How much money was awarded in case 4913173?

Cleaning: $150.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $1,137.75 awarded to landlord; Rent Arrears: $620.00 awarded to landlord; Rubbish Removal: $52.50 awarded to landlord

What type of tenancy dispute was case 4913173?

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

Where can I read the official tribunal order for case 4913173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10707661-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4913173?

Cleaning: $150.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $1,137.75 awarded to landlord; Rent Arrears: $620.00 awarded to landlord; Rubbish Removal: $52.50 awarded to landlord

What type of tenancy dispute was case 4913173?

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

Where can I read the official tribunal order for case 4913173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10707661-Tribunal_Order_Redacted.pdf.

Room 6, Unit/Flat 1, 154 Grey Street, Palmerston North, Tenancy Tribunal Case 4913173 — Property damage

Q: What was Tenancy Tribunal case 4913173 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4913173 — net $970.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$620.00	Rent arrears
Cleaning	$150.00	Cleaning
Lock/key replacement	$250.00	Lock/key replacement
Repairs	$1,137.75	Repairs
Rubbish removal	$52.50	Rubbish removal
Net award	$970.25
Total payable by Tenant to Landlord	$970.25

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Dominic Ison must pay [The landlord/s] $970.25 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,240.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$620.00 Cleaning$150.00 Lock/key replacement$250.00 Repairs$1,137.75 Rubbish removal$52.50 Total award$2,210.25 Bond$1,240.00 Total payable by Tenant to Landlord$970.25

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 23 May 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The landlord provided photographic evidence that a wall heater had been removed during the tenancy and had to be replaced by the landlord.

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 door was damaged beyond repair. b. A security latch on a window was broken and required replacement. c. There were numerous holes in the walls.

The damage was intentional and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered depreciation and betterment. The Tribunal is satisfied that the landlord will not be in a better position having undertaken these repairs and it is not appropriate to deduct any amount from the amount awarded for depreciation or betterment.

Claims and awards in Tenancy Tribunal application 4913173 — net $970.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$620.00	Rent arrears
Cleaning	$150.00	Cleaning
Lock/key replacement	$250.00	Lock/key replacement
Repairs	$1,137.75	Repairs
Rubbish removal	$52.50	Rubbish removal
Net award	$970.25
Total payable by Tenant to Landlord	$970.25

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Dominic Ison must pay [The landlord/s] $970.25 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,240.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$620.00 Cleaning$150.00 Lock/key replacement$250.00 Repairs$1,137.75 Rubbish removal$52.50 Total award$2,210.25 Bond$1,240.00 Total payable by Tenant to Landlord$970.25

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation and refund of the bond following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 23 May 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord provided photographic evidence that a wall heater had been removed during the tenancy and had to be replaced by the landlord.
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 door was damaged beyond repair. b. A security latch on a window was broken and required replacement. c. There were numerous holes in the walls.
The damage was intentional and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered depreciation and betterment. The Tribunal is satisfied that the landlord will not be in a better position having undertaken these repairs and it is not appropriate to deduct any amount from the amount awarded for depreciation or betterment.

Tenancy Tribunal case 4913173 — Property damage at Room 6, Unit/Flat 1, 154 Grey Street, Palmerston North,

At a glance

Tenancy Tribunal case 4913173 — Property damage at Room 6, Unit/Flat 1, 154 Grey Street, Palmerston North,

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

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

Frequently asked questions