What was the outcome of Tenancy Tribunal case 4968894?

The tribunal order states: Hayley Ihaia must pay Inspire Property Management Ltd as Agent for Anyos

How much money was awarded in case 4968894?

Cleaning: $322.23 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $208.00 awarded to landlord; Property Damage: $981.00 awarded to landlord; Rent Arrears: $500.00 awarded to landlord; Rubbish Removal: $181.00 awarded to landlord

What type of tenancy dispute was case 4968894?

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

Where can I read the official tribunal order for case 4968894?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10734492-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4968894?

The tribunal order states: Hayley Ihaia must pay Inspire Property Management Ltd as Agent for Anyos

How much money was awarded in case 4968894?

Cleaning: $322.23 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $208.00 awarded to landlord; Property Damage: $981.00 awarded to landlord; Rent Arrears: $500.00 awarded to landlord; Rubbish Removal: $181.00 awarded to landlord

What type of tenancy dispute was case 4968894?

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

Where can I read the official tribunal order for case 4968894?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10734492-Tenancy_Tribunal_Order.pdf.

Unit/Flat 9, 29 Marine Parade, Bluff Hill, Napier 4110 Tenancy Tribunal Case 4968894 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4968894 — net $419.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 July 2024	$500.00	Rent arrears to 9 July 2024
Lock/key replacement	$208.00	Lock/key replacement
Cleaning	$300.00	Cleaning
Carpet Cleaning	$322.23	Carpet Cleaning
Rubbish removal	$181.00	Rubbish removal
Wall repairs	$981.00	Wall repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$419.23
Total payable by Tenant to Landlord	$419.23

The landlord attended the hearing.

The tenant did not attend and attempts made to contact her by phone were unsuccessful.

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?

The tenancy ended on 9 July 2024 after the tenant give notice that the tenancy would end on 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.

Exit inspection photographs show that the premises were not left reasonably clean and tidy. The compensation awarded is less than the amount of the cleaning invoice paid by the landlord, to recognise that the tenant’s obligation is to leave the premises reasonably clean and tidy not “market ready”. The entry inspection report also notes what appear to be historical issues with mould, which is what the cleaners seem to have spent some of their time dealing with.

Rubbish was left at the premises which the landlord paid to have removed.

The tenant did not return the keys.

The amounts claimed for those costs are proved by invoices provided and are approved.

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.

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.

The exit inspection photographs show a very large hole in the wall of one bedroom and 2 smaller holes in the wall of another bedroom.

I find it proved that the damage occurred during the tenancy and is more than fair wear and tear. The photographic evidence suggests that the damage was more likely than not to have been intentionally caused.

The landlord has not made an insurance claim, but the limit on the tenant’s liability does not apply to intentional damage.

The agreement records that the applicable policy has an excess of $250.00 per claim so if a claim were made it is likely that 3 excess payments of that amount would be required.

The amount claimed is proved by the repair invoice paid by the landlord.

Because Inspire Property Management Ltd as Agent for Anyos Gonczy has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4968894 — net $419.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 July 2024	$500.00	Rent arrears to 9 July 2024
Lock/key replacement	$208.00	Lock/key replacement
Cleaning	$300.00	Cleaning
Carpet Cleaning	$322.23	Carpet Cleaning
Rubbish removal	$181.00	Rubbish removal
Wall repairs	$981.00	Wall repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$419.23
Total payable by Tenant to Landlord	$419.23

Order

Hayley Ihaia must pay Inspire Property Management Ltd as Agent for Anyos Gonczy $419.23 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,100.00 (3096398-012) to Inspire Property Management Ltd as Agent for Anyos Gonczy immediately.

Reasons

The landlord attended the hearing.
The tenant did not attend and attempts made to contact her by phone were unsuccessful.
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?

The tenancy ended on 9 July 2024 after the tenant give notice that the tenancy would end on 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.
Exit inspection photographs show that the premises were not left reasonably clean and tidy. The compensation awarded is less than the amount of the cleaning invoice paid by the landlord, to recognise that the tenant’s obligation is to leave the premises reasonably clean and tidy not “market ready”. The entry inspection report also notes what appear to be historical issues with mould, which is what the cleaners seem to have spent some of their time dealing with.
Rubbish was left at the premises which the landlord paid to have removed.
The tenant did not return the keys.
The amounts claimed for those costs are proved by invoices provided and are approved.

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.
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.
The exit inspection photographs show a very large hole in the wall of one bedroom and 2 smaller holes in the wall of another bedroom.
I find it proved that the damage occurred during the tenancy and is more than fair wear and tear. The photographic evidence suggests that the damage was more likely than not to have been intentionally caused.
The landlord has not made an insurance claim, but the limit on the tenant’s liability does not apply to intentional damage.
The agreement records that the applicable policy has an excess of $250.00 per claim so if a claim were made it is likely that 3 excess payments of that amount would be required.
The amount claimed is proved by the repair invoice paid by the landlord.
Because Inspire Property Management Ltd as Agent for Anyos Gonczy has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4968894 — Property damage at Unit/Flat 9, 29 Marine Parade, Bluff Hill, Napier 4110

At a glance

Tenancy Tribunal case 4968894 — Property damage at Unit/Flat 9, 29 Marine Parade, Bluff Hill, Napier 4110

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