What was the outcome of Tenancy Tribunal case 4823917?

The tribunal order states: Rachel Simons must pay Shelter Realty Limited Acting Agent for Jini Trust

How much money was awarded in case 4823917?

Cleaning: $920.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Labour Hire To Removal All Tenants’…: $1,380.00 awarded to landlord; Lawns and Garden Work: $1,035.00 awarded to landlord; Property Damage: $414.00 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Property Damage: $650.90 awarded to landlord; Rent Arrears: $2,400.00 awarded to landlord; Plastering and repainting walls and…: $5,750.00 awarded to landlord; Replace Furnishings: (Including GST: $575.00 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord; Storage Of Tenants’ Possessions: $368.00 awarded to landlord; Water Rates: $249.67 awarded to landlord

What type of tenancy dispute was case 4823917?

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

Where can I read the official tribunal order for case 4823917?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10199256-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4823917?

The tribunal order states: Rachel Simons must pay Shelter Realty Limited Acting Agent for Jini Trust

How much money was awarded in case 4823917?

Cleaning: $920.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Labour Hire To Removal All Tenants’…: $1,380.00 awarded to landlord; Lawns and Garden Work: $1,035.00 awarded to landlord; Property Damage: $414.00 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Property Damage: $650.90 awarded to landlord; Rent Arrears: $2,400.00 awarded to landlord; Plastering and repainting walls and…: $5,750.00 awarded to landlord; Replace Furnishings: (Including GST: $575.00 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord; Storage Of Tenants’ Possessions: $368.00 awarded to landlord; Water Rates: $249.67 awarded to landlord

What type of tenancy dispute was case 4823917?

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

Where can I read the official tribunal order for case 4823917?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10199256-Tribunal_Order.pdf.

29A Awaroa Road, Sunnyvale, Auckland 0612 Tenancy Tribunal Case 4823917 — Property damage

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29A Awaroa Road, Sunnyvale, Auckland 0612 Tenancy Tribunal Case 4823917 — 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 4823917 — net $13,963.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,400.00	Rent arrears
Water rates	$249.67	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning: (Including GST	$920.00	Cleaning: (Including GST
Replace furnishings: (Including GST	$575.00	Replace furnishings: (Including GST
Repairs: Plastering and repainting walls and ceilings	$5,750.00	Repairs: Plastering and repainting walls and ceilings
Replacing damaged carpet in lounge	$1,725.00	Replacing damaged carpet in lounge
Lock/key replacement: Replace damaged sliding door lock	$414.00	Lock/key replacement: Replace damaged sliding door lock
Window repairs	$650.90	Window repairs
Lawns and Garden work	$1,035.00	Lawns and Garden work
Storage of tenants’ possessions	$368.00	Storage of tenants’ possessions
Rubbish removal: and skip bins	$575.00	Rubbish removal: and skip bins
Labour hire to removal all tenants’ possessions into storage	$1,380.00	Labour hire to removal all tenants’ possessions into storage
Net award	$13,963.01
Total payable by Tenant to Landlord	$13,963.01

Claims and awards for application 4823917 — net $13,963.01 NZD. Verify on MoJ.

Rent arrears

Amount: $2,400.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $249.67
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Cleaning: (Including GST

Amount: $920.00
Awarded to: Landlord
Reason: Cleaning: (Including GST

Replace furnishings: (Including GST

Amount: $575.00
Awarded to: Landlord
Reason: Replace furnishings: (Including GST

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

Rachel Simons must pay Shelter Realty Limited Acting Agent for Jini Trust $13,963.01 immediately for rent arrears, water bills, reimbursement of filing fee and compensation as calculated and shown in table below. DescriptionLandlord Rent arrears$2,400.00 Water rates$249.67 Filing fee reimbursement$20.44 Cleaning: (Including GST)$920.00 Replace furnishings: (Including GST)$575.00 Repairs: Plastering and repainting walls and ceilings$5,750.00 Replacing damaged carpet in lounge$1,725.00 Lock/key replacement: Replace damaged sliding door lock $414.00 Window repairs$650.90 Lawns and Garden work$1,035.00 Storage of tenants’ possessions$368.00 Rubbish removal: and skip bins$575.00 Labour hire to removal all tenants’ possessions into storage $1,380.00 Total award$16,063.01 Minus Bond$2,100.00 Total payable by Tenant to Landlord$13,963.01
The Bond Centre is to pay the bond of $2,100.00 (5472940-006) to Shelter Realty Limited Acting Agent for Jini Trust immediately.
Shelter Realty Limited Acting Agent for Jini Trust must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them after 5.00pm on Monday 15 th April 2024 if the tenant has not collected her possessions.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit after 5pm on Monday 15 th April 2024.

