What was the outcome of Tenancy Tribunal case 4887082?

The tribunal order states: Patsy Watson must pay Oxygen.Co.Nz Limited As Acting Agent For Elizabeth

How much money was awarded in case 4887082?

Cleaning: $372.92 awarded to landlord; Cleaning: $994.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $830.00 awarded to landlord; Property Damage: $957.47 awarded to landlord; Rubbish Removal: $4,600.00 awarded to landlord

What type of tenancy dispute was case 4887082?

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

Where can I read the official tribunal order for case 4887082?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10871992-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4887082?

The tribunal order states: Patsy Watson must pay Oxygen.Co.Nz Limited As Acting Agent For Elizabeth

How much money was awarded in case 4887082?

Cleaning: $372.92 awarded to landlord; Cleaning: $994.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $830.00 awarded to landlord; Property Damage: $957.47 awarded to landlord; Rubbish Removal: $4,600.00 awarded to landlord

What type of tenancy dispute was case 4887082?

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

Where can I read the official tribunal order for case 4887082?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10871992-Tenancy_Tribunal_Order.pdf.

94 Pine Avenue, Ebdentown, Upper Hutt 5018 Tenancy Tribunal Case 4887082 — Property damage

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94 Pine Avenue, Ebdentown, Upper Hutt 5018 Tenancy Tribunal Case 4887082 — 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 4887082 — net $7,775.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$4,600.00	Rubbish removal
Cleaning	$994.75	Cleaning
Carpet Cleaning	$372.92	Carpet Cleaning
Window repairs	$830.00	Window repairs
Lock/key replacement	$957.47	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,775.58
Total payable by Tenant to Landlord	$7,775.58

Claims and awards for application 4887082 — net $7,775.58 NZD. Verify on MoJ.

Rubbish removal

Amount: $4,600.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $994.75
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $372.92
Awarded to: Landlord
Reason: Carpet Cleaning

Window repairs

Amount: $830.00
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement

Amount: $957.47
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Patsy Watson must pay Oxygen.Co.Nz Limited As Acting Agent For Elizabeth Thodey $7,775.58 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing represented by Ms Aiulu.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy which was terminated by the Tribunal under application 4793900 for rent arrears and abandonment on 22 February 2024.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all belongings and rubbish (including 348 car tyres) as shown in the photos produced in evidence.
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.
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: Four laundry door glass panels were smashed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which was likely intentional.
The amounts ordered are proved.

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 4887082 — net $7,775.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$4,600.00	Rubbish removal
Cleaning	$994.75	Cleaning
Carpet Cleaning	$372.92	Carpet Cleaning
Window repairs	$830.00	Window repairs
Lock/key replacement	$957.47	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,775.58
Total payable by Tenant to Landlord	$7,775.58

Claims and awards for application 4887082 — net $7,775.58 NZD. Verify on MoJ.

Rubbish removal

Amount: $4,600.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $994.75
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $372.92
Awarded to: Landlord
Reason: Carpet Cleaning

Window repairs

Amount: $830.00
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement

Amount: $957.47
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Patsy Watson must pay Oxygen.Co.Nz Limited As Acting Agent For Elizabeth Thodey $7,775.58 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing represented by Ms Aiulu.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy which was terminated by the Tribunal under application 4793900 for rent arrears and abandonment on 22 February 2024.

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all belongings and rubbish (including 348 car tyres) as shown in the photos produced in evidence.
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.
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: Four laundry door glass panels were smashed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which was likely intentional.
The amounts ordered are proved.

Tenancy Tribunal case 4887082 — Property damage at 94 Pine Avenue, Ebdentown, Upper Hutt 5018

At a glance

Tenancy Tribunal case 4887082 — Property damage at 94 Pine Avenue, Ebdentown, Upper Hutt 5018

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