What was the outcome of Tenancy Tribunal case 4825997?

The tribunal order states: Charlotte Reece and Aroha Proctor must pay Stirling Real Estate Limited As

How much money was awarded in case 4825997?

Property Damage: $226.52 awarded to landlord; Rent Arrears: $3,928.57 awarded to landlord; Letterbox: $207.00 awarded to landlord; Wall Linings And Repainting: $603.75 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 4825997?

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

Where can I read the official tribunal order for case 4825997?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10306887-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4825997?

The tribunal order states: Charlotte Reece and Aroha Proctor must pay Stirling Real Estate Limited As

How much money was awarded in case 4825997?

Property Damage: $226.52 awarded to landlord; Rent Arrears: $3,928.57 awarded to landlord; Letterbox: $207.00 awarded to landlord; Wall Linings And Repainting: $603.75 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 4825997?

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

Where can I read the official tribunal order for case 4825997?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10306887-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 23 Hume Street, Alicetown, Lower Hutt 5010 Tenancy Tribunal Case 4825997 — Rent arrears

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Unit/Flat 2, 23 Hume Street, Alicetown, Lower Hutt 5010 Tenancy Tribunal Case 4825997 — Rent arrears | 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 4825997 — net $5,425.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,928.57	Rent arrears
Repairs: Wall linings and repainting	$603.75	Repairs: Wall linings and repainting
Rubbish removal: incl skip hire	$460.00	Rubbish removal: incl skip hire
Repairs: letterbox	$207.00	Repairs: letterbox
Lock/key replacement	$226.52	Lock/key replacement
Net award	$5,425.84
Total payable by Tenant to Landlord	$5,425.84

Claims and awards for application 4825997 — net $5,425.84 NZD. Verify on MoJ.

Rent arrears

Amount: $3,928.57
Awarded to: Landlord
Reason: Rent arrears

Repairs: Wall linings and repainting

Amount: $603.75
Awarded to: Landlord
Reason: Repairs: Wall linings and repainting

Rubbish removal: incl skip hire

Amount: $460.00
Awarded to: Landlord
Reason: Rubbish removal: incl skip hire

Repairs: letterbox

Amount: $207.00
Awarded to: Landlord
Reason: Repairs: letterbox

Lock/key replacement

Amount: $226.52
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal

Order

Charlotte Reece and Aroha Proctor must pay Stirling Real Estate Limited As Agent For Michael Conroy $5,425.84 immediately, calculated as shown in table below.

Reasons

The landlord’s representative attended the hearing. Ms Reece did not as apparently, she no longer lives in Wellington. Ms Proctor was not present at the time scheduled. To allow for lateness I delayed the start of the hearing. When Ms Proctor failed to appear after a reasonable period, I made the decision to hear the matter without her.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 2 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,928.57. This tenancy was terminated by order [2024] NZTT 4756754 for rent arrears and the bond of $2,200 was released to the landlord by order. The arrears sought are those remaining at the date of termination.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was a reasonably large amount of furniture, broken timber, household items, and other rubbish left in the house and garden. The volume of rubbish was such that the landlord had to hire a skip to dispose of it. $460 is claimed, which is reasonable for the extent of the rubbish.
The tenant did not return the keys, requiring the attendance of a locksmith to replace and re-key locks. $226.52 is claimed which is the reasonable incurred costs.
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 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.
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. burn marks and soot on a windowsill which required repainting; b. multiple holes in wall linings caused by screws, nails, or some other sharp pointed object, which necessitated replastering and repainting of the affected walls; and c. impact damage to the letterbox where a visitors car hit it during a risky driving manoeuvre. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was intentionally or reckless caused, and so is not covered by insurance.
The amounts ordered are proved.
Because Stirling Real Estate Limited as Agent For Michael Conroy 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 4825997 — net $5,425.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,928.57	Rent arrears
Repairs: Wall linings and repainting	$603.75	Repairs: Wall linings and repainting
Rubbish removal: incl skip hire	$460.00	Rubbish removal: incl skip hire
Repairs: letterbox	$207.00	Repairs: letterbox
Lock/key replacement	$226.52	Lock/key replacement
Net award	$5,425.84
Total payable by Tenant to Landlord	$5,425.84

Claims and awards for application 4825997 — net $5,425.84 NZD. Verify on MoJ.

Rent arrears

Amount: $3,928.57
Awarded to: Landlord
Reason: Rent arrears

Repairs: Wall linings and repainting

Amount: $603.75
Awarded to: Landlord
Reason: Repairs: Wall linings and repainting

Rubbish removal: incl skip hire

Amount: $460.00
Awarded to: Landlord
Reason: Rubbish removal: incl skip hire

Repairs: letterbox

Amount: $207.00
Awarded to: Landlord
Reason: Repairs: letterbox

Lock/key replacement

Amount: $226.52
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal

Order

Charlotte Reece and Aroha Proctor must pay Stirling Real Estate Limited As Agent For Michael Conroy $5,425.84 immediately, calculated as shown in table below.

Reasons

The landlord’s representative attended the hearing. Ms Reece did not as apparently, she no longer lives in Wellington. Ms Proctor was not present at the time scheduled. To allow for lateness I delayed the start of the hearing. When Ms Proctor failed to appear after a reasonable period, I made the decision to hear the matter without her.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 2 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,928.57. This tenancy was terminated by order [2024] NZTT 4756754 for rent arrears and the bond of $2,200 was released to the landlord by order. The arrears sought are those remaining at the date of termination.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was a reasonably large amount of furniture, broken timber, household items, and other rubbish left in the house and garden. The volume of rubbish was such that the landlord had to hire a skip to dispose of it. $460 is claimed, which is reasonable for the extent of the rubbish.
The tenant did not return the keys, requiring the attendance of a locksmith to replace and re-key locks. $226.52 is claimed which is the reasonable incurred costs.
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 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.
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. burn marks and soot on a windowsill which required repainting; b. multiple holes in wall linings caused by screws, nails, or some other sharp pointed object, which necessitated replastering and repainting of the affected walls; and c. impact damage to the letterbox where a visitors car hit it during a risky driving manoeuvre. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was intentionally or reckless caused, and so is not covered by insurance.
The amounts ordered are proved.
Because Stirling Real Estate Limited as Agent For Michael Conroy has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4825997 — Rent arrears at Unit/Flat 2, 23 Hume Street, Alicetown, Lower Hutt 5010

At a glance

Tenancy Tribunal case 4825997 — Rent arrears at Unit/Flat 2, 23 Hume Street, Alicetown, Lower Hutt 5010

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