What was the outcome of Tenancy Tribunal case 4907778?

The tribunal order states: Lizette Standish, Olivia Jayde Pirimona and Sativa Lei Kuri-Cunningham must

How much money was awarded in case 4907778?

Cleaning: $206.25 awarded to landlord; Electricity: $200.53 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gas: $152.40 awarded to landlord; Heater And 2 Heated Towel Rails: $416.88 awarded to landlord; Previous Order Application 4907778 D…: $8,922.29 awarded to landlord; Property Damage: $308.49 awarded to landlord; Property Damage: $1,343.81 awarded to landlord; Rubbish Removal: $1,878.22 awarded to landlord; Property Damage: $704.56 awarded to landlord

What type of tenancy dispute was case 4907778?

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

Where can I read the official tribunal order for case 4907778?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10693218-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4907778?

The tribunal order states: Lizette Standish, Olivia Jayde Pirimona and Sativa Lei Kuri-Cunningham must

How much money was awarded in case 4907778?

Cleaning: $206.25 awarded to landlord; Electricity: $200.53 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gas: $152.40 awarded to landlord; Heater And 2 Heated Towel Rails: $416.88 awarded to landlord; Previous Order Application 4907778 D…: $8,922.29 awarded to landlord; Property Damage: $308.49 awarded to landlord; Property Damage: $1,343.81 awarded to landlord; Rubbish Removal: $1,878.22 awarded to landlord; Property Damage: $704.56 awarded to landlord

What type of tenancy dispute was case 4907778?

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

Where can I read the official tribunal order for case 4907778?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10693218-Tribunal_Order.pdf.

Unit/Flat 2, 22 Athens Street, Miramar, Wellington 6022 Tenancy Tribunal Case 4907778 — Property damage

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Unit/Flat 2, 22 Athens Street, Miramar, Wellington 6022 Tenancy Tribunal Case 4907778 — 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 4907778 — net $14,153.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4907778 dated 29/07/2024	$8,922.29	Previous order application 4907778 dated 29/07/2024
Window repairs	$308.49	Window repairs
Lock/key replacement	$1,343.81	Lock/key replacement
Rubbish removal	$1,878.22	is for and why the tenant should be liable for it. The tenant is ordered to pay $1,878.22.
Heater and 2 heated towel rails	$416.88	or the damage. I have deducted the service fee and the tenant is ordered to pay $416.88.
Cleaning	$206.25	Cleaning
Window repairs: Wellington glass	$704.56	Window repairs: Wellington glass
Gas	$152.40	Gas
Electricity	$200.53	Electricity
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,153.87
Total payable by Tenant to Landlord	$14,153.87

Claims and awards for application 4907778 — net $14,153.87 NZD. Verify on MoJ.

Previous order application 4907778 dated 29/07/2024

Amount: $8,922.29
Awarded to: Landlord
Reason: Previous order application 4907778 dated 29/07/2024

Window repairs

Amount: $308.49
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement

Amount: $1,343.81
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $1,878.22
Awarded to: Landlord
Reason: is for and why the tenant should be liable for it. The tenant is ordered to pay $1,878.22.

Heater and 2 heated towel rails

Amount: $416.88
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Lizette Standish, Olivia Jayde Pirimona and Sativa Lei Kuri-Cunningham must pay Oxygen.Co.Nz Limited As Agent For Able Tasman Forestry $14,153.87 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 29 July 2024 under application TT4907778.

