What was the outcome of Tenancy Tribunal case 4913973?

The tribunal order states: Francess Olivia Carr must pay E M Van Haeren and Zac Bowling $1,745.94

How much money was awarded in case 4913973?

Cleaning: $75.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $270.71 awarded to landlord; Walls and Doors: $1,035.00 awarded to landlord; Basin Mixer: $131.12 awarded to landlord; Cladding: $345.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Ranch Slider Doors: $120.00 awarded to landlord; To Lawn: $60.00 awarded to landlord; Replace Blinds: $120.00 awarded to landlord; Replace Smashed Tv: $325.00 awarded to landlord; Rubbish Removal: $345.68 awarded to landlord; Water Rates: $172.99 awarded to landlord

What type of tenancy dispute was case 4913973?

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

Where can I read the official tribunal order for case 4913973?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10912523-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4913973?

The tribunal order states: Francess Olivia Carr must pay E M Van Haeren and Zac Bowling $1,745.94

How much money was awarded in case 4913973?

Cleaning: $75.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $270.71 awarded to landlord; Walls and Doors: $1,035.00 awarded to landlord; Basin Mixer: $131.12 awarded to landlord; Cladding: $345.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Ranch Slider Doors: $120.00 awarded to landlord; To Lawn: $60.00 awarded to landlord; Replace Blinds: $120.00 awarded to landlord; Replace Smashed Tv: $325.00 awarded to landlord; Rubbish Removal: $345.68 awarded to landlord; Water Rates: $172.99 awarded to landlord

What type of tenancy dispute was case 4913973?

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

Where can I read the official tribunal order for case 4913973?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10912523-Tenancy_Tribunal_Order.pdf.

8 Trig Hill Terrace, Waikanae Beach, Waikanae 5036 Tenancy Tribunal Case 4913973 — Property damage

Claims and awards in Tenancy Tribunal application 4913973 — net $1,745.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 June 2024	$270.71	Rent arrears to 19 June 2024
Water rates	$172.99	Water rates
Cleaning: Stove	$80.00	Cleaning: Stove
Cleaning: Fireplace and flue	$80.00	Cleaning: Fireplace and flue
Cleaning: Driveway	$80.00	Cleaning: Driveway
Carpet Cleaning	$75.00	Carpet Cleaning
Rubbish removal	$345.68	Rubbish removal
Repairs: to lawn	$60.00	Repairs: to lawn
Repairs: clean and repair shower door	$80.00	Repairs: clean and repair shower door
Repairs: basin mixer	$131.12	Repairs: basin mixer
Repairs: cladding	$345.00	Repairs: cladding
Repairs: and painting damaged walls and doors	$1,035.00	Repairs: and painting damaged walls and doors
Cleaning: fridge door and fridge	$80.00	Cleaning: fridge door and fridge
Repairs: damaged internal doors	$200.00	Repairs: damaged internal doors
Repairs: ranch slider doors	$120.00	Repairs: ranch slider doors
Replace blinds	$120.00	Replace blinds
Replace smashed tv	$325.00	Replace smashed tv
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 04 October 2024 ________________________________…
Net award	$1,745.94
Total payable by Tenant to Landlord	$1,745.94

Claims and awards in Tenancy Tribunal application 4913973 — net $1,745.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 19 June 2024

$270.71

Rent arrears to 19 June 2024

Water rates

$172.99

Water rates

Cleaning: Stove

$80.00

Cleaning: Stove

Cleaning: Fireplace and flue

$80.00

Cleaning: Fireplace and flue

Cleaning: Driveway

$80.00

Cleaning: Driveway

Carpet Cleaning

$75.00

Carpet Cleaning

Rubbish removal

$345.68

Rubbish removal

Repairs: to lawn

$60.00

Repairs: to lawn

Repairs: clean and repair shower door

$80.00

Repairs: clean and repair shower door

Repairs: basin mixer

$131.12

Repairs: basin mixer

Repairs: cladding

$345.00

Repairs: cladding

Repairs: and painting damaged walls and doors

$1,035.00

Repairs: and painting damaged walls and doors

Cleaning: fridge door and fridge

$80.00

Cleaning: fridge door and fridge

Repairs: damaged internal doors

$200.00

Repairs: damaged internal doors

Repairs: ranch slider doors

$120.00

Repairs: ranch slider doors

Replace blinds

$120.00

Replace blinds

Replace smashed tv

$325.00

Replace smashed tv

Filing fee reimbursement

$20.44

cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 04 October 2024 ________________________________…

Net award

$1,745.94

Total payable by Tenant to Landlord

$1,745.94

Order

Francess Olivia Carr must pay E M Van Haeren and Zac Bowling $1,745.94 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 19 June 2024$270.71 Water rates$172.99 Cleaning: Stove$80.00 Cleaning: Fireplace and flue$80.00 Cleaning: Driveway$80.00 Carpet Cleaning$75.00 Rubbish removal$345.68 Repairs: to lawn$60.00 Repairs: clean and repair shower door$80.00 Repairs: basin mixer$131.12 Repairs: cladding$345.00 Repairs: aluminium window handle$0.00 Repairs: and painting damaged walls and doors$1,035.00 Cleaning: fridge door and fridge$80.00 Repairs: damaged internal doors$200.00 Repairs: ranch slider doors$120.00 Replace blinds$120.00 Replace smashed tv$325.00 Filing fee reimbursement$20.44 Total award$3,620.94 Less Bond$1,875.00 Total payable by Tenant to Landlord$1,745.94

The Bond Centre is to pay the bond of $1,875.00 (5218825-003) to E M Van Haeren and Zac Bowling immediately.

Reasons

Only the landlords attended 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 and water rates?

The tenancy ended on 19 June 2024. The landlord provided rent records and water rates invoices 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The cleaning and rubbish removal was carried out by the landlords and the cost to the tenant is considerably less than would have been if contractors had been employed. Items needing cleaning are listed in the table above. There was a considerable amount of rubbish left at the property.

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: [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The cladding was damaged, presumably by a vehicle, walls and doors needed repair, the shower door rollers were broken, the ranchsliders and internal doors had locks added that had to be removed, blinds were broken, the TV, which was new in October 2022, was smashed.

The window handle replacement has not been ordered because it is more likely top be wear and tear.

The amounts ordered are proved.

I have taken into account 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. 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.

Some claims have been reduced because receipts were not provided. Filing Fee

Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.

Claims and awards in Tenancy Tribunal application 4913973 — net $1,745.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19 June 2024	$270.71	Rent arrears to 19 June 2024
Water rates	$172.99	Water rates
Cleaning: Stove	$80.00	Cleaning: Stove
Cleaning: Fireplace and flue	$80.00	Cleaning: Fireplace and flue
Cleaning: Driveway	$80.00	Cleaning: Driveway
Carpet Cleaning	$75.00	Carpet Cleaning
Rubbish removal	$345.68	Rubbish removal
Repairs: to lawn	$60.00	Repairs: to lawn
Repairs: clean and repair shower door	$80.00	Repairs: clean and repair shower door
Repairs: basin mixer	$131.12	Repairs: basin mixer
Repairs: cladding	$345.00	Repairs: cladding
Repairs: and painting damaged walls and doors	$1,035.00	Repairs: and painting damaged walls and doors
Cleaning: fridge door and fridge	$80.00	Cleaning: fridge door and fridge
Repairs: damaged internal doors	$200.00	Repairs: damaged internal doors
Repairs: ranch slider doors	$120.00	Repairs: ranch slider doors
Replace blinds	$120.00	Replace blinds
Replace smashed tv	$325.00	Replace smashed tv
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 04 October 2024 ________________________________…
Net award	$1,745.94
Total payable by Tenant to Landlord	$1,745.94

Claims and awards in Tenancy Tribunal application 4913973 — net $1,745.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 19 June 2024

$270.71

Rent arrears to 19 June 2024

Water rates

$172.99

Water rates

Cleaning: Stove

$80.00

Cleaning: Stove

Cleaning: Fireplace and flue

$80.00

Cleaning: Fireplace and flue

Cleaning: Driveway

$80.00

Cleaning: Driveway

Carpet Cleaning

$75.00

Carpet Cleaning

Rubbish removal

$345.68

Rubbish removal

Repairs: to lawn

$60.00

Repairs: to lawn

Repairs: clean and repair shower door

$80.00

Repairs: clean and repair shower door

Repairs: basin mixer

$131.12

Repairs: basin mixer

Repairs: cladding

$345.00

Repairs: cladding

Repairs: and painting damaged walls and doors

$1,035.00

Repairs: and painting damaged walls and doors

Cleaning: fridge door and fridge

$80.00

Cleaning: fridge door and fridge

Repairs: damaged internal doors

$200.00

Repairs: damaged internal doors

Repairs: ranch slider doors

$120.00

Repairs: ranch slider doors

Replace blinds

$120.00

Replace blinds

Replace smashed tv

$325.00

Replace smashed tv

Filing fee reimbursement

$20.44

cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 04 October 2024 ________________________________…

Net award

$1,745.94

Total payable by Tenant to Landlord

$1,745.94

Order

Francess Olivia Carr must pay E M Van Haeren and Zac Bowling $1,745.94 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 19 June 2024$270.71 Water rates$172.99 Cleaning: Stove$80.00 Cleaning: Fireplace and flue$80.00 Cleaning: Driveway$80.00 Carpet Cleaning$75.00 Rubbish removal$345.68 Repairs: to lawn$60.00 Repairs: clean and repair shower door$80.00 Repairs: basin mixer$131.12 Repairs: cladding$345.00 Repairs: aluminium window handle$0.00 Repairs: and painting damaged walls and doors$1,035.00 Cleaning: fridge door and fridge$80.00 Repairs: damaged internal doors$200.00 Repairs: ranch slider doors$120.00 Replace blinds$120.00 Replace smashed tv$325.00 Filing fee reimbursement$20.44 Total award$3,620.94 Less Bond$1,875.00 Total payable by Tenant to Landlord$1,745.94
The Bond Centre is to pay the bond of $1,875.00 (5218825-003) to E M Van Haeren and Zac Bowling immediately.

Reasons

Only the landlords attended 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 and water rates?

The tenancy ended on 19 June 2024. The landlord provided rent records and water rates invoices 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The cleaning and rubbish removal was carried out by the landlords and the cost to the tenant is considerably less than would have been if contractors had been employed. Items needing cleaning are listed in the table above. There was a considerable amount of rubbish left at the property.
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: [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The cladding was damaged, presumably by a vehicle, walls and doors needed repair, the shower door rollers were broken, the ranchsliders and internal doors had locks added that had to be removed, blinds were broken, the TV, which was new in October 2022, was smashed.
The window handle replacement has not been ordered because it is more likely top be wear and tear.
The amounts ordered are proved.
I have taken into account 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. 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.
Some claims have been reduced because receipts were not provided. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.

Tenancy Tribunal case 4913973 — Property damage at 8 Trig Hill Terrace, Waikanae Beach, Waikanae 5036

At a glance

Tenancy Tribunal case 4913973 — Property damage at 8 Trig Hill Terrace, Waikanae Beach, Waikanae 5036

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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