What was the outcome of Tenancy Tribunal case 5009911?

The tribunal order states: Sharnaye Ann Sandbrook must pay Shelley Naylor Realty Limited - As Agent

How much money was awarded in case 5009911?

Cleaning: $374.98 awarded to landlord; Rubbish Removal: $520.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $130.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Graffitti Removal: $294.42 awarded to landlord; Holes In Walls: $1,100.00 awarded to landlord; Latches And Gate: $159.95 awarded to landlord; Laundry Floor: $550.00 awarded to landlord; Kitchen Vinyl: $550.00 awarded to landlord; Replace furnishings: curtains and bl…: $500.00 awarded to landlord

What type of tenancy dispute was case 5009911?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5009911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11199653-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5009911?

The tribunal order states: Sharnaye Ann Sandbrook must pay Shelley Naylor Realty Limited - As Agent

How much money was awarded in case 5009911?

Cleaning: $374.98 awarded to landlord; Rubbish Removal: $520.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $130.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Graffitti Removal: $294.42 awarded to landlord; Holes In Walls: $1,100.00 awarded to landlord; Latches And Gate: $159.95 awarded to landlord; Laundry Floor: $550.00 awarded to landlord; Kitchen Vinyl: $550.00 awarded to landlord; Replace furnishings: curtains and bl…: $500.00 awarded to landlord

What type of tenancy dispute was case 5009911?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5009911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11199653-Tenancy_Tribunal_Order.pdf.

24 Drake Street, Awapuni, Palmerston North 4412 Tenancy Tribunal Case 5009911 — Property damage

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24 Drake Street, Awapuni, Palmerston North 4412 Tenancy Tribunal Case 5009911 — 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 5009911 — net $4,756.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$374.98	Carpet Cleaning
Cleaning: and rubbish removal	$520.00	Cleaning: and rubbish removal
Repairs: graffitti removal	$294.42	Repairs: graffitti removal
Repairs: holes in walls	$1,100.00	Repairs: holes in walls
Repairs: bathtub replacement	$550.00	Repairs: bathtub replacement
Repairs: laundry vinyl	$550.00	Repairs: laundry vinyl
Repairs: laundry floor	$550.00	Repairs: laundry floor
Repairs: latches and gate	$159.95	Repairs: latches and gate
Replace furnishings: curtains and blinds	$500.00	Replace furnishings: curtains and blinds
Lawns and Garden work	$130.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,756.35
Total payable by Tenant to Landlord	$4,756.35

Claims and awards for application 5009911 — net $4,756.35 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $374.98
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning: and rubbish removal

Amount: $520.00
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Repairs: graffitti removal

Amount: $294.42
Awarded to: Landlord
Reason: Repairs: graffitti removal

Repairs: holes in walls

Amount: $1,100.00
Awarded to: Landlord
Reason: Repairs: holes in walls

Repairs: bathtub replacement

Amount: $550.00
Awarded to: Landlord
Reason: Repairs: bathtub replacement

Claim types — money lines allowed on this order

Carpet Cleaning Rubbish Removal Filing Fee Lawns And Garden Work Property damage

Order

Sharnaye Ann Sandbrook must pay Shelley Naylor Realty Limited - As Agent For Sonja & Trent Klos & Morrell $4,756.35 immediately, calculated as shown in the table below. DescriptionLandlord Carpet Cleaning$374.98 Cleaning: and rubbish removal$520.00 Repairs: graffitti removal$294.42 Repairs: holes in walls$1,100.00 Repairs: bathtub replacement$550.00 Repairs: laundry vinyl$550.00 Repairs: laundry floor$550.00 Repairs: latches and gate$159.95 Replace furnishings: curtains and blinds$500.00 Lawns and Garden work$130.00 Filing fee reimbursement$27.00 Total award$4,756.35 Total payable by Tenant to Landlord$4,756.35

