What was Tenancy Tribunal case 4988608 about?

The tribunal order states: Javarn Romeo Mare must pay [The landlord/s] $1,054.62 immediately,

How much money was awarded in case 4988608?

Filing Fee: $27.00 awarded to landlord; Property Damage: $282.60 awarded to landlord; Rent Arrears: $1,171.43 awarded to landlord; Walls and Doors: $520.00 awarded to landlord; Toilet: $761.09 awarded to landlord; Rubbish Removal: $292.50 awarded to landlord

What type of tenancy dispute was case 4988608?

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

Where can I read the official tribunal order for case 4988608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11036174-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4988608 about?

The tribunal order states: Javarn Romeo Mare must pay [The landlord/s] $1,054.62 immediately,

How much money was awarded in case 4988608?

Filing Fee: $27.00 awarded to landlord; Property Damage: $282.60 awarded to landlord; Rent Arrears: $1,171.43 awarded to landlord; Walls and Doors: $520.00 awarded to landlord; Toilet: $761.09 awarded to landlord; Rubbish Removal: $292.50 awarded to landlord

What type of tenancy dispute was case 4988608?

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

Where can I read the official tribunal order for case 4988608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11036174-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4988608 — Property damage

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New Zealand Tenancy Tribunal Case 4988608 — Property damage | 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 4988608 — net $1,054.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,171.43	Rent arrears
Rubbish removal: and lawns	$292.50	Rubbish removal: and lawns
Lock/key replacement	$282.60	Lock/key replacement
Repairs: Holes in wall and doors	$520.00	Repairs: Holes in wall and doors
Repairs: Toilet	$761.09	Repairs: Toilet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,054.62
Total payable by Tenant to Landlord	$1,054.62

Claims and awards for application 4988608 — net $1,054.62 NZD. Verify on MoJ.

Rent arrears

Amount: $1,171.43
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal: and lawns

Amount: $292.50
Awarded to: Landlord
Reason: Rubbish removal: and lawns

Lock/key replacement

Amount: $282.60
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Holes in wall and doors

Amount: $520.00
Awarded to: Landlord
Reason: Repairs: Holes in wall and doors

Repairs: Toilet

Amount: $761.09
Awarded to: Landlord
Reason: Repairs: Toilet

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Javarn Romeo Mare must pay [The landlord/s] $1,054.62 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls could not be connected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.
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 17 July 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $1171.43.

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 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. Photos and invoices were provided in support of the landlords claim for rubbish removal and lawn mowing of $292.50.
The tenant did not return the keys. The front and back doors were rekeyed at a cost of $282.60.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 new toilet cistern was blocked to the extent that the plumber had to replace it. The invoice was for $761.09. Holes were made in the walls and to two doors. The landlord provided photos of the damage and an invoice for repairs of $520.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim I must order the landlord to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord name and details is ordered.

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 4988608 — net $1,054.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,171.43	Rent arrears
Rubbish removal: and lawns	$292.50	Rubbish removal: and lawns
Lock/key replacement	$282.60	Lock/key replacement
Repairs: Holes in wall and doors	$520.00	Repairs: Holes in wall and doors
Repairs: Toilet	$761.09	Repairs: Toilet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,054.62
Total payable by Tenant to Landlord	$1,054.62

Claims and awards for application 4988608 — net $1,054.62 NZD. Verify on MoJ.

Rent arrears

Amount: $1,171.43
Awarded to: Landlord
Reason: Rent arrears

Rubbish removal: and lawns

Amount: $292.50
Awarded to: Landlord
Reason: Rubbish removal: and lawns

Lock/key replacement

Amount: $282.60
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: Holes in wall and doors

Amount: $520.00
Awarded to: Landlord
Reason: Repairs: Holes in wall and doors

Repairs: Toilet

Amount: $761.09
Awarded to: Landlord
Reason: Repairs: Toilet

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Javarn Romeo Mare must pay [The landlord/s] $1,054.62 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls could not be connected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.
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 17 July 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $1171.43.

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 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. Photos and invoices were provided in support of the landlords claim for rubbish removal and lawn mowing of $292.50.
The tenant did not return the keys. The front and back doors were rekeyed at a cost of $282.60.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 new toilet cistern was blocked to the extent that the plumber had to replace it. The invoice was for $761.09. Holes were made in the walls and to two doors. The landlord provided photos of the damage and an invoice for repairs of $520.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim I must order the landlord to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4988608 — Property damage

At a glance

Tenancy Tribunal case 4988608 — Property damage

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