What was the outcome of Tenancy Tribunal case 4846483?

The tribunal order states: This order incorporates the Tribunal order made on 29 January 2024 under

How much money was awarded in case 4846483?

Building Materials: $702.06 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4732069 D…: $2,360.44 awarded to landlord; Property Damage: $1,509.00 awarded to landlord; Property Damage: $220.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Rent Arrears: $1,420.00 awarded to landlord; Rubbish Removal: $4,135.40 awarded to landlord

What type of tenancy dispute was case 4846483?

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

Where can I read the official tribunal order for case 4846483?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10501664-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4846483?

The tribunal order states: This order incorporates the Tribunal order made on 29 January 2024 under

How much money was awarded in case 4846483?

Building Materials: $702.06 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4732069 D…: $2,360.44 awarded to landlord; Property Damage: $1,509.00 awarded to landlord; Property Damage: $220.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Rent Arrears: $1,420.00 awarded to landlord; Rubbish Removal: $4,135.40 awarded to landlord

What type of tenancy dispute was case 4846483?

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

Where can I read the official tribunal order for case 4846483?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10501664-Tenancy_Tribunal_Order.pdf.

73 Martin Road, Paraparaumu Beach, Paraparaumu 5032 Tenancy Tribunal Case 4846483 — Property damage

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73 Martin Road, Paraparaumu Beach, Paraparaumu 5032 Tenancy Tribunal Case 4846483 — 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 4846483 — net $11,567.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 30/01/24 to 19/02/24	$1,420.00	Rent arrears from 30/01/24 to 19/02/24
Previous order application 4732069 dated 29/01/2024	$2,360.44	Previous order application 4732069 dated 29/01/2024
Replacement benchtop depreciated 25	$1,509.00	Replacement benchtop depreciated 25
Lock/key replacement	$220.00	Lock/key replacement
Rubbish removal and repairs including skip bins	$4,135.40	Rubbish removal and repairs including skip bins
Redecorating relating to repairs only	$1,200.00	Redecorating relating to repairs only
Building materials	$702.06	Building materials
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Previous order
Net award	$11,567.34
Total payable by Tenant to Landlord	$11,567.34

Claims and awards for application 4846483 — net $11,567.34 NZD. Verify on MoJ.

Rent arrears from 30/01/24 to 19/02/24

Amount: $1,420.00
Awarded to: Landlord
Reason: Rent arrears from 30/01/24 to 19/02/24

Previous order application 4732069 dated 29/01/2024

Amount: $2,360.44
Awarded to: Landlord
Reason: Previous order application 4732069 dated 29/01/2024

Replacement benchtop depreciated 25

Amount: $1,509.00
Awarded to: Landlord
Reason: Replacement benchtop depreciated 25

Lock/key replacement

Amount: $220.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal and repairs including skip bins

Amount: $4,135.40
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

This order incorporates the Tribunal order made on 29 January 2024 under application 4732069.
Krystal Torea must pay Lorna Love $11,567.34 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears from 30/01/24 to 19/02/24$1,420.00 Previous order application 4732069 dated 29/01/2024$2,360.44 Replacement benchtop depreciated 25%$1,509.00 Lock/key replacement$220.00 Rubbish removal and repairs including skip bins$4,135.40 Redecorating relating to repairs only$1,200.00 Building materials$702.06 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$11,567.34

Reasons

Only the landlord attended the hearing.
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 19 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The order includes rent less bond ordered by the Tribunal on 29 January2024

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 left the premises with a considerable amount of cleaning to be carried out and rubbish to be cleared by the landlord’s contractors. The photos show that the tenant left the property is an appalling state.
The tenant did not return the keys.
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.
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 interior and exterior of the interior of the premises was damaged. The benchtop had cuts that showed no care taken to avoid benchtop surface damage. There were holes in walls, doors and the wooden floor. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I 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. I have depreciated the benchtop replacement cost by 25%. I have allowed an amount for damage repairs to walls but because the tenancy was for 8 years, have not ordered all redecorating costs.
The landlords have been generous. They could have claimed more than is covered by their application. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Previous order
On 29 January 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 29 January 2024. The previous order is incorporated into this order for enforcement purposes.

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 4846483 — net $11,567.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 30/01/24 to 19/02/24	$1,420.00	Rent arrears from 30/01/24 to 19/02/24
Previous order application 4732069 dated 29/01/2024	$2,360.44	Previous order application 4732069 dated 29/01/2024
Replacement benchtop depreciated 25	$1,509.00	Replacement benchtop depreciated 25
Lock/key replacement	$220.00	Lock/key replacement
Rubbish removal and repairs including skip bins	$4,135.40	Rubbish removal and repairs including skip bins
Redecorating relating to repairs only	$1,200.00	Redecorating relating to repairs only
Building materials	$702.06	Building materials
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Previous order
Net award	$11,567.34
Total payable by Tenant to Landlord	$11,567.34

Claims and awards for application 4846483 — net $11,567.34 NZD. Verify on MoJ.

Rent arrears from 30/01/24 to 19/02/24

Amount: $1,420.00
Awarded to: Landlord
Reason: Rent arrears from 30/01/24 to 19/02/24

Previous order application 4732069 dated 29/01/2024

Amount: $2,360.44
Awarded to: Landlord
Reason: Previous order application 4732069 dated 29/01/2024

Replacement benchtop depreciated 25

Amount: $1,509.00
Awarded to: Landlord
Reason: Replacement benchtop depreciated 25

Lock/key replacement

Amount: $220.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal and repairs including skip bins

Amount: $4,135.40
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

This order incorporates the Tribunal order made on 29 January 2024 under application 4732069.
Krystal Torea must pay Lorna Love $11,567.34 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears from 30/01/24 to 19/02/24$1,420.00 Previous order application 4732069 dated 29/01/2024$2,360.44 Replacement benchtop depreciated 25%$1,509.00 Lock/key replacement$220.00 Rubbish removal and repairs including skip bins$4,135.40 Redecorating relating to repairs only$1,200.00 Building materials$702.06 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$11,567.34

Reasons

Only the landlord attended the hearing.
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 19 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The order includes rent less bond ordered by the Tribunal on 29 January2024

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 left the premises with a considerable amount of cleaning to be carried out and rubbish to be cleared by the landlord’s contractors. The photos show that the tenant left the property is an appalling state.
The tenant did not return the keys.
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.
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 interior and exterior of the interior of the premises was damaged. The benchtop had cuts that showed no care taken to avoid benchtop surface damage. There were holes in walls, doors and the wooden floor. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I 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. I have depreciated the benchtop replacement cost by 25%. I have allowed an amount for damage repairs to walls but because the tenancy was for 8 years, have not ordered all redecorating costs.
The landlords have been generous. They could have claimed more than is covered by their application. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Previous order
On 29 January 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 29 January 2024. The previous order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 4846483 — Property damage at 73 Martin Road, Paraparaumu Beach, Paraparaumu 5032

At a glance

Tenancy Tribunal case 4846483 — Property damage at 73 Martin Road, Paraparaumu Beach, Paraparaumu 5032

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

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

Frequently asked questions