What was the outcome of Tenancy Tribunal case 4846484?

The tribunal order states: Murray McKenzie must pay Property Brokers Limited As Agent For Chelsea

How much money was awarded in case 4846484?

Rubbish Removal: $7,098.95 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $14.40 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Broken Taps: $496.41 awarded to landlord; Property Damage: $446.95 awarded to landlord; Smoke Alarms: $13.21 awarded to landlord; Property Damage: $380.97 awarded to landlord

What type of tenancy dispute was case 4846484?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4846484?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10422749-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4846484?

The tribunal order states: Murray McKenzie must pay Property Brokers Limited As Agent For Chelsea

How much money was awarded in case 4846484?

Rubbish Removal: $7,098.95 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $14.40 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Broken Taps: $496.41 awarded to landlord; Property Damage: $446.95 awarded to landlord; Smoke Alarms: $13.21 awarded to landlord; Property Damage: $380.97 awarded to landlord

What type of tenancy dispute was case 4846484?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4846484?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10422749-Tribunal_Order.pdf.

16 Swamp Road, Ongaonga, RD 2, Ongaonga 4272 Tenancy Tribunal Case 4846484 — Property damage

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16 Swamp Road, Ongaonga, RD 2, Ongaonga 4272 Tenancy Tribunal Case 4846484 — 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 4846484 — net $9,721.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: benchtop repairs (insurance excess	$1,250.00	Repairs: benchtop repairs (insurance excess
Cleaning: including rubbish removal, lawn mowing, holes in walls, carpet cleaning, repairs to window catches, broken war	$7,098.95	Cleaning: including rubbish removal, lawn mowing, holes in walls, carpet cleaning, repairs to window catches, broken war
Repairs: broken taps	$496.41	Repairs: broken taps
Window repairs: ranchslinder door	$380.97	Window repairs: ranchslinder door
Replace smoke alarms	$13.21	Replace smoke alarms
Lock/key replacement	$14.40	Lock/key replacement
Repairs: damaged guttering from tenant storing ladder hard up against it	$446.95	Repairs: damaged guttering from tenant storing ladder hard up against it
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,721.33
Total payable by Tenant to Landlord	$9,721.33

Claims and awards for application 4846484 — net $9,721.33 NZD. Verify on MoJ.

Repairs: benchtop repairs (insurance excess

Amount: $1,250.00
Awarded to: Landlord
Reason: Repairs: benchtop repairs (insurance excess

Cleaning: including rubbish removal, lawn mowing, holes in walls, carpet cleaning, repairs to window catches, broken war

Amount: $7,098.95
Awarded to: Landlord
Reason: Cleaning: including rubbish removal, lawn mowing, holes in walls, carpet cleaning, repairs to window catches, broken war

Repairs: broken taps

Amount: $496.41
Awarded to: Landlord
Reason: Repairs: broken taps

Window repairs: ranchslinder door

Amount: $380.97
Awarded to: Landlord
Reason: Window repairs: ranchslinder door

Replace smoke alarms

Amount: $13.21
Awarded to

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Replace Smoke Alarms

Order

Murray McKenzie must pay Property Brokers Limited As Agent For Chelsea Renata $9,721.33 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 19 December 2023.

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.
The tenant did not return the keys.
The landlord had to replace smoke alarms.
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: benchtop, walls, windows, doors, kitchen taps, ranchslider and spouting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
On the benchtop repairs, the tenant's liability has been limited to the lesser of the insurance excess.

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 4846484 — net $9,721.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: benchtop repairs (insurance excess	$1,250.00	Repairs: benchtop repairs (insurance excess
Cleaning: including rubbish removal, lawn mowing, holes in walls, carpet cleaning, repairs to window catches, broken war	$7,098.95	Cleaning: including rubbish removal, lawn mowing, holes in walls, carpet cleaning, repairs to window catches, broken war
Repairs: broken taps	$496.41	Repairs: broken taps
Window repairs: ranchslinder door	$380.97	Window repairs: ranchslinder door
Replace smoke alarms	$13.21	Replace smoke alarms
Lock/key replacement	$14.40	Lock/key replacement
Repairs: damaged guttering from tenant storing ladder hard up against it	$446.95	Repairs: damaged guttering from tenant storing ladder hard up against it
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,721.33
Total payable by Tenant to Landlord	$9,721.33

Claims and awards for application 4846484 — net $9,721.33 NZD. Verify on MoJ.

Repairs: benchtop repairs (insurance excess

Amount: $1,250.00
Awarded to: Landlord
Reason: Repairs: benchtop repairs (insurance excess

Cleaning: including rubbish removal, lawn mowing, holes in walls, carpet cleaning, repairs to window catches, broken war

Amount: $7,098.95
Awarded to: Landlord
Reason: Cleaning: including rubbish removal, lawn mowing, holes in walls, carpet cleaning, repairs to window catches, broken war

Repairs: broken taps

Amount: $496.41
Awarded to: Landlord
Reason: Repairs: broken taps

Window repairs: ranchslinder door

Amount: $380.97
Awarded to: Landlord
Reason: Window repairs: ranchslinder door

Replace smoke alarms

Amount: $13.21
Awarded to

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage Replace Smoke Alarms

Order

Murray McKenzie must pay Property Brokers Limited As Agent For Chelsea Renata $9,721.33 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 19 December 2023.

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.
The tenant did not return the keys.
The landlord had to replace smoke alarms.
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: benchtop, walls, windows, doors, kitchen taps, ranchslider and spouting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
On the benchtop repairs, the tenant's liability has been limited to the lesser of the insurance excess.

Tenancy Tribunal case 4846484 — Property damage at 16 Swamp Road, Ongaonga, RD 2, Ongaonga 4272

At a glance

Tenancy Tribunal case 4846484 — Property damage at 16 Swamp Road, Ongaonga, RD 2, Ongaonga 4272

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