What was the outcome of Tenancy Tribunal case 4857660?

The tribunal order states: Tiana Elaine Tauakume and Bobette Jade Wilson must pay Chris And Joanne

How much money was awarded in case 4857660?

Cleaning: $621.91 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Missing Items (Includes Bath: $325.41 awarded to landlord; Pest Control: $304.35 awarded to landlord; Plumber: $72.50 awarded to landlord; Property Damage: $240.02 awarded to landlord; Property Damage: $711.95 awarded to landlord; Property Damage: $160.00 awarded to landlord; Rent Credit: $465.60 awarded to tenant; Walls/Doors: $2,471.10 awarded to landlord; Rubbish Removal: $925.75 awarded to landlord

What type of tenancy dispute was case 4857660?

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

Where can I read the official tribunal order for case 4857660?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10484911-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4857660?

The tribunal order states: Tiana Elaine Tauakume and Bobette Jade Wilson must pay Chris And Joanne

How much money was awarded in case 4857660?

Cleaning: $621.91 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Missing Items (Includes Bath: $325.41 awarded to landlord; Pest Control: $304.35 awarded to landlord; Plumber: $72.50 awarded to landlord; Property Damage: $240.02 awarded to landlord; Property Damage: $711.95 awarded to landlord; Property Damage: $160.00 awarded to landlord; Rent Credit: $465.60 awarded to tenant; Walls/Doors: $2,471.10 awarded to landlord; Rubbish Removal: $925.75 awarded to landlord

What type of tenancy dispute was case 4857660?

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

Where can I read the official tribunal order for case 4857660?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10484911-Tenancy_Tribunal_Order.pdf.

51A Bridge Street, Opotiki, Opotiki 3122 Tenancy Tribunal Case 4857660 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4857660 — net $4,247.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$621.91		Cleaning
Rubbish removal	$925.75		Rubbish removal
Pest control	$304.35		Pest control
Missing items (includes bath	$325.41		Missing items (includes bath
Repairs: walls/doors	$2,471.10		Repairs: walls/doors
Plumber	$72.50		Plumber
Window repairs	$240.02		Window repairs
Oven replacement	$711.95		Oven replacement
Lock/key replacement	$160.00		Lock/key replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent credit		$465.60	Rent credit
Total award	$5,853.43	$465.60
Net award	$4,247.83
Total payable by Tenant to Landlord	$4,247.83

Tiana Elaine Tauakume and Bobette Jade Wilson must pay Chris And Joanne Donkin T/A C&J Property Management As Agent For C&J Donkin Enterprises Ltd $4,247.83 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,140.00 (3037858-010) to Chris And Joanne Donkin T/A C&J Property Management As Agent For C&J Donkin Enterprises Ltd immediately.

Reasons

The landlord attended the hearing. The tenant did not appear.

The landlord has applied for compensation, refund of the bond, 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. 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 a significant amount of rubbish. Extensive pest control was needed due to the state of the premises.

The tenant did not return the keys.

The following chattels were missing at the end of the tenancy: smoke alarms, plugs, and door stops.

The amounts ordered are proved.

I decline to make any award for storage costs and associated labour costs. If reasonable efforts had been made to assess market value of the goods, it would have been clear from the outset that any value would have been less then the costs of storage and transport.

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: oven damaged beyond repair, holes in walls and doors, bath smashed, blocked drain, 3 windows smashed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

There is a rent credit of $465.50 which will be applied to the overall debt.

As Chris And Joanne Donkin T/A C&J Property Management As Agent For C&J Donkin Enterprises Ltd has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4857660 — net $4,247.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$621.91		Cleaning
Rubbish removal	$925.75		Rubbish removal
Pest control	$304.35		Pest control
Missing items (includes bath	$325.41		Missing items (includes bath
Repairs: walls/doors	$2,471.10		Repairs: walls/doors
Plumber	$72.50		Plumber
Window repairs	$240.02		Window repairs
Oven replacement	$711.95		Oven replacement
Lock/key replacement	$160.00		Lock/key replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent credit		$465.60	Rent credit
Total award	$5,853.43	$465.60
Net award	$4,247.83
Total payable by Tenant to Landlord	$4,247.83

Order

Tiana Elaine Tauakume and Bobette Jade Wilson must pay Chris And Joanne Donkin T/A C&J Property Management As Agent For C&J Donkin Enterprises Ltd $4,247.83 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,140.00 (3037858-010) to Chris And Joanne Donkin T/A C&J Property Management As Agent For C&J Donkin Enterprises Ltd immediately.

Reasons

The landlord attended the hearing. The tenant did not appear.
The landlord has applied for compensation, refund of the bond, 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. 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 a significant amount of rubbish. Extensive pest control was needed due to the state of the premises.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: smoke alarms, plugs, and door stops.
The amounts ordered are proved.
I decline to make any award for storage costs and associated labour costs. If reasonable efforts had been made to assess market value of the goods, it would have been clear from the outset that any value would have been less then the costs of storage and transport.

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: oven damaged beyond repair, holes in walls and doors, bath smashed, blocked drain, 3 windows smashed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
There is a rent credit of $465.50 which will be applied to the overall debt.
As Chris And Joanne Donkin T/A C&J Property Management As Agent For C&J Donkin Enterprises Ltd has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4857660 — Property damage at 51A Bridge Street, Opotiki, Opotiki 3122

At a glance

Tenancy Tribunal case 4857660 — Property damage at 51A Bridge Street, Opotiki, Opotiki 3122

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