What was the outcome of Tenancy Tribunal case 4820103?

The tribunal order states: Martyn Simonsen must pay Michael Terence Leonard & Irene Gaye Leonard As

How much money was awarded in case 4820103?

Cleaning: $420.00 awarded to landlord; Previous Award TT4755029: $3,331.15 awarded to landlord; Property Damage: $267.72 awarded to landlord

What type of tenancy dispute was case 4820103?

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

Where can I read the official tribunal order for case 4820103?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10328042-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4820103?

The tribunal order states: Martyn Simonsen must pay Michael Terence Leonard & Irene Gaye Leonard As

How much money was awarded in case 4820103?

Cleaning: $420.00 awarded to landlord; Previous Award TT4755029: $3,331.15 awarded to landlord; Property Damage: $267.72 awarded to landlord

What type of tenancy dispute was case 4820103?

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

Where can I read the official tribunal order for case 4820103?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10328042-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 55 Earnslaw Street, Avenal, Invercargill 9810 Tenancy Tribunal Case 4820103 — Cleanliness

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Unit/Flat 5, 55 Earnslaw Street, Avenal, Invercargill 9810 Tenancy Tribunal Case 4820103 — Cleanliness | 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 4820103 — net $4,019.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Clean up and packing up total	$420.00	Clean up and packing up total
Window repairs	$267.72	Window repairs
Previous Award TT4755029	$3,331.15	Previous Award TT4755029
Net award	$4,019.22
Total payable by Tenant to Landlord	$4,019.22

Claims and awards for application 4820103 — net $4,019.22 NZD. Verify on MoJ.

Clean up and packing up total

Amount: $420.00
Awarded to: Landlord
Reason: Clean up and packing up total

Window repairs

Amount: $267.72
Awarded to: Landlord
Reason: Window repairs

Previous Award TT4755029

Amount: $3,331.15
Awarded to: Landlord
Reason: Previous Award TT4755029

Net award

Landlord $4,019.22

Total payable by Tenant to Landlord

Landlord $4,019.22

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

Martyn Simonsen must pay Michael Terence Leonard & Irene Gaye Leonard As Trustees For The Mt & Ig Leonard Family Trust $4,019.22 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 23 December 2023 under application 4755029

Reasons

The tenant failed to attend the hearing.
This tenancy came to an end pursuant to a tenancy tribunal order dated 23 December 2023 due to outstanding rent arrears.
The landlord has now applied for the clean up costs and the broken window.

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 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: A window was broken and the evidence is that it weas broken from the inside out. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
On 23 December 2023 the Tribunal made an order relating to this tenancy, for rent arrears. The previous order is incorporated into this order for enforcement purposes.

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 4820103 — net $4,019.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Clean up and packing up total	$420.00	Clean up and packing up total
Window repairs	$267.72	Window repairs
Previous Award TT4755029	$3,331.15	Previous Award TT4755029
Net award	$4,019.22
Total payable by Tenant to Landlord	$4,019.22

Claims and awards for application 4820103 — net $4,019.22 NZD. Verify on MoJ.

Clean up and packing up total

Amount: $420.00
Awarded to: Landlord
Reason: Clean up and packing up total

Window repairs

Amount: $267.72
Awarded to: Landlord
Reason: Window repairs

Previous Award TT4755029

Amount: $3,331.15
Awarded to: Landlord
Reason: Previous Award TT4755029

Net award

Landlord $4,019.22

Total payable by Tenant to Landlord

Landlord $4,019.22

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

Martyn Simonsen must pay Michael Terence Leonard & Irene Gaye Leonard As Trustees For The Mt & Ig Leonard Family Trust $4,019.22 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 23 December 2023 under application 4755029

Reasons

The tenant failed to attend the hearing.
This tenancy came to an end pursuant to a tenancy tribunal order dated 23 December 2023 due to outstanding rent arrears.
The landlord has now applied for the clean up costs and the broken window.

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 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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: A window was broken and the evidence is that it weas broken from the inside out. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
On 23 December 2023 the Tribunal made an order relating to this tenancy, for rent arrears. The previous order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 4820103 — Cleanliness at Unit/Flat 5, 55 Earnslaw Street, Avenal, Invercargill 9810

At a glance

Tenancy Tribunal case 4820103 — Cleanliness at Unit/Flat 5, 55 Earnslaw Street, Avenal, Invercargill 9810

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