What was the outcome of Tenancy Tribunal case 5031809?

The tribunal order states: Tamara Irving must pay Bartley Real Estate Limited As Agent For Golap Hang

How much money was awarded in case 5031809?

Cleaning: $240.00 awarded to landlord; Cleaning: $343.39 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $97.75 awarded to landlord; Smoke Alarms: $69.13 awarded to landlord; Property Damage: $321.00 awarded to landlord; Property Damage: $1,234.42 awarded to landlord; Property Damage: $865.12 awarded to landlord; Rent Arrears: $650.00 awarded to landlord; Replace Furnishings: Shower Curtain: $14.91 awarded to landlord; Rubbish Removal: $2,433.31 awarded to landlord

What type of tenancy dispute was case 5031809?

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

Where can I read the official tribunal order for case 5031809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11437363-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5031809?

The tribunal order states: Tamara Irving must pay Bartley Real Estate Limited As Agent For Golap Hang

How much money was awarded in case 5031809?

Cleaning: $240.00 awarded to landlord; Cleaning: $343.39 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $97.75 awarded to landlord; Smoke Alarms: $69.13 awarded to landlord; Property Damage: $321.00 awarded to landlord; Property Damage: $1,234.42 awarded to landlord; Property Damage: $865.12 awarded to landlord; Rent Arrears: $650.00 awarded to landlord; Replace Furnishings: Shower Curtain: $14.91 awarded to landlord; Rubbish Removal: $2,433.31 awarded to landlord

What type of tenancy dispute was case 5031809?

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

Where can I read the official tribunal order for case 5031809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11437363-Tribunal_Order.pdf.

24 Purnell Street, College Estate, Whanganui 4500 Tenancy Tribunal Case 5031809 — Property damage

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24 Purnell Street, College Estate, Whanganui 4500 Tenancy Tribunal Case 5031809 — 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 5031809 — net $4,416.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$650.00	Rent arrears
Lock/key replacement	$321.00	Lock/key replacement
Rubbish removal	$2,433.31	Rubbish removal
Carpet Cleaning	$240.00	Carpet Cleaning
Cleaning	$343.39	Cleaning
Lawns and Garden work	$97.75	Lawns and Garden work
Light bulbs/batteries: smoke alarms	$69.13	Light bulbs/batteries: smoke alarms
Repairs	$1,234.42	Repairs
Window repairs	$865.12	Window repairs
Replace furnishings: shower curtain	$14.91	Replace furnishings: shower curtain
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,416.03
Total payable by Tenant to Landlord	$4,416.03

Claims and awards for application 5031809 — net $4,416.03 NZD. Verify on MoJ.

Rent arrears

Amount: $650.00
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $321.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $2,433.31
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $240.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $343.39
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Replace Smoke Alarms Property damage Rent arrears Rubbish Removal

Order

Tamara Irving must pay Bartley Real Estate Limited As Agent For Golap Hang $4,416.03 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$650.00 Lock/key replacement$321.00 Rubbish removal$2,433.31 Carpet Cleaning$240.00 Cleaning$343.39 Lawns and Garden work$97.75 Light bulbs/batteries: smoke alarms$69.13 Repairs$1,234.42 Window repairs$865.12 Replace furnishings: shower curtain$14.91 Filing fee reimbursement$27.00 Total award$6,296.03 Bond$1,880.00 Total payable by Tenant to Landlord$4,416.03

Reasons

The landlord attended 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 18 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 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appeared as if the tenant had taken what she wanted from the property and left without making any attempt to clean.
The landlord advised that the tenant had kept a dog and the carpets were smelly. The landlord gave evidence that there was also staining to the carpet during the tenancy.
The tenant did not return the keys.
The following shower curtain was missing at the end of the tenancy. The landlord had to replace light bulbs and smoke alarm.
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. A towel rail was broken. b. A kitchen power point was smashed. c. There were twelve holes in various walls throughout the property.
The damage from its extent and nature 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.
Because Bartley Real Estate Limited As Agent For Golap Hang 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 5031809 — net $4,416.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$650.00	Rent arrears
Lock/key replacement	$321.00	Lock/key replacement
Rubbish removal	$2,433.31	Rubbish removal
Carpet Cleaning	$240.00	Carpet Cleaning
Cleaning	$343.39	Cleaning
Lawns and Garden work	$97.75	Lawns and Garden work
Light bulbs/batteries: smoke alarms	$69.13	Light bulbs/batteries: smoke alarms
Repairs	$1,234.42	Repairs
Window repairs	$865.12	Window repairs
Replace furnishings: shower curtain	$14.91	Replace furnishings: shower curtain
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,416.03
Total payable by Tenant to Landlord	$4,416.03

Claims and awards for application 5031809 — net $4,416.03 NZD. Verify on MoJ.

Rent arrears

Amount: $650.00
Awarded to: Landlord
Reason: Rent arrears

Lock/key replacement

Amount: $321.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $2,433.31
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $240.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $343.39
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Replace Smoke Alarms Property damage Rent arrears Rubbish Removal

Order

Tamara Irving must pay Bartley Real Estate Limited As Agent For Golap Hang $4,416.03 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$650.00 Lock/key replacement$321.00 Rubbish removal$2,433.31 Carpet Cleaning$240.00 Cleaning$343.39 Lawns and Garden work$97.75 Light bulbs/batteries: smoke alarms$69.13 Repairs$1,234.42 Window repairs$865.12 Replace furnishings: shower curtain$14.91 Filing fee reimbursement$27.00 Total award$6,296.03 Bond$1,880.00 Total payable by Tenant to Landlord$4,416.03

Reasons

The landlord attended 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 18 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 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appeared as if the tenant had taken what she wanted from the property and left without making any attempt to clean.
The landlord advised that the tenant had kept a dog and the carpets were smelly. The landlord gave evidence that there was also staining to the carpet during the tenancy.
The tenant did not return the keys.
The following shower curtain was missing at the end of the tenancy. The landlord had to replace light bulbs and smoke alarm.
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. A towel rail was broken. b. A kitchen power point was smashed. c. There were twelve holes in various walls throughout the property.
The damage from its extent and nature 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.
Because Bartley Real Estate Limited As Agent For Golap Hang has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5031809 — Property damage at 24 Purnell Street, College Estate, Whanganui 4500

At a glance

Tenancy Tribunal case 5031809 — Property damage at 24 Purnell Street, College Estate, Whanganui 4500

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