What was the outcome of Tenancy Tribunal case 4838774?

The tribunal order states: Tara Tanielu must pay Berrymans Property Management & Rentals Limited As

How much money was awarded in case 4838774?

Cleaning: $312.80 awarded to landlord; Cleaning: $529.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns: $57.50 awarded to landlord; Lawns and Garden Work: $402.50 awarded to landlord; Property Damage: $464.70 awarded to landlord; Property Damage: $550.00 awarded to landlord; Blinds: $189.75 awarded to landlord; Hole In Wall Patch Paint: $287.50 awarded to landlord; Rubbish Removal: $327.75 awarded to landlord

What type of tenancy dispute was case 4838774?

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

Where can I read the official tribunal order for case 4838774?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10541985-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4838774?

The tribunal order states: Tara Tanielu must pay Berrymans Property Management & Rentals Limited As

How much money was awarded in case 4838774?

Cleaning: $312.80 awarded to landlord; Cleaning: $529.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns: $57.50 awarded to landlord; Lawns and Garden Work: $402.50 awarded to landlord; Property Damage: $464.70 awarded to landlord; Property Damage: $550.00 awarded to landlord; Blinds: $189.75 awarded to landlord; Hole In Wall Patch Paint: $287.50 awarded to landlord; Rubbish Removal: $327.75 awarded to landlord

What type of tenancy dispute was case 4838774?

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

Where can I read the official tribunal order for case 4838774?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10541985-Tenancy_Tribunal_Order.pdf.

105 Realm Drive, Paraparaumu, Paraparaumu 5032 Tenancy Tribunal Case 4838774 — Property damage

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105 Realm Drive, Paraparaumu, Paraparaumu 5032 Tenancy Tribunal Case 4838774 — 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 4838774 — net $3,141.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns	$57.50	Lawns
Carpet Cleaning	$312.80	Carpet Cleaning
Rubbish removal	$327.75	Rubbish removal
Cleaning	$529.00	Cleaning
Repairs: bench top insurance excess	$550.00	Repairs: bench top insurance excess
Window repairs	$464.70	Window repairs
Repairs: blinds	$189.75	Repairs: blinds
Filing fee reimbursement	$20.44	Filing fee reimbursement
Garden work	$402.50	Garden work
Repairs: hole in wall patch paint	$287.50	Repairs: hole in wall patch paint
Net award	$3,141.94
Total payable by Tenant to Landlord	$3,141.94

Claims and awards for application 4838774 — net $3,141.94 NZD. Verify on MoJ.

Lawns

Amount: $57.50
Awarded to: Landlord
Reason: Lawns

Carpet Cleaning

Amount: $312.80
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $327.75
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $529.00
Awarded to: Landlord
Reason: Cleaning

Repairs: bench top insurance excess

Amount: $550.00
Awarded to: Landlord
Reason: Repairs: bench top insurance excess

Window repairs

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Tara Tanielu must pay Berrymans Property Management & Rentals Limited As Agent For Yu-Wei Tsou $3,141.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for Ms Tanielu. She was aware of the hearing as she had been in touch with the court advising that she would be attending. I stood the hearing down to allow for the situation that she was running late, however when she did not attend, the hearing proceeded without her.
The landlord has applied for compensation and reimbursement of the filing fee following 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The landlord has established in evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The house had not been cleaned and there was a stack of rubbish left outside. The gardens were overgrown, and dog faeces was spread throughout. The carpets were stained and covered in dog hair.
The amounts ordered are proven in evidence and considered reasonable in the circumstances.

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 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. The insurance excess was $550.
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 evidence has established that the following damage was caused during the tenancy and is more than fair wear and tear: i. The bench top had five knife cuts gouged into it. I am satisfied that this was intentional damage due to the nature of the cuts being on the side of the bench. The amount sought is the insurance excess. ii. The glass in the back door had broken. Ms Tanielu had not notified of it and when it was discovered gave no reason but said she would repair it. She did not. I am satisfied that this was careless damage due to the size of the crack. iii. Several blinds were broken and appeared by the damage to have been pulled with force and roughly. I am satisfied this was careless damage due to inappropriate use. iv. A hole in the wall had been roughly repaired however needed sanding and patch painting. This was intentional damage as it was an unfinished repair.
I consider all amounts ordered reasonable in the circumstances and 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 Berrymans Property Management & Rentals Limited As Agent For Yu- Wei Tsou 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 4838774 — net $3,141.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns	$57.50	Lawns
Carpet Cleaning	$312.80	Carpet Cleaning
Rubbish removal	$327.75	Rubbish removal
Cleaning	$529.00	Cleaning
Repairs: bench top insurance excess	$550.00	Repairs: bench top insurance excess
Window repairs	$464.70	Window repairs
Repairs: blinds	$189.75	Repairs: blinds
Filing fee reimbursement	$20.44	Filing fee reimbursement
Garden work	$402.50	Garden work
Repairs: hole in wall patch paint	$287.50	Repairs: hole in wall patch paint
Net award	$3,141.94
Total payable by Tenant to Landlord	$3,141.94

Claims and awards for application 4838774 — net $3,141.94 NZD. Verify on MoJ.

Lawns

Amount: $57.50
Awarded to: Landlord
Reason: Lawns

Carpet Cleaning

Amount: $312.80
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $327.75
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $529.00
Awarded to: Landlord
Reason: Cleaning

Repairs: bench top insurance excess

Amount: $550.00
Awarded to: Landlord
Reason: Repairs: bench top insurance excess

Window repairs

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Tara Tanielu must pay Berrymans Property Management & Rentals Limited As Agent For Yu-Wei Tsou $3,141.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for Ms Tanielu. She was aware of the hearing as she had been in touch with the court advising that she would be attending. I stood the hearing down to allow for the situation that she was running late, however when she did not attend, the hearing proceeded without her.
The landlord has applied for compensation and reimbursement of the filing fee following 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
The landlord has established in evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The house had not been cleaned and there was a stack of rubbish left outside. The gardens were overgrown, and dog faeces was spread throughout. The carpets were stained and covered in dog hair.
The amounts ordered are proven in evidence and considered reasonable in the circumstances.

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 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. The insurance excess was $550.
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 evidence has established that the following damage was caused during the tenancy and is more than fair wear and tear: i. The bench top had five knife cuts gouged into it. I am satisfied that this was intentional damage due to the nature of the cuts being on the side of the bench. The amount sought is the insurance excess. ii. The glass in the back door had broken. Ms Tanielu had not notified of it and when it was discovered gave no reason but said she would repair it. She did not. I am satisfied that this was careless damage due to the size of the crack. iii. Several blinds were broken and appeared by the damage to have been pulled with force and roughly. I am satisfied this was careless damage due to inappropriate use. iv. A hole in the wall had been roughly repaired however needed sanding and patch painting. This was intentional damage as it was an unfinished repair.
I consider all amounts ordered reasonable in the circumstances and 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 Berrymans Property Management & Rentals Limited As Agent For Yu- Wei Tsou has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4838774 — Property damage at 105 Realm Drive, Paraparaumu, Paraparaumu 5032

At a glance

Tenancy Tribunal case 4838774 — Property damage at 105 Realm Drive, Paraparaumu, Paraparaumu 5032

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