How much money was awarded in case 5006689?

Cleaning: $260.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $105.00 awarded to landlord; Rent Arrears: $690.00 awarded to landlord; Doors: $2,000.00 awarded to landlord; Garage Wall: $280.00 awarded to landlord; Holes In Walls: $5,175.00 awarded to landlord; Replace Furnishings: Curtains: $249.00 awarded to landlord

What type of tenancy dispute was case 5006689?

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

Where can I read the official tribunal order for case 5006689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11034247-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5006689?

Cleaning: $260.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $105.00 awarded to landlord; Rent Arrears: $690.00 awarded to landlord; Doors: $2,000.00 awarded to landlord; Garage Wall: $280.00 awarded to landlord; Holes In Walls: $5,175.00 awarded to landlord; Replace Furnishings: Curtains: $249.00 awarded to landlord

What type of tenancy dispute was case 5006689?

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

Where can I read the official tribunal order for case 5006689?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11034247-Tribunal_Order_Redacted.pdf.

86 Hinau Street, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 5006689 — Property damage

Q: What was Tenancy Tribunal case 5006689 about?

The tribunal order states: This Order for application 5006689 incorporates application 5040749 which has

Order

Claims and awards in Tenancy Tribunal application 5006689 — net $6,586.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$690.00	Rent arrears
Cleaning	$260.00	Cleaning
Lock/key replacement	$105.00	Lock/key replacement
Replace furnishings: curtains	$249.00	Replace furnishings: curtains
Repairs: garage wall	$280.00	Repairs: garage wall
Repairs: holes in walls	$5,175.00	Repairs: holes in walls
Repairs: doors	$2,000.00	Repairs: doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,586.00
Total payable by Tenant to Landlord	$6,586.00

This Order for application 5006689 incorporates application 5040749 which has been combined in this one Order.

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.

Richard Faavesi and Grace F Letele must pay [The landlord/s] $6,586.00 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$690.00 Cleaning$260.00 Lock/key replacement$105.00 Replace furnishings: curtains$249.00 Repairs: garage wall$280.00 Repairs: holes in walls$5,175.00 Repairs: doors$2,000.00 Filing fee reimbursement$27.00 Total award$8,786.00 Bond$2,200.00 Total payable by Tenant to Landlord$6,586.00

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?

The tenancy ended on 27 September 2024. 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 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. The tenant had attempted to clean the property but not all areas were left in a reasonably clean and tidy state. Some further work was required and it is appropriate to award the landlord the modest sum it is seeking.

The landlord claimed for the steam cleaning of the ceilings. The photographic evidence has not convinced the Tribunal that the ceilings were extensively marked or so dirty that the marks were not a result of fair wear and tear in a tenancy that lasted nearly three years.

The tenant did not return the keys.

The landlord provided photographic evidence that the curtains in two bedrooms were missing.

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. There were multiple holes in many of the walls throughout the property. b. Four bedroom doors and the back door were extensively damaged and required repair.

The tenant had plastered over many of the holes but this was not done in a professional manner. The damaged walls also required repainting. Because of the number, nature and extent of the wall damage which would have required considerable force on numerous occasions, this damage was intentional.

The damage to the bedroom doors appeared to have been caused by force such as kicking. The doors and frames were split by the force used. The landlord provided the written opinion of its tradesperson that the damage to the doors and frames was “not consistent with normal use or age but has been caused by violent or forceful actions.” On this basis the Tribunal concludes that the damage was intentional.

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 considered betterment and depreciation. 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. The landlord has not claimed the full amount of the costs of repair and the Tribunal is satisfied on the evidence before it that the amounts claimed are fair and reasonable.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5006689 — net $6,586.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$690.00	Rent arrears
Cleaning	$260.00	Cleaning
Lock/key replacement	$105.00	Lock/key replacement
Replace furnishings: curtains	$249.00	Replace furnishings: curtains
Repairs: garage wall	$280.00	Repairs: garage wall
Repairs: holes in walls	$5,175.00	Repairs: holes in walls
Repairs: doors	$2,000.00	Repairs: doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,586.00
Total payable by Tenant to Landlord	$6,586.00

Order

This Order for application 5006689 incorporates application 5040749 which has been combined in this one Order.
An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Richard Faavesi and Grace F Letele must pay [The landlord/s] $6,586.00 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$690.00 Cleaning$260.00 Lock/key replacement$105.00 Replace furnishings: curtains$249.00 Repairs: garage wall$280.00 Repairs: holes in walls$5,175.00 Repairs: doors$2,000.00 Filing fee reimbursement$27.00 Total award$8,786.00 Bond$2,200.00 Total payable by Tenant to Landlord$6,586.00

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?

The tenancy ended on 27 September 2024. 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 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. The tenant had attempted to clean the property but not all areas were left in a reasonably clean and tidy state. Some further work was required and it is appropriate to award the landlord the modest sum it is seeking.
The landlord claimed for the steam cleaning of the ceilings. The photographic evidence has not convinced the Tribunal that the ceilings were extensively marked or so dirty that the marks were not a result of fair wear and tear in a tenancy that lasted nearly three years.
The tenant did not return the keys.
The landlord provided photographic evidence that the curtains in two bedrooms were missing.
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. There were multiple holes in many of the walls throughout the property. b. Four bedroom doors and the back door were extensively damaged and required repair.
The tenant had plastered over many of the holes but this was not done in a professional manner. The damaged walls also required repainting. Because of the number, nature and extent of the wall damage which would have required considerable force on numerous occasions, this damage was intentional.
The damage to the bedroom doors appeared to have been caused by force such as kicking. The doors and frames were split by the force used. The landlord provided the written opinion of its tradesperson that the damage to the doors and frames was “not consistent with normal use or age but has been caused by violent or forceful actions.” On this basis the Tribunal concludes that the damage was intentional.
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 considered betterment and depreciation. 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. The landlord has not claimed the full amount of the costs of repair and the Tribunal is satisfied on the evidence before it that the amounts claimed are fair and reasonable.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5006689 — Property damage at 86 Hinau Street, Castlecliff, Whanganui 4501

At a glance

Tenancy Tribunal case 5006689 — Property damage at 86 Hinau Street, Castlecliff, Whanganui 4501

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