What was Tenancy Tribunal case 4967678 about?

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

How much money was awarded in case 4967678?

Cleaning: $665.00 awarded to landlord; Cleaning: $1,120.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $180.00 awarded to landlord; Property Damage: $431.00 awarded to landlord; Rent Arrears: $3,622.00 awarded to landlord; repaint bedroom wall and wardrobe do…: $610.00 awarded to landlord; Replace Wardrobe Door: $304.00 awarded to landlord; Rubbish Removal: $1,671.00 awarded to landlord; Smoke Alarms: $78.86 awarded to landlord; Waterblasting: $380.00 awarded to landlord

What type of tenancy dispute was case 4967678?

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

Where can I read the official tribunal order for case 4967678?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11049575-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4967678 about?

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

How much money was awarded in case 4967678?

Cleaning: $665.00 awarded to landlord; Cleaning: $1,120.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $180.00 awarded to landlord; Property Damage: $431.00 awarded to landlord; Rent Arrears: $3,622.00 awarded to landlord; repaint bedroom wall and wardrobe do…: $610.00 awarded to landlord; Replace Wardrobe Door: $304.00 awarded to landlord; Rubbish Removal: $1,671.00 awarded to landlord; Smoke Alarms: $78.86 awarded to landlord; Waterblasting: $380.00 awarded to landlord

What type of tenancy dispute was case 4967678?

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

Where can I read the official tribunal order for case 4967678?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11049575-Tribunal_Order_Redacted.pdf.

22 Larsen Court, Roslyn, Palmerston North 4414 Tenancy Tribunal Case 4967678 — Rent arrears

Tenantcheck Insights

22 Larsen Court, Roslyn, Palmerston North 4414 Tenancy Tribunal Case 4967678 — Rent arrears | 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 4967678 — net $6,488.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,622.00	Rent arrears
Cleaning	$1,120.00	Cleaning
Rubbish removal	$1,671.00	Rubbish removal
Lawns and Garden work	$180.00	Lawns and Garden work
Waterblasting	$380.00	Waterblasting
Lock/key replacement	$431.00	Lock/key replacement
Repairs: replace wardrobe door	$304.00	Repairs: replace wardrobe door
Repairs: repaint bedroom wall and wardrobe door	$610.00	Repairs: repaint bedroom wall and wardrobe door
Replace smoke alarms	$78.86	Replace smoke alarms
Carpet Cleaning: and patching	$665.00	Carpet Cleaning: and patching
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,488.86
Total payable by Tenant to Landlord	$6,488.86

Claims and awards for application 4967678 — net $6,488.86 NZD. Verify on MoJ.

Rent arrears

Amount: $3,622.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $1,120.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,671.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $180.00
Awarded to: Landlord
Reason: Lawns and Garden work

Waterblasting

Amount: $380.00
Awarded to: Landlord
Reason: Waterblasting

Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Tyla Rose Cargill, Kyrin Lee Watene Potter, Cherie Adele Potter and Andrea lee Harris must pay [The landlord/s] $6,488.86 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$3,622.00 Cleaning$1,120.00 Rubbish removal$1,671.00 Lawns and Garden work$180.00 Waterblasting$380.00 Lock/key replacement$431.00 Repairs: replace wardrobe door$304.00 Repairs: repaint bedroom wall and wardrobe door$610.00 Replace smoke alarms$78.86 Carpet Cleaning: and patching$665.00 Filing fee reimbursement$27.00 Total award$9,088.86 Bond$2,600.00 Total payable by Tenant to Landlord$6,488.86

Reasons

The landlord attended the hearing.
The tenant did not attend 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?

This was a fixed term tenancy. The tenant vacated the property and the landlord provided evidence that it was able to rent the property from 12 August 2024. The tenant is liable for rent to that date.
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. It appeared that the tenant removed items they wished to keep and left behind anything they did not want, including an amount of rubbish. It appeared that no attempt had been made to clean the property.
The tenant did not return the keys.
The landlord had to replace two smoke alarms.
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. The carpets were extensively stained by coloured liquid. Because of the extent of the staining, this was intentional damage. Some areas could be cleaned but other areas required patching. b. A wardrobe door was removed and placed outside where it was damaged and required replacement. This was intentional damage. c. A large adhesive decoration was affixed to a bedroom wall. When removed it damaged the wallpaper that needed replacing and repainting. This was intentional damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must 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 4967678 — net $6,488.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,622.00	Rent arrears
Cleaning	$1,120.00	Cleaning
Rubbish removal	$1,671.00	Rubbish removal
Lawns and Garden work	$180.00	Lawns and Garden work
Waterblasting	$380.00	Waterblasting
Lock/key replacement	$431.00	Lock/key replacement
Repairs: replace wardrobe door	$304.00	Repairs: replace wardrobe door
Repairs: repaint bedroom wall and wardrobe door	$610.00	Repairs: repaint bedroom wall and wardrobe door
Replace smoke alarms	$78.86	Replace smoke alarms
Carpet Cleaning: and patching	$665.00	Carpet Cleaning: and patching
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,488.86
Total payable by Tenant to Landlord	$6,488.86

Claims and awards for application 4967678 — net $6,488.86 NZD. Verify on MoJ.

Rent arrears

Amount: $3,622.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $1,120.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,671.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $180.00
Awarded to: Landlord
Reason: Lawns and Garden work

Waterblasting

Amount: $380.00
Awarded to: Landlord
Reason: Waterblasting

Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal Replace Smoke Alarms

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Tyla Rose Cargill, Kyrin Lee Watene Potter, Cherie Adele Potter and Andrea lee Harris must pay [The landlord/s] $6,488.86 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$3,622.00 Cleaning$1,120.00 Rubbish removal$1,671.00 Lawns and Garden work$180.00 Waterblasting$380.00 Lock/key replacement$431.00 Repairs: replace wardrobe door$304.00 Repairs: repaint bedroom wall and wardrobe door$610.00 Replace smoke alarms$78.86 Carpet Cleaning: and patching$665.00 Filing fee reimbursement$27.00 Total award$9,088.86 Bond$2,600.00 Total payable by Tenant to Landlord$6,488.86

Reasons

The landlord attended the hearing.
The tenant did not attend 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?

This was a fixed term tenancy. The tenant vacated the property and the landlord provided evidence that it was able to rent the property from 12 August 2024. The tenant is liable for rent to that date.
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. It appeared that the tenant removed items they wished to keep and left behind anything they did not want, including an amount of rubbish. It appeared that no attempt had been made to clean the property.
The tenant did not return the keys.
The landlord had to replace two smoke alarms.
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. The carpets were extensively stained by coloured liquid. Because of the extent of the staining, this was intentional damage. Some areas could be cleaned but other areas required patching. b. A wardrobe door was removed and placed outside where it was damaged and required replacement. This was intentional damage. c. A large adhesive decoration was affixed to a bedroom wall. When removed it damaged the wallpaper that needed replacing and repainting. This was intentional damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4967678 — Rent arrears at 22 Larsen Court, Roslyn, Palmerston North 4414

At a glance

Tenancy Tribunal case 4967678 — Rent arrears at 22 Larsen Court, Roslyn, Palmerston North 4414

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