What was the outcome of Tenancy Tribunal case 4814037?

The tribunal order states: Lily Mildon-King must pay Westerman Property Solutions Limited As Agent For

How much money was awarded in case 4814037?

Cleaning: $325.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $70.00 awarded to landlord; Previous Order Application 4753216 D…: $39.43 awarded to landlord; Property Damage: $321.48 awarded to landlord; Property Damage: $208.00 awarded to landlord; Replace Net Curtains: $38.00 awarded to landlord; Rubbish Removal: $280.43 awarded to landlord

What type of tenancy dispute was case 4814037?

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

Where can I read the official tribunal order for case 4814037?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10204918-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4814037?

The tribunal order states: Lily Mildon-King must pay Westerman Property Solutions Limited As Agent For

How much money was awarded in case 4814037?

Cleaning: $325.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $70.00 awarded to landlord; Previous Order Application 4753216 D…: $39.43 awarded to landlord; Property Damage: $321.48 awarded to landlord; Property Damage: $208.00 awarded to landlord; Replace Net Curtains: $38.00 awarded to landlord; Rubbish Removal: $280.43 awarded to landlord

What type of tenancy dispute was case 4814037?

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

Where can I read the official tribunal order for case 4814037?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10204918-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 18 Pitiroi Street, Nukuhau, Taupo 3330 Tenancy Tribunal Case 4814037 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 1, 18 Pitiroi Street, Nukuhau, Taupo 3330 Tenancy Tribunal Case 4814037 — 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 4814037 — net $1,302.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4753216 dated 15/01/2024	$39.43	Previous order application 4753216 dated 15/01/2024
Carpet Cleaning and stain removal	$325.00	Carpet Cleaning and stain removal
Rubbish removal	$280.43	Rubbish removal
Lawns and Garden work	$70.00	Lawns and Garden work
Door Replacement	$321.48	Door Replacement
Window repairs	$208.00	Window repairs
Replace net curtains	$38.00	Replace net curtains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,302.78
Total payable by Tenant to Landlord	$1,302.78

Claims and awards for application 4814037 — net $1,302.78 NZD. Verify on MoJ.

Previous order application 4753216 dated 15/01/2024

Amount: $39.43
Awarded to: Landlord
Reason: Previous order application 4753216 dated 15/01/2024

Carpet Cleaning and stain removal

Amount: $325.00
Awarded to: Landlord
Reason: Carpet Cleaning and stain removal

Rubbish removal

Amount: $280.43
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $70.00
Awarded to: Landlord
Reason: Lawns and Garden work

Door Replacement

Amount: $321.48
Awarded to: Landlord
Reason: Door Replacement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Lily Mildon-King must pay Westerman Property Solutions Limited As Agent For Daniel And Natalie Riggs And Picco $1,302.78 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 15/1/2024 under application 4753216.

Reasons

Both parties attended the hearing.
The landlord has applied to incorporate a previous Tribunal order for rent arrears, compensation and reimbursement of the filing fee following 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the carpets in a reasonably clean and tidy condition, and did not remove all rubbish. The lawns and gardens required attention to restore them to a reasonable condition.
Two net curtains were missing at the end of the tenancy. The landlord had to replace 4 light bulbs however that was due to normal use and is a matter of fair wear and tear.
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.
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: an internal door was damaged and left in a rubbish pile and a window needed repair. The damage is more than fair wear and tear, and the tenant admits liability for the damage.
The amounts ordered are proved.
On 15/1/2024 the Tribunal made an order relating to this tenancy, for rent arrears and a refund of the bond. The previous order is incorporated into this order for enforcement purposes.
Because Westerman Property Solutions Limited As Agent For Daniel And Natalie Riggs And Picco has wholly succeeded with the claim I must reimburse 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 4814037 — net $1,302.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4753216 dated 15/01/2024	$39.43	Previous order application 4753216 dated 15/01/2024
Carpet Cleaning and stain removal	$325.00	Carpet Cleaning and stain removal
Rubbish removal	$280.43	Rubbish removal
Lawns and Garden work	$70.00	Lawns and Garden work
Door Replacement	$321.48	Door Replacement
Window repairs	$208.00	Window repairs
Replace net curtains	$38.00	Replace net curtains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,302.78
Total payable by Tenant to Landlord	$1,302.78

Claims and awards for application 4814037 — net $1,302.78 NZD. Verify on MoJ.

Previous order application 4753216 dated 15/01/2024

Amount: $39.43
Awarded to: Landlord
Reason: Previous order application 4753216 dated 15/01/2024

Carpet Cleaning and stain removal

Amount: $325.00
Awarded to: Landlord
Reason: Carpet Cleaning and stain removal

Rubbish removal

Amount: $280.43
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $70.00
Awarded to: Landlord
Reason: Lawns and Garden work

Door Replacement

Amount: $321.48
Awarded to: Landlord
Reason: Door Replacement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Lily Mildon-King must pay Westerman Property Solutions Limited As Agent For Daniel And Natalie Riggs And Picco $1,302.78 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 15/1/2024 under application 4753216.

Reasons

Both parties attended the hearing.
The landlord has applied to incorporate a previous Tribunal order for rent arrears, compensation and reimbursement of the filing fee following 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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the carpets in a reasonably clean and tidy condition, and did not remove all rubbish. The lawns and gardens required attention to restore them to a reasonable condition.
Two net curtains were missing at the end of the tenancy. The landlord had to replace 4 light bulbs however that was due to normal use and is a matter of fair wear and tear.
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.
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: an internal door was damaged and left in a rubbish pile and a window needed repair. The damage is more than fair wear and tear, and the tenant admits liability for the damage.
The amounts ordered are proved.
On 15/1/2024 the Tribunal made an order relating to this tenancy, for rent arrears and a refund of the bond. The previous order is incorporated into this order for enforcement purposes.
Because Westerman Property Solutions Limited As Agent For Daniel And Natalie Riggs And Picco has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4814037 — Property damage at Unit/Flat 1, 18 Pitiroi Street, Nukuhau, Taupo 3330

At a glance

Tenancy Tribunal case 4814037 — Property damage at Unit/Flat 1, 18 Pitiroi Street, Nukuhau, Taupo 3330

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

Property management

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

Property management

Frequently asked questions