What was the outcome of Tenancy Tribunal case 5031868?

The tribunal order states: Odn Grae Gardner and Natalie Rose Price must pay Watson Real Estate

How much money was awarded in case 5031868?

Cleaning: $460.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Mowing: $92.00 awarded to landlord; Property Damage: $195.50 awarded to landlord; Rent Arrears: $3,285.71 awarded to landlord; Rubbish Removal: $307.00 awarded to landlord

What type of tenancy dispute was case 5031868?

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

Where can I read the official tribunal order for case 5031868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11209954-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5031868?

The tribunal order states: Odn Grae Gardner and Natalie Rose Price must pay Watson Real Estate

How much money was awarded in case 5031868?

Cleaning: $460.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Mowing: $92.00 awarded to landlord; Property Damage: $195.50 awarded to landlord; Rent Arrears: $3,285.71 awarded to landlord; Rubbish Removal: $307.00 awarded to landlord

What type of tenancy dispute was case 5031868?

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

Where can I read the official tribunal order for case 5031868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11209954-Tenancy_Tribunal_Order.pdf.

13 Thomas Place, Foxton Beach, Foxton 4815 Tenancy Tribunal Case 5031868 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

13 Thomas Place, Foxton Beach, Foxton 4815 Tenancy Tribunal Case 5031868 — Rent arrears | 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 5031868 — net $2,367.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 11 November 2024	$3,285.71	Rent arrears as at 11 November 2024
Cleaning	$460.00	Cleaning
Rubbish removal	$307.00	Rubbish removal
Mowing	$92.00	Mowing
Repairing holes in doors	$195.50	Repairing holes in doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,367.21
Total payable by Tenant to Landlord	$2,367.21

Claims and awards for application 5031868 — net $2,367.21 NZD. Verify on MoJ.

Rent arrears as at 11 November 2024

Amount: $3,285.71
Awarded to: Landlord
Reason: Rent arrears as at 11 November 2024

Cleaning

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $307.00
Awarded to: Landlord
Reason: Rubbish removal

Mowing

Amount: $92.00
Awarded to: Landlord
Reason: Mowing

Repairing holes in doors

Amount: $195.50
Awarded to: Landlord
Reason: Repairing holes in doors

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Odn Grae Gardner and Natalie Rose Price must pay Watson Real Estate Limited $2,367.21 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard remotely. I rang the number provided for the tenants and left a message advising that I would be ringing back in 5 minutes. The second time I rang the call was answered but the person answering hung up immediately. The hearing proceeded in the tenants’ absence.
The landlord has applied for rent arrears, compensation, payment 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 11 November 2024 which was the expiry date of the notice of termination of the tenancy given by the landlord. The landlord provided rent records which prove the amount owing at this date - $3,285.71.

Did the tenants 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 photographs show that the tenants did not leave the premises, both inside and outside, reasonably clean and tidy and did not remove all rubbish.
The amounts ordered to remedy these issues are proved by invoices.

Are the tenants 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.
I accept the evidence that shows that during the tenancy holes were put in two bedroom doors and in kitchen cupboard doors. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered to fix the holes is proved by an invoice.
I note that this amount is less than any excess that the landlord would pay on any insurance policy. Filing fee reimbursement
I am also ordering the tenants to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against them. C ter Haar 12 December 2024

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 5031868 — net $2,367.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 11 November 2024	$3,285.71	Rent arrears as at 11 November 2024
Cleaning	$460.00	Cleaning
Rubbish removal	$307.00	Rubbish removal
Mowing	$92.00	Mowing
Repairing holes in doors	$195.50	Repairing holes in doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,367.21
Total payable by Tenant to Landlord	$2,367.21

Claims and awards for application 5031868 — net $2,367.21 NZD. Verify on MoJ.

Rent arrears as at 11 November 2024

Amount: $3,285.71
Awarded to: Landlord
Reason: Rent arrears as at 11 November 2024

Cleaning

Amount: $460.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $307.00
Awarded to: Landlord
Reason: Rubbish removal

Mowing

Amount: $92.00
Awarded to: Landlord
Reason: Mowing

Repairing holes in doors

Amount: $195.50
Awarded to: Landlord
Reason: Repairing holes in doors

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Odn Grae Gardner and Natalie Rose Price must pay Watson Real Estate Limited $2,367.21 immediately, calculated as shown in table below.

Reasons

This application was scheduled to be heard remotely. I rang the number provided for the tenants and left a message advising that I would be ringing back in 5 minutes. The second time I rang the call was answered but the person answering hung up immediately. The hearing proceeded in the tenants’ absence.
The landlord has applied for rent arrears, compensation, payment 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 11 November 2024 which was the expiry date of the notice of termination of the tenancy given by the landlord. The landlord provided rent records which prove the amount owing at this date - $3,285.71.

Did the tenants 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 photographs show that the tenants did not leave the premises, both inside and outside, reasonably clean and tidy and did not remove all rubbish.
The amounts ordered to remedy these issues are proved by invoices.

Are the tenants 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.
I accept the evidence that shows that during the tenancy holes were put in two bedroom doors and in kitchen cupboard doors. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered to fix the holes is proved by an invoice.
I note that this amount is less than any excess that the landlord would pay on any insurance policy. Filing fee reimbursement
I am also ordering the tenants to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against them. C ter Haar 12 December 2024

Tenancy Tribunal case 5031868 — Rent arrears at 13 Thomas Place, Foxton Beach, Foxton 4815

At a glance

Tenancy Tribunal case 5031868 — Rent arrears at 13 Thomas Place, Foxton Beach, Foxton 4815

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants 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 tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions