What was the outcome of Tenancy Tribunal case 4821140?

The tribunal order states: Kirsty Kawana and Daniel Sawkins must pay hamill realty limited as agent for

How much money was awarded in case 4821140?

Cleaning: $490.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Labour Incl GST: $299.00 awarded to landlord; Lightbulbs: $30.49 awarded to landlord; Paint: $96.90 awarded to landlord; Two Doors Replaced: $122.78 awarded to landlord; Smoke Alarms: $22.61 awarded to landlord

What type of tenancy dispute was case 4821140?

The primary dispute was Cleanliness. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 4821140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10508513-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4821140?

The tribunal order states: Kirsty Kawana and Daniel Sawkins must pay hamill realty limited as agent for

How much money was awarded in case 4821140?

Cleaning: $490.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Labour Incl GST: $299.00 awarded to landlord; Lightbulbs: $30.49 awarded to landlord; Paint: $96.90 awarded to landlord; Two Doors Replaced: $122.78 awarded to landlord; Smoke Alarms: $22.61 awarded to landlord

What type of tenancy dispute was case 4821140?

The primary dispute was Cleanliness. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 4821140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10508513-Tenancy_Tribunal_Order.pdf.

38 Taranaki Street, Kuripuni, Masterton 5810 Tenancy Tribunal Case 4821140 — Cleanliness

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38 Taranaki Street, Kuripuni, Masterton 5810 Tenancy Tribunal Case 4821140 — 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 4821140 — net $1,082.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$490.00	Carpet Cleaning
Light bulbs/batteries	$30.49	Light bulbs/batteries
Replace smoke alarms	$22.61	Replace smoke alarms
Repairs: two doors replaced	$122.78	Repairs: two doors replaced
Paint	$96.90	Paint
Labour incl GST	$299.00	Labour incl GST
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,082.22
Total payable by Tenant to Landlord	$1,082.22

Claims and awards for application 4821140 — net $1,082.22 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $490.00
Awarded to: Landlord
Reason: Carpet Cleaning

Light bulbs/batteries

Amount: $30.49
Awarded to: Landlord
Reason: Light bulbs/batteries

Replace smoke alarms

Amount: $22.61
Awarded to: Landlord
Reason: Replace smoke alarms

Repairs: two doors replaced

Amount: $122.78
Awarded to: Landlord
Reason: Repairs: two doors replaced

Paint

Amount: $96.90
Awarded to: Landlord
Reason: Paint

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Replace Smoke Alarms

Order

Kirsty Kawana and Daniel Sawkins must pay hamill realty limited as agent for Emily Churchill & Samuel Davison $1,082.22 immediately, calculated as shown in table below.

Reasons

The hearing was conducted by telephone. The tenants were called on the phone numbers provided but did not answer. The hearing continued in their absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The bond had been refunded to the landlord and used for rent arrears.

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 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. The carpet throughout the 3 bedroom home was dirty and badly stained.
The following chattels were missing at the end of the tenancy: A smoke alarm was removed and the landlord had to replace four standard light bulbs. I find the heat lamp bulb in the bathroom not to be a standard bulb.
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.
The following damage was caused during the tenancy: Two doors had large badly repaired holes in them. I find that this is intentional damage. 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.
Because Hamill Realty Limited as agent for Emily Churchill & Samuel Davison 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 4821140 — net $1,082.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$490.00	Carpet Cleaning
Light bulbs/batteries	$30.49	Light bulbs/batteries
Replace smoke alarms	$22.61	Replace smoke alarms
Repairs: two doors replaced	$122.78	Repairs: two doors replaced
Paint	$96.90	Paint
Labour incl GST	$299.00	Labour incl GST
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,082.22
Total payable by Tenant to Landlord	$1,082.22

Claims and awards for application 4821140 — net $1,082.22 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $490.00
Awarded to: Landlord
Reason: Carpet Cleaning

Light bulbs/batteries

Amount: $30.49
Awarded to: Landlord
Reason: Light bulbs/batteries

Replace smoke alarms

Amount: $22.61
Awarded to: Landlord
Reason: Replace smoke alarms

Repairs: two doors replaced

Amount: $122.78
Awarded to: Landlord
Reason: Repairs: two doors replaced

Paint

Amount: $96.90
Awarded to: Landlord
Reason: Paint

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Replace Smoke Alarms

Order

Kirsty Kawana and Daniel Sawkins must pay hamill realty limited as agent for Emily Churchill & Samuel Davison $1,082.22 immediately, calculated as shown in table below.

Reasons

The hearing was conducted by telephone. The tenants were called on the phone numbers provided but did not answer. The hearing continued in their absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The bond had been refunded to the landlord and used for rent arrears.

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 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. The carpet throughout the 3 bedroom home was dirty and badly stained.
The following chattels were missing at the end of the tenancy: A smoke alarm was removed and the landlord had to replace four standard light bulbs. I find the heat lamp bulb in the bathroom not to be a standard bulb.
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.
The following damage was caused during the tenancy: Two doors had large badly repaired holes in them. I find that this is intentional damage. 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.
Because Hamill Realty Limited as agent for Emily Churchill & Samuel Davison has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4821140 — Cleanliness at 38 Taranaki Street, Kuripuni, Masterton 5810

At a glance

Tenancy Tribunal case 4821140 — Cleanliness at 38 Taranaki Street, Kuripuni, Masterton 5810

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