What was the outcome of Tenancy Tribunal case 4845520?

The tribunal order states: Ayla Tumanako must pay Etb Realty Limited As Agent For Haiyan (Cherrie) Cai

How much money was awarded in case 4845520?

Cleaning: $330.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $110.00 awarded to landlord; Rent Arrears: $1,485.71 awarded to landlord; To Doorframe And Replace Locks: $328.87 awarded to landlord; Walls and Doors: $445.00 awarded to landlord; Replace Curtain Tracks: $407.25 awarded to landlord; Rubbish Removal: $70.00 awarded to landlord; Walls and Doors: $1,107.64 awarded to landlord

What type of tenancy dispute was case 4845520?

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

Where can I read the official tribunal order for case 4845520?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10425701-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4845520?

The tribunal order states: Ayla Tumanako must pay Etb Realty Limited As Agent For Haiyan (Cherrie) Cai

How much money was awarded in case 4845520?

Cleaning: $330.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $110.00 awarded to landlord; Rent Arrears: $1,485.71 awarded to landlord; To Doorframe And Replace Locks: $328.87 awarded to landlord; Walls and Doors: $445.00 awarded to landlord; Replace Curtain Tracks: $407.25 awarded to landlord; Rubbish Removal: $70.00 awarded to landlord; Walls and Doors: $1,107.64 awarded to landlord

What type of tenancy dispute was case 4845520?

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

Where can I read the official tribunal order for case 4845520?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10425701-Tenancy_Tribunal_Order.pdf.

8 Kea Street, Selwyn Heights, Rotorua 3015 Tenancy Tribunal Case 4845520 — Property damage

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8 Kea Street, Selwyn Heights, Rotorua 3015 Tenancy Tribunal Case 4845520 — 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 4845520 — net $2,144.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12/2/2024	$1,485.71	Rent arrears to 12/2/2024
Repairs: to doorframe and replace locks	$328.87	Repairs: to doorframe and replace locks
Cleaning	$330.00	Cleaning
Repairs: to walls and doors	$445.00	Repairs: to walls and doors
Repainting walls and doors	$1,107.64	Repainting walls and doors
Replace curtain tracks	$407.25	Replace curtain tracks
Rubbish removal	$70.00	Rubbish removal
Lawns and Garden work	$110.00	Lawns and Garden work
Filing fee	$20.44	Filing fee
Net award	$2,144.91
Total payable by Tenant to Landlord	$2,144.91

Claims and awards for application 4845520 — net $2,144.91 NZD. Verify on MoJ.

Rent arrears to 12/2/2024

Amount: $1,485.71
Awarded to: Landlord
Reason: Rent arrears to 12/2/2024

Repairs: to doorframe and replace locks

Amount: $328.87
Awarded to: Landlord
Reason: Repairs: to doorframe and replace locks

Cleaning

Amount: $330.00
Awarded to: Landlord
Reason: Cleaning

Repairs: to walls and doors

Amount: $445.00
Awarded to: Landlord
Reason: Repairs: to walls and doors

Repainting walls and doors

Amount: $1,107.64
Awarded to: Landlord
Reason: Repainting walls and doors

Claim types — money lines allowed on this order

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

Order

Ayla Tumanako must pay Etb Realty Limited As Agent For Haiyan (Cherrie) Cai $2,144.91 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing. The tenant joined the hearing by phone and then confirmed she did not want to stay. The hearing proceeded in her absence.
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 12 February 2024, the date the tenants notice expired. 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. 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. The gardens required some attention to return them to a reasonable condition.
The following chattels were missing at the end of the tenancy: several curtain rails and tracks.
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 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: several walls and doors were damaged including the front door which needed a new frame and locks. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Once the walls were repaired the damaged ones needed to be painted.
The amounts ordered are proved.
I have not taken into account betterment and depreciation as the paintwork was essentially new at the beginning of the tenancy and the painting was only to those surfaces that had been damaged.
The landlord has therefore been returned only to the position they would have been in had the tenant not breached their obligations.
The tenant signed the bond form so the bond has been returned to the landlord.
Because Etb Realty Limited As Agent For Haiyan (Cherrie) Cai has wholly succeeded with the claim I must reimburse the filing fee.
No request for suppression was made and the public interest requires that the order be published.

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 4845520 — net $2,144.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12/2/2024	$1,485.71	Rent arrears to 12/2/2024
Repairs: to doorframe and replace locks	$328.87	Repairs: to doorframe and replace locks
Cleaning	$330.00	Cleaning
Repairs: to walls and doors	$445.00	Repairs: to walls and doors
Repainting walls and doors	$1,107.64	Repainting walls and doors
Replace curtain tracks	$407.25	Replace curtain tracks
Rubbish removal	$70.00	Rubbish removal
Lawns and Garden work	$110.00	Lawns and Garden work
Filing fee	$20.44	Filing fee
Net award	$2,144.91
Total payable by Tenant to Landlord	$2,144.91

Claims and awards for application 4845520 — net $2,144.91 NZD. Verify on MoJ.

Rent arrears to 12/2/2024

Amount: $1,485.71
Awarded to: Landlord
Reason: Rent arrears to 12/2/2024

Repairs: to doorframe and replace locks

Amount: $328.87
Awarded to: Landlord
Reason: Repairs: to doorframe and replace locks

Cleaning

Amount: $330.00
Awarded to: Landlord
Reason: Cleaning

Repairs: to walls and doors

Amount: $445.00
Awarded to: Landlord
Reason: Repairs: to walls and doors

Repainting walls and doors

Amount: $1,107.64
Awarded to: Landlord
Reason: Repainting walls and doors

Claim types — money lines allowed on this order

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

Order

Ayla Tumanako must pay Etb Realty Limited As Agent For Haiyan (Cherrie) Cai $2,144.91 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing. The tenant joined the hearing by phone and then confirmed she did not want to stay. The hearing proceeded in her absence.
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 12 February 2024, the date the tenants notice expired. 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. 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. The gardens required some attention to return them to a reasonable condition.
The following chattels were missing at the end of the tenancy: several curtain rails and tracks.
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 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: several walls and doors were damaged including the front door which needed a new frame and locks. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Once the walls were repaired the damaged ones needed to be painted.
The amounts ordered are proved.
I have not taken into account betterment and depreciation as the paintwork was essentially new at the beginning of the tenancy and the painting was only to those surfaces that had been damaged.
The landlord has therefore been returned only to the position they would have been in had the tenant not breached their obligations.
The tenant signed the bond form so the bond has been returned to the landlord.
Because Etb Realty Limited As Agent For Haiyan (Cherrie) Cai has wholly succeeded with the claim I must reimburse the filing fee.
No request for suppression was made and the public interest requires that the order be published.

Tenancy Tribunal case 4845520 — Property damage at 8 Kea Street, Selwyn Heights, Rotorua 3015

At a glance

Tenancy Tribunal case 4845520 — Property damage at 8 Kea Street, Selwyn Heights, Rotorua 3015

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