What was the outcome of Tenancy Tribunal case 4858920?

The tribunal order states: Joseph Sciascia must pay Team Group Rentals Limited $4,977.25 immediately,

How much money was awarded in case 4858920?

Cleaning: $305.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4782449 D…: $801.87 awarded to landlord; Property Damage: $195.42 awarded to landlord; Rent Arrears: $1,314.28 awarded to landlord; Electrical Reinstatement: $1,167.80 awarded to landlord; Rubbish Removal: $1,172.44 awarded to landlord

What type of tenancy dispute was case 4858920?

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

Where can I read the official tribunal order for case 4858920?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10362705-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4858920?

The tribunal order states: Joseph Sciascia must pay Team Group Rentals Limited $4,977.25 immediately,

How much money was awarded in case 4858920?

Cleaning: $305.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4782449 D…: $801.87 awarded to landlord; Property Damage: $195.42 awarded to landlord; Rent Arrears: $1,314.28 awarded to landlord; Electrical Reinstatement: $1,167.80 awarded to landlord; Rubbish Removal: $1,172.44 awarded to landlord

What type of tenancy dispute was case 4858920?

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

Where can I read the official tribunal order for case 4858920?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10362705-Tenancy_Tribunal_Order.pdf.

42 Elizabeth Street, Levin, Levin 5510 Tenancy Tribunal Case 4858920 — Property damage

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42 Elizabeth Street, Levin, Levin 5510 Tenancy Tribunal Case 4858920 — 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 4858920 — net $4,977.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,314.28	Rent arrears
Previous order application 4782449 dated 30/01/2024	$801.87	Previous order application 4782449 dated 30/01/2024
Lock/key replacement	$195.42	Lock/key replacement
Cleaning	$305.00	Cleaning
Rubbish removal: and tenant's chattels	$1,172.44	Rubbish removal: and tenant's chattels
Repairs: electrical reinstatement	$1,167.80	Repairs: electrical reinstatement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,977.25
Total payable by Tenant to Landlord	$4,977.25

Claims and awards for application 4858920 — net $4,977.25 NZD. Verify on MoJ.

Rent arrears

Amount: $1,314.28
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4782449 dated 30/01/2024

Amount: $801.87
Awarded to: Landlord
Reason: Previous order application 4782449 dated 30/01/2024

Lock/key replacement

Amount: $195.42
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $305.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: and tenant's chattels

Amount: $1,172.44
Awarded to: Landlord
Reason: Rubbish removal: and tenant's chattels

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Joseph Sciascia must pay Team Group Rentals Limited $4,977.25 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,314.28 Previous order application 4782449 dated 30/01/2024 $801.87 Lock/key replacement$195.42 Cleaning$305.00 Rubbish removal: and tenant's chattels$1,172.44 Repairs: electrical reinstatement$1,167.80 Filing fee reimbursement$20.44 Total award$4,977.25 Total payable by Tenant to Landlord$4,977.25

Reasons

The landlord attended the hearing. The tenant did not attend 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 30 January 2024 by order of the Tribunal. The landlord gained possession of the property on 21 February 2024. The landlord is entitled to rent for a further 23 days and provided evidence of the rent outstanding in a rent statement.

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish or all his possessions.
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.
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 landlord provided photographic evidence and evidence from a qualified electrician that the electrical system in the house had been altered so that the power meter had been bypassed. The electrical system in the property was therefore unsafe. This damage was intentional.
The amount ordered is proved.
Because Team Group Rentals Limited 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 4858920 — net $4,977.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,314.28	Rent arrears
Previous order application 4782449 dated 30/01/2024	$801.87	Previous order application 4782449 dated 30/01/2024
Lock/key replacement	$195.42	Lock/key replacement
Cleaning	$305.00	Cleaning
Rubbish removal: and tenant's chattels	$1,172.44	Rubbish removal: and tenant's chattels
Repairs: electrical reinstatement	$1,167.80	Repairs: electrical reinstatement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,977.25
Total payable by Tenant to Landlord	$4,977.25

Claims and awards for application 4858920 — net $4,977.25 NZD. Verify on MoJ.

Rent arrears

Amount: $1,314.28
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4782449 dated 30/01/2024

Amount: $801.87
Awarded to: Landlord
Reason: Previous order application 4782449 dated 30/01/2024

Lock/key replacement

Amount: $195.42
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $305.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: and tenant's chattels

Amount: $1,172.44
Awarded to: Landlord
Reason: Rubbish removal: and tenant's chattels

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Joseph Sciascia must pay Team Group Rentals Limited $4,977.25 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,314.28 Previous order application 4782449 dated 30/01/2024 $801.87 Lock/key replacement$195.42 Cleaning$305.00 Rubbish removal: and tenant's chattels$1,172.44 Repairs: electrical reinstatement$1,167.80 Filing fee reimbursement$20.44 Total award$4,977.25 Total payable by Tenant to Landlord$4,977.25

Reasons

The landlord attended the hearing. The tenant did not attend 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 30 January 2024 by order of the Tribunal. The landlord gained possession of the property on 21 February 2024. The landlord is entitled to rent for a further 23 days and provided evidence of the rent outstanding in a rent statement.

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish or all his possessions.
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.
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 landlord provided photographic evidence and evidence from a qualified electrician that the electrical system in the house had been altered so that the power meter had been bypassed. The electrical system in the property was therefore unsafe. This damage was intentional.
The amount ordered is proved.
Because Team Group Rentals Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4858920 — Property damage at 42 Elizabeth Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4858920 — Property damage at 42 Elizabeth Street, Levin, Levin 5510

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