What was the outcome of Tenancy Tribunal case 4930656?

The tribunal order states: Saane Tovo and Sione Lomu must pay Team Group Rentals Limited $3,261.84

How much money was awarded in case 4930656?

Cleaning: $247.25 awarded to landlord; Cleaning: $415.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4842380 D…: $1,384.72 awarded to landlord; Property Damage: $292.54 awarded to landlord; Property Damage: $360.00 awarded to landlord; Rubbish Removal: $535.33 awarded to landlord

What type of tenancy dispute was case 4930656?

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

Where can I read the official tribunal order for case 4930656?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10711335-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4930656?

The tribunal order states: Saane Tovo and Sione Lomu must pay Team Group Rentals Limited $3,261.84

How much money was awarded in case 4930656?

Cleaning: $247.25 awarded to landlord; Cleaning: $415.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4842380 D…: $1,384.72 awarded to landlord; Property Damage: $292.54 awarded to landlord; Property Damage: $360.00 awarded to landlord; Rubbish Removal: $535.33 awarded to landlord

What type of tenancy dispute was case 4930656?

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

Where can I read the official tribunal order for case 4930656?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10711335-Tenancy_Tribunal_Order.pdf.

17 Maire Street, Levin, Levin 5510 Tenancy Tribunal Case 4930656 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4930656 — net $3,261.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4842380 dated 07/05/2024	$1,384.72	Previous order application 4842380 dated 07/05/2024
Carpet Cleaning	$247.25	Carpet Cleaning
Cleaning	$415.00	Cleaning
Rubbish removal	$535.33	Rubbish removal
Lock/key replacement	$292.54	Lock/key replacement
Repairs	$360.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,261.84
Total payable by Tenant to Landlord	$3,261.84

Saane Tovo and Sione Lomu must pay Team Group Rentals Limited $3,261.84 immediately, calculated as shown in the table below. DescriptionLandlord Previous order application 4842380 dated 07/05/2024$1,384.72 Carpet Cleaning$247.25 Cleaning$415.00 Rubbish removal$535.33 Lock/key replacement$292.54 Repairs$360.00 Filing fee reimbursement$27.00 Total award$3,261.84 Total payable by Tenant to Landlord$3,261.84

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

The landlord has applied for compensation and reimbursement of the filing fee following 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 landlord provided evidence which the Tribunal accepts that the tenant had kept a dog at the property and that for this reason the carpets required cleaning.

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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. There were three holes in walls. b. A door frame had been damaged through a forced entry.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

From the nature and extent of the damage, the Tribunal accepts that the damage was intentional.

The amounts ordered are proved.

Because Team Group Rentals Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4930656 — net $3,261.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4842380 dated 07/05/2024	$1,384.72	Previous order application 4842380 dated 07/05/2024
Carpet Cleaning	$247.25	Carpet Cleaning
Cleaning	$415.00	Cleaning
Rubbish removal	$535.33	Rubbish removal
Lock/key replacement	$292.54	Lock/key replacement
Repairs	$360.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,261.84
Total payable by Tenant to Landlord	$3,261.84

Order

Saane Tovo and Sione Lomu must pay Team Group Rentals Limited $3,261.84 immediately, calculated as shown in the table below. DescriptionLandlord Previous order application 4842380 dated 07/05/2024$1,384.72 Carpet Cleaning$247.25 Cleaning$415.00 Rubbish removal$535.33 Lock/key replacement$292.54 Repairs$360.00 Filing fee reimbursement$27.00 Total award$3,261.84 Total payable by Tenant to Landlord$3,261.84

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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 landlord provided evidence which the Tribunal accepts that the tenant had kept a dog at the property and that for this reason the carpets required cleaning.
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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. There were three holes in walls. b. A door frame had been damaged through a forced entry.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
From the nature and extent of the damage, the Tribunal accepts that the damage was intentional.
The amounts ordered are proved.
Because Team Group Rentals Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4930656 — Cleanliness at 17 Maire Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4930656 — Cleanliness at 17 Maire Street, Levin, Levin 5510

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