Reasons

The landlord attended the hearing, the tenant did not attend. The Tribunal rang the tenant on her mobile number twice but on each occasion, it went to answerphone. The landlord advised the Tribunal that she text the tenant on Monday 8 th April 2024 reminding her of the hearing today and sent an email with the notice of hearing to the tenant on 5 th April 2024. I am satisfied that the tenant was aware of today’s hearing. I am proceeding with the application without the tenant’s appearance.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended by mutual agreement of the parties on 8 th March 2024. The landlord provided rent records and water rates invoices which prove the amount of $2400.00 in rent arrears and $249.67 in water rates owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for water bills and 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, 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. Possessions and Storage
The tenancy ended by mutual agreement between the tenant and landlord. The tenant had not been staying at the property and an agreement was made that the landlord would storage the tenants’ possession until she was able to collect them. The landlord had to employ people to pack up and store the tenants’ possessions in a storage unit obtained by the landlord with the tenant’s consent.
The landlord incurred an invoice for $1380.00 for the labour hire to pack up the possessions and move it into a storage unit. The storage unit cost amounts to $368.00 as of the 15 th of April 2024.
The amounts ordered are proved. Cleaning/ rubbish removal/ lawns and gardens
The landlord provided pre let and final exit inspections reports and photographs. The property was in a clean and good condition at the start of the tenancy. At the end of the tenancy the house was filthy, the carpet damaged and heavily stained, rubbish throughout the inside and outside of the property. The lawns and gardens were seriously overgrown and in need of extensive maintenance.
The landlord has provided an invoice for $575.00 for the cost of 3 9metre rubbish bin, labour to collect the rubbish and dump fees.
The landlord has provided an invoice for $1035.00 for the cost of the lawns and garden tidy. The lawns were a metre high in some areas and the gardens out of control. It is clear no one had been mowing the lawns or tidying the gardens for many months.
The carpet was heavily stained throughout the house and also badly damaged in the lounge. The lounge carpet could not be repaired and so had to be replaced. The landlord provided the Tribunal with an invoice for $1725.00 for the replacement cost of the lounge carpet. The carpet at the start of the tenancy was near new and in excellent condition. I am not considering depreciation as there can be no excuse for the damage to the carpet.
The house had to undergo a thorough deep clean after the tenancy terminated. The landlord has provided the Tribunal with an invoice for $920.00 for the cost of a full clean of the house.
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: -Holes and plastered patches in the walls and ceilings -Damaged curtains -Broken slide door latch -Broken ranch slider window
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided the Tribunal with invoices for $650.00 to replace the broken ranch slider window, $414.00 to replace the damaged slide door lock, $575.00 for the replacement of the blinds and $5750.00 for the cost of replastering and repainting numerous damaged walls and ceilings.
The amounts ordered are proved. Disposal of goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord a. is now unable to contact the tenant. b. And the previously agreed period for the tenant to collect the goods has gone and the tenant failed to collect the goods within that time.
Initially the parties were in contact to discuss the possessions left by the tenant. There had been discussions about when the tenant was to collect her property. The landlord is no longer able to communicate with the tenant as her calls and emails go unanswered.
The Tribunal is allowing the tenant until 5pm on Monday 15 th of April 2024 to collect her possessions from the landlord or they will be disposed of.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting, and selling them. Therefore, the landlord may dispose of the goods after 5pm on 15 th April 2024. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
Because Shelter Realty Limited Acting Agent for Jini Trust has wholly succeeded with the claim I must reimburse the filing fee.
The bond is to be refunded to the landlord immediately to offset the debt owed by the tenant to the landlord.

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 4823917 — net $13,963.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,400.00	Rent arrears
Water rates	$249.67	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning: (Including GST	$920.00	Cleaning: (Including GST
Replace furnishings: (Including GST	$575.00	Replace furnishings: (Including GST
Repairs: Plastering and repainting walls and ceilings	$5,750.00	Repairs: Plastering and repainting walls and ceilings
Replacing damaged carpet in lounge	$1,725.00	Replacing damaged carpet in lounge
Lock/key replacement: Replace damaged sliding door lock	$414.00	Lock/key replacement: Replace damaged sliding door lock
Window repairs	$650.90	Window repairs
Lawns and Garden work	$1,035.00	Lawns and Garden work
Storage of tenants’ possessions	$368.00	Storage of tenants’ possessions
Rubbish removal: and skip bins	$575.00	Rubbish removal: and skip bins
Labour hire to removal all tenants’ possessions into storage	$1,380.00	Labour hire to removal all tenants’ possessions into storage
Net award	$13,963.01
Total payable by Tenant to Landlord	$13,963.01

Claims and awards for application 4823917 — net $13,963.01 NZD. Verify on MoJ.

