How much money was awarded in case 4860720?

Bailiff Fee: $200.00 awarded to landlord; Cleaning: $372.69 awarded to landlord; Cleaning: $293.25 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,020.00 awarded to landlord; Property Damage: $423.65 awarded to landlord; Rent Credit: $637.58 awarded to tenant

What type of tenancy dispute was case 4860720?

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

Where can I read the official tribunal order for case 4860720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10313158-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4860720?

Bailiff Fee: $200.00 awarded to landlord; Cleaning: $372.69 awarded to landlord; Cleaning: $293.25 awarded to landlord; Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,020.00 awarded to landlord; Property Damage: $423.65 awarded to landlord; Rent Credit: $637.58 awarded to tenant

What type of tenancy dispute was case 4860720?

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

Where can I read the official tribunal order for case 4860720?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10313158-Tenancy_Tribunal_Order.pdf.

62 Hinemoa Street, Levin, Levin 5510 Tenancy Tribunal Case 4860720 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4860720?

The tribunal order states: Daeshanah-lee Stevens must pay Seddon Street Property Management Limited

Order

Claims and awards in Tenancy Tribunal application 4860720 — net $1,322.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Bailiff fee	$200.00		Bailiff fee
Carpet Cleaning	$372.69		Carpet Cleaning
Cleaning including oven	$293.25		Cleaning including oven
Further cleaning	$150.00		Further cleaning
Repairs	$1,020.00		Repairs
Lock/key replacement	$423.65		Lock/key replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent credit		$637.58	Rent credit
Total award	$2,480.03	$637.58
Net award	$1,322.89
Total payable by Tenant to Landlord	$1,322.89

Daeshanah-lee Stevens must pay Seddon Street Property Management Limited As Agent For Isabelle (Izzy) Cameron Le $1,322.89 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $519.56 (3263777-013) to Seddon Street Property Management Limited As Agent For Isabelle (Izzy) Cameron Le immediately.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

In an order dated 21 February 2024 the tenancy was terminated and possession granted to the landlord on 25 February 2024. The rent arrears of $1620 plus the filing fee of $20.44 were ordered to be paid from the bond, leaving a balance of $519.56 of the bond remaining.

The tenant did not leave the premises and so the landlord incurred a fee of $200 enforcing the possession order with the use of a bailiff. The tenant is ordered to pay the landlord $200.

In the meantime, the bond centre released the $1640.44 that had been ordered and at the same time, some rent payments were made from MSD, resulting in a credit of $637.58 for the tenant. This has therefore been deducted from the total amount owed.

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, and return all keys and security devices. See section 40(1)(e) Residential Tenancies Act 1986.

The landlord provided photos showing that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven required cleaning.

The tenant did not return the keys.

The landlord provided invoices for $423.65 for lock replacement and $293.25 for cleaning, including oven cleaning. An invoice for repairs included three hours cleaning which comes to $150.00 including GST.

The carpet was new at the start of the tenancy. Photos showed a number of stains. The landlord submitted an invoice for $372.69 for carpet cleaning.

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.

There were multiple marks on the walls, including scribble from marker pen, pink marks, paint missing. These are in various rooms and clearly do not relate to one isolated incident. The total cost of the repairs claimed is $1,170. The property had been painted before the start of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord submitted an invoice for $1235 for repairs and cleaning. They seek only $1,170 of that. The cleaning portion of $150 has been included above. Therefore I have deducted that and I order $1,020 for repairs.

The amounts ordered are proved.

Because the landlord has wholly succeeded, I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4860720 — net $1,322.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Bailiff fee	$200.00		Bailiff fee
Carpet Cleaning	$372.69		Carpet Cleaning
Cleaning including oven	$293.25		Cleaning including oven
Further cleaning	$150.00		Further cleaning
Repairs	$1,020.00		Repairs
Lock/key replacement	$423.65		Lock/key replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent credit		$637.58	Rent credit
Total award	$2,480.03	$637.58
Net award	$1,322.89
Total payable by Tenant to Landlord	$1,322.89

Order

Daeshanah-lee Stevens must pay Seddon Street Property Management Limited As Agent For Isabelle (Izzy) Cameron Le $1,322.89 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $519.56 (3263777-013) to Seddon Street Property Management Limited As Agent For Isabelle (Izzy) Cameron Le immediately.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
In an order dated 21 February 2024 the tenancy was terminated and possession granted to the landlord on 25 February 2024. The rent arrears of $1620 plus the filing fee of $20.44 were ordered to be paid from the bond, leaving a balance of $519.56 of the bond remaining.
The tenant did not leave the premises and so the landlord incurred a fee of $200 enforcing the possession order with the use of a bailiff. The tenant is ordered to pay the landlord $200.
In the meantime, the bond centre released the $1640.44 that had been ordered and at the same time, some rent payments were made from MSD, resulting in a credit of $637.58 for the tenant. This has therefore been deducted from the total amount owed.

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, and return all keys and security devices. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photos showing that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven required cleaning.
The tenant did not return the keys.
The landlord provided invoices for $423.65 for lock replacement and $293.25 for cleaning, including oven cleaning. An invoice for repairs included three hours cleaning which comes to $150.00 including GST.
The carpet was new at the start of the tenancy. Photos showed a number of stains. The landlord submitted an invoice for $372.69 for carpet cleaning.
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.
There were multiple marks on the walls, including scribble from marker pen, pink marks, paint missing. These are in various rooms and clearly do not relate to one isolated incident. The total cost of the repairs claimed is $1,170. The property had been painted before the start of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord submitted an invoice for $1235 for repairs and cleaning. They seek only $1,170 of that. The cleaning portion of $150 has been included above. Therefore I have deducted that and I order $1,020 for repairs.
The amounts ordered are proved.
Because the landlord has wholly succeeded, I must reimburse the filing fee.

Tenancy Tribunal case 4860720 — Property damage at 62 Hinemoa Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4860720 — Property damage at 62 Hinemoa Street, Levin, Levin 5510

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