What was the outcome of Tenancy Tribunal case 4899590?

The tribunal order states: Michele Laurina Howley Mckinstry must pay David & Cecille Russ As Trustees

How much money was awarded in case 4899590?

Cleaning: $100.00 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Previous Order Application 4782323 D…: $10,410.44 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $171.50 awarded to landlord; Property Damage: $46.56 awarded to landlord; Rent Arrears: $3,713.00 awarded to landlord; Smoke Alarms: $48.85 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 4899590?

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

Where can I read the official tribunal order for case 4899590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10561445-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4899590?

The tribunal order states: Michele Laurina Howley Mckinstry must pay David & Cecille Russ As Trustees

How much money was awarded in case 4899590?

Cleaning: $100.00 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Previous Order Application 4782323 D…: $10,410.44 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $171.50 awarded to landlord; Property Damage: $46.56 awarded to landlord; Rent Arrears: $3,713.00 awarded to landlord; Smoke Alarms: $48.85 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 4899590?

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

Where can I read the official tribunal order for case 4899590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10561445-Tenancy_Tribunal_Order.pdf.

29B Avenue Road, Foxton, Foxton 4814 Tenancy Tribunal Case 4899590 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

29B Avenue Road, Foxton, Foxton 4814 Tenancy Tribunal Case 4899590 — Rent arrears | 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 4899590 — net $15,567.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,713.00	Rent arrears
Previous order application 4782323 dated 26/02/2024	$10,410.44	Previous order application 4782323 dated 26/02/2024
Carpet Cleaning	$100.00	Carpet Cleaning
Cleaning	$600.00	Cleaning
Rubbish removal	$200.00	Rubbish removal
Lawns and Garden work	$50.00	Lawns and Garden work
Repairs	$207.00	Repairs
Window repairs	$171.50	Window repairs
Replace furnishings: smoke alarms	$48.85	Replace furnishings: smoke alarms
Lock/key replacement	$46.56	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,567.79
Total payable by Tenant to Landlord	$15,567.79

Claims and awards for application 4899590 — net $15,567.79 NZD. Verify on MoJ.

Rent arrears

Amount: $3,713.00
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4782323 dated 26/02/2024

Amount: $10,410.44
Awarded to: Landlord
Reason: Previous order application 4782323 dated 26/02/2024

Carpet Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $600.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Replace Smoke Alarms Rubbish Removal

Order

Michele Laurina Howley Mckinstry must pay David & Cecille Russ As Trustees For Calalea Trust $15,567.79 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,713.00 Previous order application 4782323 dated 26/02/2024 $10,410.44 Carpet Cleaning$100.00 Cleaning$600.00 Rubbish removal$200.00 Lawns and Garden work$50.00 Repairs$207.00 Window repairs$171.50 Replace furnishings: smoke alarms$48.85 Lock/key replacement$46.56 Filing fee reimbursement$20.44 Total award$15,567.79 Total payable by Tenant to Landlord$15,567.79

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 was terminated on 27 February 2024 and rent up until that date was included in Order 4782323. The tenant did not vacate the premises on that date and the landlord required the bailiff’s assistance to obtain possession on 19 April 2024. The landlord provided rent records which prove the amount owing at the date the landlord obtained possession of the property.
The landlord claimed for the bailiff fees incurred in having the prior order enforced. These costs attach to the prior order and cannot be added to this new order.

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. It appeared as if the tenant took what she wished to keep and left everything else behind and made no attempt to clean. The amount claimed by the landlord was modest and includes the cost of degreasing the garage floor and the shampooing of the carpets which was required because the tenant kept a dog inside.
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 following damage was caused during the tenancy: a. A hole in a bedroom wall. This was intentional damage. b. A curtain required repair. This was careless damage. c. The fence was damaged. This was careless damage.
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 considered betterment and depreciation. 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. I am satisfied that the amounts claimed and ordered do not leave the landlord in a better position. Once again the amounts claimed were modest in comparison to invoices that the Tribunal sees for similar works in this region.
Because David & Cecille Russ As Trustees For Calalea Trust 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 4899590 — net $15,567.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,713.00	Rent arrears
Previous order application 4782323 dated 26/02/2024	$10,410.44	Previous order application 4782323 dated 26/02/2024
Carpet Cleaning	$100.00	Carpet Cleaning
Cleaning	$600.00	Cleaning
Rubbish removal	$200.00	Rubbish removal
Lawns and Garden work	$50.00	Lawns and Garden work
Repairs	$207.00	Repairs
Window repairs	$171.50	Window repairs
Replace furnishings: smoke alarms	$48.85	Replace furnishings: smoke alarms
Lock/key replacement	$46.56	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,567.79
Total payable by Tenant to Landlord	$15,567.79

Claims and awards for application 4899590 — net $15,567.79 NZD. Verify on MoJ.

Rent arrears

Amount: $3,713.00
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4782323 dated 26/02/2024

Amount: $10,410.44
Awarded to: Landlord
Reason: Previous order application 4782323 dated 26/02/2024

Carpet Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $600.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Replace Smoke Alarms Rubbish Removal

Order

Michele Laurina Howley Mckinstry must pay David & Cecille Russ As Trustees For Calalea Trust $15,567.79 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$3,713.00 Previous order application 4782323 dated 26/02/2024 $10,410.44 Carpet Cleaning$100.00 Cleaning$600.00 Rubbish removal$200.00 Lawns and Garden work$50.00 Repairs$207.00 Window repairs$171.50 Replace furnishings: smoke alarms$48.85 Lock/key replacement$46.56 Filing fee reimbursement$20.44 Total award$15,567.79 Total payable by Tenant to Landlord$15,567.79

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 was terminated on 27 February 2024 and rent up until that date was included in Order 4782323. The tenant did not vacate the premises on that date and the landlord required the bailiff’s assistance to obtain possession on 19 April 2024. The landlord provided rent records which prove the amount owing at the date the landlord obtained possession of the property.
The landlord claimed for the bailiff fees incurred in having the prior order enforced. These costs attach to the prior order and cannot be added to this new order.

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. It appeared as if the tenant took what she wished to keep and left everything else behind and made no attempt to clean. The amount claimed by the landlord was modest and includes the cost of degreasing the garage floor and the shampooing of the carpets which was required because the tenant kept a dog inside.
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 following damage was caused during the tenancy: a. A hole in a bedroom wall. This was intentional damage. b. A curtain required repair. This was careless damage. c. The fence was damaged. This was careless damage.
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 considered betterment and depreciation. 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. I am satisfied that the amounts claimed and ordered do not leave the landlord in a better position. Once again the amounts claimed were modest in comparison to invoices that the Tribunal sees for similar works in this region.
Because David & Cecille Russ As Trustees For Calalea Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4899590 — Rent arrears at 29B Avenue Road, Foxton, Foxton 4814

At a glance

Tenancy Tribunal case 4899590 — Rent arrears at 29B Avenue Road, Foxton, Foxton 4814

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