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent compensation and reimbursement of the filing fee following 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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord provided photographic and verbal evidence that: a. There was rubbish to be removed from the property. b. The lawns and gardens required tidying and mowing and there was green waste that had to be removed. c. The carpets were stained and smelled of urine.
The landlord had to replace light bulbs.
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 was extensive, spray-painted graffiti on the deck, fences, shed and driveway. This was intentional damage. b. There was extensive damage to the walls in the lounge and dining area. Some of the holes had been inexpertly repaired and required remediation. From the nature and extent of the damage, it was intentional. c. The bath had been damaged by a heavy object falling into it. This was careless damage. d. The landlord gave evidence that the insurance assessor determined that the tenant in moving the laundry tub she had damaged a water pipe. This leaked and damaged the vinyl and the flooring to such an extent that they required replacement. This damage was careless. e. Curtains and blinds were damaged by paint or were torn. This was careless damage. f. A window safety latch was damaged and required replacement. This was careless damage. g. The gate was bent and the latch damaged. This was careless damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered for careless damage are each below the limits of the tenant’s liability and 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.
Because Shelley Naylor Realty Limited - As Agent For Sonja & Trent Klos & Morrell 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 5009911 — net $4,756.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$374.98	Carpet Cleaning
Cleaning: and rubbish removal	$520.00	Cleaning: and rubbish removal
Repairs: graffitti removal	$294.42	Repairs: graffitti removal
Repairs: holes in walls	$1,100.00	Repairs: holes in walls
Repairs: bathtub replacement	$550.00	Repairs: bathtub replacement
Repairs: laundry vinyl	$550.00	Repairs: laundry vinyl
Repairs: laundry floor	$550.00	Repairs: laundry floor
Repairs: latches and gate	$159.95	Repairs: latches and gate
Replace furnishings: curtains and blinds	$500.00	Replace furnishings: curtains and blinds
Lawns and Garden work	$130.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,756.35
Total payable by Tenant to Landlord	$4,756.35

Claims and awards for application 5009911 — net $4,756.35 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $374.98
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning: and rubbish removal

Amount: $520.00
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Repairs: graffitti removal

Amount: $294.42
Awarded to: Landlord
Reason: Repairs: graffitti removal

Repairs: holes in walls

Amount: $1,100.00
Awarded to: Landlord
Reason: Repairs: holes in walls

Repairs: bathtub replacement

Amount: $550.00
Awarded to: Landlord
Reason: Repairs: bathtub replacement

Claim types — money lines allowed on this order

Carpet Cleaning Rubbish Removal Filing Fee Lawns And Garden Work Property damage

Order

Sharnaye Ann Sandbrook must pay Shelley Naylor Realty Limited - As Agent For Sonja & Trent Klos & Morrell $4,756.35 immediately, calculated as shown in the table below. DescriptionLandlord Carpet Cleaning$374.98 Cleaning: and rubbish removal$520.00 Repairs: graffitti removal$294.42 Repairs: holes in walls$1,100.00 Repairs: bathtub replacement$550.00 Repairs: laundry vinyl$550.00 Repairs: laundry floor$550.00 Repairs: latches and gate$159.95 Replace furnishings: curtains and blinds$500.00 Lawns and Garden work$130.00 Filing fee reimbursement$27.00 Total award$4,756.35 Total payable by Tenant to Landlord$4,756.35

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent compensation and reimbursement of the filing fee following 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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord provided photographic and verbal evidence that: a. There was rubbish to be removed from the property. b. The lawns and gardens required tidying and mowing and there was green waste that had to be removed. c. The carpets were stained and smelled of urine.
The landlord had to replace light bulbs.
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 was extensive, spray-painted graffiti on the deck, fences, shed and driveway. This was intentional damage. b. There was extensive damage to the walls in the lounge and dining area. Some of the holes had been inexpertly repaired and required remediation. From the nature and extent of the damage, it was intentional. c. The bath had been damaged by a heavy object falling into it. This was careless damage. d. The landlord gave evidence that the insurance assessor determined that the tenant in moving the laundry tub she had damaged a water pipe. This leaked and damaged the vinyl and the flooring to such an extent that they required replacement. This damage was careless. e. Curtains and blinds were damaged by paint or were torn. This was careless damage. f. A window safety latch was damaged and required replacement. This was careless damage. g. The gate was bent and the latch damaged. This was careless damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered for careless damage are each below the limits of the tenant’s liability and 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.
Because Shelley Naylor Realty Limited - As Agent For Sonja & Trent Klos & Morrell has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5009911 — Property damage at 24 Drake Street, Awapuni, Palmerston North 4412

At a glance

Tenancy Tribunal case 5009911 — Property damage at 24 Drake Street, Awapuni, Palmerston North 4412

At a glance

Award balance

Claims & awards

Order

Reasons

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

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