 from the tenant to the landlord advising that she would not be able to attend.
The landlord has applied for rent 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 17 April 2024 when the tenant finally gave vacant possession pursuant to a termination Order of the Tribunal dated 12 April 2024. The landlord provided rent records which show a credit at the end of the tenancy.
This credit is to be applied to the amount owing by the tenant under this Order.

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish or all of her chattels and personal effects.
The tenant did not return the keys. The landlord advised that she told the landlord that she had lost the keys and had to break a window to gain access. Included in the locksmith’s account is a charge for temporarily securing this window and also the repair of locks and doors intentionally broken by the tenant during the tenancy.
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 landlord and the tenant had agreed at mediation to the tenant’s liability for a number of items which have been included in this Order.
As noted above, a window and various locks were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord provided further photographic evidence of further damage to the property including holes in walls, damage to doors and door frames and the carpet. The landlord is currently progressing an insurance claim for this damage and was only able to provide quotations at this stage.
The landlord withdrew these claims and will file a further application once the total quantum has been determined.
Because Unique Realty Limited As Agent For Andy Valentine has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4813997 — Property damage at 18 Collins Crescent, Feilding, Feilding 4702

At a glance

Tenancy Tribunal case 4813997 — Property damage at 18 Collins Crescent, Feilding, Feilding 4702

At a glance

Award balance

Claims & awards

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

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