What was the outcome of Tenancy Tribunal case 4865920?

The tribunal order states: Serenity Rangimarie Rene Moanaroa must pay Tpm Rotorua Limited As Agent

How much money was awarded in case 4865920?

Cleaning: $120.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $1,325.00 awarded to landlord; Property Damage: $1,708.62 awarded to landlord; Property Damage: $175.01 awarded to landlord; Property Damage: $120.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $880.00 awarded to landlord; Rubbish Removal: $199.53 awarded to landlord; Smoke Alarms: $259.59 awarded to landlord

What type of tenancy dispute was case 4865920?

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

Where can I read the official tribunal order for case 4865920?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10423027-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4865920?

The tribunal order states: Serenity Rangimarie Rene Moanaroa must pay Tpm Rotorua Limited As Agent

How much money was awarded in case 4865920?

Cleaning: $120.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $1,325.00 awarded to landlord; Property Damage: $1,708.62 awarded to landlord; Property Damage: $175.01 awarded to landlord; Property Damage: $120.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $880.00 awarded to landlord; Rubbish Removal: $199.53 awarded to landlord; Smoke Alarms: $259.59 awarded to landlord

What type of tenancy dispute was case 4865920?

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

Where can I read the official tribunal order for case 4865920?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10423027-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 62 Fairview Road, Western Heights, Rotorua Tenancy Tribunal Case 4865920 — Property damage

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Unit/Flat 3, 62 Fairview Road, Western Heights, Rotorua Tenancy Tribunal Case 4865920 — 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 4865920 — net $4,058.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/3/2024	$880.00	Rent arrears to 14/3/2024
Cleaning	$500.00	Cleaning
Carpet Cleaning	$120.00	Carpet Cleaning
Repairs	$1,708.62	Repairs
Rubbish removal	$199.53	Rubbish removal
Painting	$1,325.00	Painting
Replace chattels and smoke alarms	$259.59	Replace chattels and smoke alarms
Electrical fittings replacement/repair	$175.01	Electrical fittings replacement/repair
Carpet/flooring repairs	$120.00	Carpet/flooring repairs
Lino repairs	$250.00	Lino repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,058.63
Total payable by Tenant to Landlord	$4,058.63

Claims and awards for application 4865920 — net $4,058.63 NZD. Verify on MoJ.

Rent arrears to 14/3/2024

Amount: $880.00
Awarded to: Landlord
Reason: Rent arrears to 14/3/2024

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $120.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs

Amount: $1,708.62
Awarded to: Landlord
Reason: Repairs

Rubbish removal

Amount: $199.53
Awarded to: Landlord
Reason: Rubbish removal

Painting

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Serenity Rangimarie Rene Moanaroa must pay Tpm Rotorua Limited As Agent For Damian Kookachoo (2008) Ltd And Mr D Cooper $4,058.63 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,499.56 (3140013-028) to Tpm Rotorua Limited As Agent For Damian Kookachoo (2008) Ltd And Mr D Cooper immediately.

Reasons

Only the applicant landlord the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 14/3/2024. The landlord provided rent records which prove the amount owing at 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 all rubbish. The cleaning cost has been reduced by a small amount to reflect the “maintenance” clean a reasonable landlord can expect to attend to at the end of a tenancy that ran for more than 2 years.
The following chattels were missing at the end of the tenancy: oven racks, shower curtain, smoke alarms and plugs.
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: two doors were damaged beyond repair and there were large holes throughout the property. The kitchen cabinetry was damaged and the flooring in the lounge and kitchen laundry. 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 only when awarding compensation for the cost of repainting. While the painting was generally only to repaint damaged arears, the amount claimed did include new paint for the doors when that paintwork was older. 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.
Because Tpm Rotorua Limited As Agent For Damian Kookachoo (2008) Ltd And Mr D Cooper has substantially succeeded with the claim I have reimbursed 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 4865920 — net $4,058.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14/3/2024	$880.00	Rent arrears to 14/3/2024
Cleaning	$500.00	Cleaning
Carpet Cleaning	$120.00	Carpet Cleaning
Repairs	$1,708.62	Repairs
Rubbish removal	$199.53	Rubbish removal
Painting	$1,325.00	Painting
Replace chattels and smoke alarms	$259.59	Replace chattels and smoke alarms
Electrical fittings replacement/repair	$175.01	Electrical fittings replacement/repair
Carpet/flooring repairs	$120.00	Carpet/flooring repairs
Lino repairs	$250.00	Lino repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,058.63
Total payable by Tenant to Landlord	$4,058.63

Claims and awards for application 4865920 — net $4,058.63 NZD. Verify on MoJ.

Rent arrears to 14/3/2024

Amount: $880.00
Awarded to: Landlord
Reason: Rent arrears to 14/3/2024

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $120.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs

Amount: $1,708.62
Awarded to: Landlord
Reason: Repairs

Rubbish removal

Amount: $199.53
Awarded to: Landlord
Reason: Rubbish removal

Painting

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

Serenity Rangimarie Rene Moanaroa must pay Tpm Rotorua Limited As Agent For Damian Kookachoo (2008) Ltd And Mr D Cooper $4,058.63 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,499.56 (3140013-028) to Tpm Rotorua Limited As Agent For Damian Kookachoo (2008) Ltd And Mr D Cooper immediately.

Reasons

Only the applicant landlord the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 14/3/2024. The landlord provided rent records which prove the amount owing at 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 all rubbish. The cleaning cost has been reduced by a small amount to reflect the “maintenance” clean a reasonable landlord can expect to attend to at the end of a tenancy that ran for more than 2 years.
The following chattels were missing at the end of the tenancy: oven racks, shower curtain, smoke alarms and plugs.
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: two doors were damaged beyond repair and there were large holes throughout the property. The kitchen cabinetry was damaged and the flooring in the lounge and kitchen laundry. 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 only when awarding compensation for the cost of repainting. While the painting was generally only to repaint damaged arears, the amount claimed did include new paint for the doors when that paintwork was older. 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.
Because Tpm Rotorua Limited As Agent For Damian Kookachoo (2008) Ltd And Mr D Cooper has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4865920 — Property damage at Unit/Flat 3, 62 Fairview Road, Western Heights, Rotorua

At a glance

Tenancy Tribunal case 4865920 — Property damage at Unit/Flat 3, 62 Fairview Road, Western Heights, Rotorua

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