What was Tenancy Tribunal case 4837220 about?

The tribunal order states: Jan-Rita Kaihe-popata and Grayson Matkovich must pay [The landlord/s]

How much money was awarded in case 4837220?

Filing Fee: $20.44 awarded to landlord; Property Damage: $391.00 awarded to landlord; Rent: $13,840.48 awarded to landlord; Rubbish Removal: $24,000.50 awarded to landlord

What type of tenancy dispute was case 4837220?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4837220?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10798617-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4837220 about?

The tribunal order states: Jan-Rita Kaihe-popata and Grayson Matkovich must pay [The landlord/s]

How much money was awarded in case 4837220?

Filing Fee: $20.44 awarded to landlord; Property Damage: $391.00 awarded to landlord; Rent: $13,840.48 awarded to landlord; Rubbish Removal: $24,000.50 awarded to landlord

What type of tenancy dispute was case 4837220?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4837220?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10798617-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4837220 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4837220 — net $35,212.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 28 August 2024	$13,840.48	Rent to 28 August 2024
Repairs, rubbish removal, cleaning, carpet replacement	$24,000.50	Repairs, rubbish removal, cleaning, carpet replacement
Lock/key replacement	$391.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$35,212.42
Total payable by Tenant to Landlord	$35,212.42

The landlord attended the hearing today. The tenants did not attend.

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?

The tenancy ended on 28 August 2024. The landlord provided rent records which prove the amount owing at 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.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenants had a dog, in breach of the tenancy agreement. There were dog faeces and a smell of urine. There was a considerable quantity of rubbish left outside and in the garage. The cleaning ($850.00 plus GST) and rubbish removal costs ($1,690.00 plus GST) are reasonable.

The tenant did not return the keys. The locks had to be changed to make the property secure ($391.00).

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.

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 4 weeks' rent. The rent was $900.00 per week. The insurance excess was $400.00.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.

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.

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.

The landlord described the property as “trashed”. There was obvious damage to nearly every wall. The damage would have required force. I accept that the carpet had to be replaced because of the staining and smell. The premises had been renovated with new painting and carpets in about January 2023, before the tenancy started on 6 March 2023. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I make no deduction for betterment. The landlord had only just renovated the premises and the damage was widespread and intentional. Filing fee and suppression

The landlord’s application has succeeded. I award the filing fee.

Suppression is granted as requested.

Claims and awards in Tenancy Tribunal application 4837220 — net $35,212.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 28 August 2024	$13,840.48	Rent to 28 August 2024
Repairs, rubbish removal, cleaning, carpet replacement	$24,000.50	Repairs, rubbish removal, cleaning, carpet replacement
Lock/key replacement	$391.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$35,212.42
Total payable by Tenant to Landlord	$35,212.42

Order

Jan-Rita Kaihe-popata and Grayson Matkovich must pay [The landlord/s] $35,212.42 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,040.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing today. The tenants did not attend.
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?

The tenancy ended on 28 August 2024. The landlord provided rent records which prove the amount owing at 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenants had a dog, in breach of the tenancy agreement. There were dog faeces and a smell of urine. There was a considerable quantity of rubbish left outside and in the garage. The cleaning ($850.00 plus GST) and rubbish removal costs ($1,690.00 plus GST) are reasonable.
The tenant did not return the keys. The locks had to be changed to make the property secure ($391.00).

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.
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 4 weeks' rent. The rent was $900.00 per week. The insurance excess was $400.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
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.
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.
The landlord described the property as “trashed”. There was obvious damage to nearly every wall. The damage would have required force. I accept that the carpet had to be replaced because of the staining and smell. The premises had been renovated with new painting and carpets in about January 2023, before the tenancy started on 6 March 2023. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I make no deduction for betterment. The landlord had only just renovated the premises and the damage was widespread and intentional. Filing fee and suppression
The landlord’s application has succeeded. I award the filing fee.
Suppression is granted as requested.

Tenancy Tribunal case 4837220 — Property damage

At a glance

Tenancy Tribunal case 4837220 — Property damage

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

Key findings

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

Key findings

Frequently asked questions