Reasons

This matter was part heard on 29 July 2024. On both occasions the hearing has been attended by the landlord. Telephone calls were made to the tenants. The calls were not answered.
The landlord has applied for rent arrears and compensation following the end of the tenancy. The rent arrears issue has already been dealt with in the earlier 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord has provided invoices and photos in support of their application.
Rubbish removal. The landlord’s invoice was for $3,575.72. I have reduced the hourly labour rate for rubbish removal from $75.00 to $35.00 plus GST. $75.00 is not a reasonable rate for rubbish removal. I have deducted the “service fee”. It is not clear what it is for and why the tenant should be liable for it. The tenant is ordered to pay $1,878.22. This includes the rubbish transfer station costs and trailer hire.
The landlord has claimed $436.25 for cleaning, including labour at $75.00 per hour. I have reduced the hourly rate to $35.00 plus GST. The claim includes cleaning products. The tenant is to pay $206.25.
The tenant has installed a combination lock and has not provided the combination. The lock required removal. There are two other lock sets. One is missing and the other was broken. The landlord claims $1,372.56. I have allowed $1,343.81 as I have deducted the “service fees”.
The amounts ordered are proved.
The landlord has provided unpaid invoices for gas ($152.40) and electricity ($200.57). The amounts are proven.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: Broken windows and replacement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The invoices total $1,013.05. Broken heater and two towel rails. The damage is more than fair wear and tear and the tenant has not disproved liability for the damage. I have deducted the service fee and the tenant is ordered to pay $416.88.
The amounts ordered are proved.
On 29 July 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 2 July 2024 . The previous order is incorporated into this order for enforcement purposes.
The landlord has been substantially successful in this matter and the tenant is ordered to 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 4907778 — net $14,153.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4907778 dated 29/07/2024	$8,922.29	Previous order application 4907778 dated 29/07/2024
Window repairs	$308.49	Window repairs
Lock/key replacement	$1,343.81	Lock/key replacement
Rubbish removal	$1,878.22	is for and why the tenant should be liable for it. The tenant is ordered to pay $1,878.22.
Heater and 2 heated towel rails	$416.88	or the damage. I have deducted the service fee and the tenant is ordered to pay $416.88.
Cleaning	$206.25	Cleaning
Window repairs: Wellington glass	$704.56	Window repairs: Wellington glass
Gas	$152.40	Gas
Electricity	$200.53	Electricity
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,153.87
Total payable by Tenant to Landlord	$14,153.87

Claims and awards for application 4907778 — net $14,153.87 NZD. Verify on MoJ.

Previous order application 4907778 dated 29/07/2024

Amount: $8,922.29
Awarded to: Landlord
Reason: Previous order application 4907778 dated 29/07/2024

Window repairs

Amount: $308.49
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement

Amount: $1,343.81
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $1,878.22
Awarded to: Landlord
Reason: is for and why the tenant should be liable for it. The tenant is ordered to pay $1,878.22.

Heater and 2 heated towel rails

Amount: $416.88
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Lizette Standish, Olivia Jayde Pirimona and Sativa Lei Kuri-Cunningham must pay Oxygen.Co.Nz Limited As Agent For Able Tasman Forestry $14,153.87 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 29 July 2024 under application TT4907778.

Reasons

This matter was part heard on 29 July 2024. On both occasions the hearing has been attended by the landlord. Telephone calls were made to the tenants. The calls were not answered.
The landlord has applied for rent arrears and compensation following the end of the tenancy. The rent arrears issue has already been dealt with in the earlier 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord has provided invoices and photos in support of their application.
Rubbish removal. The landlord’s invoice was for $3,575.72. I have reduced the hourly labour rate for rubbish removal from $75.00 to $35.00 plus GST. $75.00 is not a reasonable rate for rubbish removal. I have deducted the “service fee”. It is not clear what it is for and why the tenant should be liable for it. The tenant is ordered to pay $1,878.22. This includes the rubbish transfer station costs and trailer hire.
The landlord has claimed $436.25 for cleaning, including labour at $75.00 per hour. I have reduced the hourly rate to $35.00 plus GST. The claim includes cleaning products. The tenant is to pay $206.25.
The tenant has installed a combination lock and has not provided the combination. The lock required removal. There are two other lock sets. One is missing and the other was broken. The landlord claims $1,372.56. I have allowed $1,343.81 as I have deducted the “service fees”.
The amounts ordered are proved.
The landlord has provided unpaid invoices for gas ($152.40) and electricity ($200.57). The amounts are proven.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: Broken windows and replacement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The invoices total $1,013.05. Broken heater and two towel rails. The damage is more than fair wear and tear and the tenant has not disproved liability for the damage. I have deducted the service fee and the tenant is ordered to pay $416.88.
The amounts ordered are proved.
On 29 July 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 2 July 2024 . The previous order is incorporated into this order for enforcement purposes.
The landlord has been substantially successful in this matter and the tenant is ordered to reimburse the filing fee.

Tenancy Tribunal case 4907778 — Property damage at Unit/Flat 2, 22 Athens Street, Miramar, Wellington 6022

At a glance

Tenancy Tribunal case 4907778 — Property damage at Unit/Flat 2, 22 Athens Street, Miramar, Wellington 6022

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