Rent arrears

Amount: $2,400.00
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $249.67
Awarded to: Landlord
Reason: Water rates

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Cleaning: (Including GST

Amount: $920.00
Awarded to: Landlord
Reason: Cleaning: (Including GST

Replace furnishings: (Including GST

Amount: $575.00
Awarded to: Landlord
Reason: Replace furnishings: (Including GST

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Water Rates

Order

Rachel Simons must pay Shelter Realty Limited Acting Agent for Jini Trust $13,963.01 immediately for rent arrears, water bills, reimbursement of filing fee and compensation as calculated and shown in table below. DescriptionLandlord Rent arrears$2,400.00 Water rates$249.67 Filing fee reimbursement$20.44 Cleaning: (Including GST)$920.00 Replace furnishings: (Including GST)$575.00 Repairs: Plastering and repainting walls and ceilings$5,750.00 Replacing damaged carpet in lounge$1,725.00 Lock/key replacement: Replace damaged sliding door lock $414.00 Window repairs$650.90 Lawns and Garden work$1,035.00 Storage of tenants’ possessions$368.00 Rubbish removal: and skip bins$575.00 Labour hire to removal all tenants’ possessions into storage $1,380.00 Total award$16,063.01 Minus Bond$2,100.00 Total payable by Tenant to Landlord$13,963.01
The Bond Centre is to pay the bond of $2,100.00 (5472940-006) to Shelter Realty Limited Acting Agent for Jini Trust immediately.
Shelter Realty Limited Acting Agent for Jini Trust must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them after 5.00pm on Monday 15 th April 2024 if the tenant has not collected her possessions.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit after 5pm on Monday 15 th April 2024.

Reasons

The landlord attended the hearing, the tenant did not attend. The Tribunal rang the tenant on her mobile number twice but on each occasion, it went to answerphone. The landlord advised the Tribunal that she text the tenant on Monday 8 th April 2024 reminding her of the hearing today and sent an email with the notice of hearing to the tenant on 5 th April 2024. I am satisfied that the tenant was aware of today’s hearing. I am proceeding with the application without the tenant’s appearance.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended by mutual agreement of the parties on 8 th March 2024. The landlord provided rent records and water rates invoices which prove the amount of $2400.00 in rent arrears and $249.67 in water rates owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for water bills and 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, 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. Possessions and Storage
The tenancy ended by mutual agreement between the tenant and landlord. The tenant had not been staying at the property and an agreement was made that the landlord would storage the tenants’ possession until she was able to collect them. The landlord had to employ people to pack up and store the tenants’ possessions in a storage unit obtained by the landlord with the tenant’s consent.
The landlord incurred an invoice for $1380.00 for the labour hire to pack up the possessions and move it into a storage unit. The storage unit cost amounts to $368.00 as of the 15 th of April 2024.
The amounts ordered are proved. Cleaning/ rubbish removal/ lawns and gardens
The landlord provided pre let and final exit inspections reports and photographs. The property was in a clean and good condition at the start of the tenancy. At the end of the tenancy the house was filthy, the carpet damaged and heavily stained, rubbish throughout the inside and outside of the property. The lawns and gardens were seriously overgrown and in need of extensive maintenance.
The landlord has provided an invoice for $575.00 for the cost of 3 9metre rubbish bin, labour to collect the rubbish and dump fees.
The landlord has provided an invoice for $1035.00 for the cost of the lawns and garden tidy. The lawns were a metre high in some areas and the gardens out of control. It is clear no one had been mowing the lawns or tidying the gardens for many months.
The carpet was heavily stained throughout the house and also badly damaged in the lounge. The lounge carpet could not be repaired and so had to be replaced. The landlord provided the Tribunal with an invoice for $1725.00 for the replacement cost of the lounge carpet. The carpet at the start of the tenancy was near new and in excellent condition. I am not considering depreciation as there can be no excuse for the damage to the carpet.
The house had to undergo a thorough deep clean after the tenancy terminated. The landlord has provided the Tribunal with an invoice for $920.00 for the cost of a full clean of the house.
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: -Holes and plastered patches in the walls and ceilings -Damaged curtains -Broken slide door latch -Broken ranch slider window
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided the Tribunal with invoices for $650.00 to replace the broken ranch slider window, $414.00 to replace the damaged slide door lock, $575.00 for the replacement of the blinds and $5750.00 for the cost of replastering and repainting numerous damaged walls and ceilings.
The amounts ordered are proved. Disposal of goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord a. is now unable to contact the tenant. b. And the previously agreed period for the tenant to collect the goods has gone and the tenant failed to collect the goods within that time.
Initially the parties were in contact to discuss the possessions left by the tenant. There had been discussions about when the tenant was to collect her property. The landlord is no longer able to communicate with the tenant as her calls and emails go unanswered.
The Tribunal is allowing the tenant until 5pm on Monday 15 th of April 2024 to collect her possessions from the landlord or they will be disposed of.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting, and selling them. Therefore, the landlord may dispose of the goods after 5pm on 15 th April 2024. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
Because Shelter Realty Limited Acting Agent for Jini Trust has wholly succeeded with the claim I must reimburse the filing fee.
The bond is to be refunded to the landlord immediately to offset the debt owed by the tenant to the landlord.

Tenancy Tribunal case 4823917 — Property damage at 29A Awaroa Road, Sunnyvale, Auckland 0612

At a glance

Tenancy Tribunal case 4823917 — Property damage at 29A Awaroa Road, Sunnyvale, Auckland 0612

At a glance

Award balance

Claims & awards

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?

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 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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions