What was the outcome of Tenancy Tribunal case 4926195?

The tribunal order states: Aumai Tangapiri must pay Property Management Wellington Limited $2,781.91

How much money was awarded in case 4926195?

Cleaning: $565.08 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $567.53 awarded to landlord; Rent Arrears: $2,528.86 awarded to landlord

What type of tenancy dispute was case 4926195?

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

Where can I read the official tribunal order for case 4926195?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11067749-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4926195?

The tribunal order states: Aumai Tangapiri must pay Property Management Wellington Limited $2,781.91

How much money was awarded in case 4926195?

Cleaning: $565.08 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $567.53 awarded to landlord; Rent Arrears: $2,528.86 awarded to landlord

What type of tenancy dispute was case 4926195?

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

Where can I read the official tribunal order for case 4926195?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11067749-Tenancy_Tribunal_Order.pdf.

Room 2, 6 Macdonald Crescent, Te Aro, Wellington 6011 Tenancy Tribunal Case 4926195 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4926195 — net $2,781.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28.6.24	$2,528.86	Rent arrears to 28.6.24
Cleaning, replacement of door handle, plastering and painting wall holes	$565.08	Cleaning, replacement of door handle, plastering and painting wall holes
Window repairs	$567.53	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,781.91
Total payable by Tenant to Landlord	$2,781.91

The landlord attended the hearing represented by Ms Charles. There was no appearance by the tenant.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the boarding house tenancy.

How much is owed for rent?

The tenancy ended on 28 June 2024. The landlord has provided records which prove the amount of rent owing to 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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy with the fridge in particular requiring cleaning as shown in photos produced in evidence at the hearing.

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 49B, 66K(2)(a), and 66L 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: Various holes in the walls caused by large screws installed by the tenant which required plastering and painting; broken door handle where catch was removed which had to be replaced; broken sash window that had to be replaced. 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 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.

Claims and awards in Tenancy Tribunal application 4926195 — net $2,781.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28.6.24	$2,528.86	Rent arrears to 28.6.24
Cleaning, replacement of door handle, plastering and painting wall holes	$565.08	Cleaning, replacement of door handle, plastering and painting wall holes
Window repairs	$567.53	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,781.91
Total payable by Tenant to Landlord	$2,781.91

Order

Aumai Tangapiri must pay Property Management Wellington Limited $2,781.91 immediately, calculated as shown in the table below:
The Bond Centre is to pay the bond of $900.00 (6493859-002) to Property Management Wellington Limited immediately.

Reasons

The landlord attended the hearing represented by Ms Charles. There was no appearance by the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the boarding house tenancy.

How much is owed for rent?

The tenancy ended on 28 June 2024. The landlord has provided records which prove the amount of rent owing to 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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy with the fridge in particular requiring cleaning as shown in photos produced in evidence at the hearing.
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 49B, 66K(2)(a), and 66L 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: Various holes in the walls caused by large screws installed by the tenant which required plastering and painting; broken door handle where catch was removed which had to be replaced; broken sash window that had to be replaced. 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 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.

Tenancy Tribunal case 4926195 — Rent arrears at Room 2, 6 Macdonald Crescent, Te Aro, Wellington 6011

At a glance

Tenancy Tribunal case 4926195 — Rent arrears at Room 2, 6 Macdonald Crescent, Te Aro, Wellington 6011

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