What was the outcome of Tenancy Tribunal case 4997009?

The tribunal order states: Phoenix Keriwera Edwards must pay Home Let Property Management Limited

How much money was awarded in case 4997009?

Cleaning: $475.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $130.00 awarded to landlord; Property Damage: $828.00 awarded to landlord; Property Damage: $1,235.25 awarded to landlord; Rent Arrears: $192.86 awarded to landlord; Smoke Alarms: $40.00 awarded to landlord

What type of tenancy dispute was case 4997009?

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

Where can I read the official tribunal order for case 4997009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11116375-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4997009?

The tribunal order states: Phoenix Keriwera Edwards must pay Home Let Property Management Limited

How much money was awarded in case 4997009?

Cleaning: $475.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $130.00 awarded to landlord; Property Damage: $828.00 awarded to landlord; Property Damage: $1,235.25 awarded to landlord; Rent Arrears: $192.86 awarded to landlord; Smoke Alarms: $40.00 awarded to landlord

What type of tenancy dispute was case 4997009?

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

Where can I read the official tribunal order for case 4997009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11116375-Tenancy_Tribunal_Order.pdf.

25A Montgomery Crescent, Bader, Hamilton 3206 Tenancy Tribunal Case 4997009 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

25A Montgomery Crescent, Bader, Hamilton 3206 Tenancy Tribunal Case 4997009 — 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 4997009 — net $2,928.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/8/2024	$192.86	Rent arrears to 16/8/2024
Cleaning: including carpets and oven	$475.00	Cleaning: including carpets and oven
Replace smoke alarm	$40.00	Replace smoke alarm
Lock/key replacement	$130.00	Lock/key replacement
Repairs and painting of walls	$828.00	Repairs and painting of walls
Replace cracked vanity, towel rail, toilet seat and plugs and repair garage window	$1,235.25	Replace cracked vanity, towel rail, toilet seat and plugs and repair garage window
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,928.11
Total payable by Tenant to Landlord	$2,928.11

Claims and awards for application 4997009 — net $2,928.11 NZD. Verify on MoJ.

Rent arrears to 16/8/2024

Amount: $192.86
Awarded to: Landlord
Reason: Rent arrears to 16/8/2024

Cleaning: including carpets and oven

Amount: $475.00
Awarded to: Landlord
Reason: Cleaning: including carpets and oven

Replace smoke alarm

Amount: $40.00
Awarded to: Landlord
Reason: Replace smoke alarm

Lock/key replacement

Amount: $130.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs and painting of walls

Amount: $828.00
Awarded to: Landlord
Reason: Repairs and painting of walls

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Replace Smoke Alarms

Order

Phoenix Keriwera Edwards must pay Home Let Property Management Limited As Agent For Sunil & Navreet Bange $2,928.11 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. The tenant did not attend in person, did not join the video link, and could not be contacted by telephone.
Having established that Ms Edwards was properly served with notice of the hearing the hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16/8/2024 as Ms Edward’s gave notice, and that is the final day of her tenancy. 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return two of the keys she was provided with at the beginning of the tenancy.
Plugs for the sink were missing at the end of the tenancy. The landlord had to replace a smoke alarm that was removed.
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: there were 5 large holes in the walls that required additional repair and painting and the bathroom ceiling required repainting. The bathroom vanity was broken and glass in the garage needed to be repaired. 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 when assessing fair compensation for the painting and the replacement of the vanity. 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.
Because Home Let Property Management Limited As Agent For Sunil & Navreet Bange 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 4997009 — net $2,928.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16/8/2024	$192.86	Rent arrears to 16/8/2024
Cleaning: including carpets and oven	$475.00	Cleaning: including carpets and oven
Replace smoke alarm	$40.00	Replace smoke alarm
Lock/key replacement	$130.00	Lock/key replacement
Repairs and painting of walls	$828.00	Repairs and painting of walls
Replace cracked vanity, towel rail, toilet seat and plugs and repair garage window	$1,235.25	Replace cracked vanity, towel rail, toilet seat and plugs and repair garage window
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,928.11
Total payable by Tenant to Landlord	$2,928.11

Claims and awards for application 4997009 — net $2,928.11 NZD. Verify on MoJ.

Rent arrears to 16/8/2024

Amount: $192.86
Awarded to: Landlord
Reason: Rent arrears to 16/8/2024

Cleaning: including carpets and oven

Amount: $475.00
Awarded to: Landlord
Reason: Cleaning: including carpets and oven

Replace smoke alarm

Amount: $40.00
Awarded to: Landlord
Reason: Replace smoke alarm

Lock/key replacement

Amount: $130.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs and painting of walls

Amount: $828.00
Awarded to: Landlord
Reason: Repairs and painting of walls

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Replace Smoke Alarms

Order

Phoenix Keriwera Edwards must pay Home Let Property Management Limited As Agent For Sunil & Navreet Bange $2,928.11 immediately, calculated as shown in table below.

Reasons

Only the applicant landlord attended the hearing. The tenant did not attend in person, did not join the video link, and could not be contacted by telephone.
Having established that Ms Edwards was properly served with notice of the hearing the hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 16/8/2024 as Ms Edward’s gave notice, and that is the final day of her tenancy. 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return two of the keys she was provided with at the beginning of the tenancy.
Plugs for the sink were missing at the end of the tenancy. The landlord had to replace a smoke alarm that was removed.
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: there were 5 large holes in the walls that required additional repair and painting and the bathroom ceiling required repainting. The bathroom vanity was broken and glass in the garage needed to be repaired. 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 when assessing fair compensation for the painting and the replacement of the vanity. 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.
Because Home Let Property Management Limited As Agent For Sunil & Navreet Bange has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4997009 — Property damage at 25A Montgomery Crescent, Bader, Hamilton 3206

At a glance

Tenancy Tribunal case 4997009 — Property damage at 25A Montgomery Crescent, Bader, Hamilton 3206

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