What was the outcome of Tenancy Tribunal case 5034408?

The tribunal order states: David Craig Leader and Rebecca Sue Baker must pay Seed Property

How much money was awarded in case 5034408?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $450.00 awarded to landlord; Property Damage: $540.50 awarded to landlord; Property Damage: $21.96 awarded to landlord; Rubbish Removal: $770.50 awarded to landlord; Rubbish Removal: $57.50 awarded to landlord; Skip Bin Hire: $390.00 awarded to landlord

What type of tenancy dispute was case 5034408?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5034408?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11793755-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5034408?

The tribunal order states: David Craig Leader and Rebecca Sue Baker must pay Seed Property

How much money was awarded in case 5034408?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $450.00 awarded to landlord; Property Damage: $540.50 awarded to landlord; Property Damage: $21.96 awarded to landlord; Rubbish Removal: $770.50 awarded to landlord; Rubbish Removal: $57.50 awarded to landlord; Skip Bin Hire: $390.00 awarded to landlord

What type of tenancy dispute was case 5034408?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5034408?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11793755-Tribunal_Order.pdf.

18 Leeds Street, Silverdale, Hamilton 3216 Tenancy Tribunal Case 5034408 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5034408 — net $2,257.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and rubbish removal	$770.50	Cleaning and rubbish removal
Rubbish removal (additional	$57.50	Rubbish removal (additional
Lawns and Garden work	$450.00	Lawns and Garden work
Repair to walls	$540.50	Repair to walls
Skip bin hire	$390.00	Skip bin hire
Key replacement	$21.96	Key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,257.46
Total payable by Tenant to Landlord	$2,257.46

The landlord attended the hearing. The tenants did not attend and did not reply when telephoned on the numbers ending in 917 and 483.

There has already been a previous hearing where the Tribunal made an order for rent arrears and refund of the bond. The hearing was adjourned part-heard to enable the landlord to update the claim to include compensation 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, 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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Photographs have been provided together with invoices of $770.50 for cleaning and rubbish removal (labour), $390.00 for skip bin hire, $57.50 for additional rubbish removal and $450.00 for exterior garden and lawns work.

I am satisfied from the photographs that the tenant did not leave the premises clean and tidy and did not remove all rubbish.

The tenant also did not return all the keys and further keys were required to be recut at a cost of $21.96.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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 landlord claims for careless damage to the walls throughout the property, including scratches to the walls, and holes in places. Photographs have been provided of the damage. The walls have been repaired and the landlord has provided an invoice for the works of $540.50.

The following damage was caused during the tenancy: damage to walls. 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 Seed Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 05 May 2025

Claims and awards in Tenancy Tribunal application 5034408 — net $2,257.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and rubbish removal	$770.50	Cleaning and rubbish removal
Rubbish removal (additional	$57.50	Rubbish removal (additional
Lawns and Garden work	$450.00	Lawns and Garden work
Repair to walls	$540.50	Repair to walls
Skip bin hire	$390.00	Skip bin hire
Key replacement	$21.96	Key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,257.46
Total payable by Tenant to Landlord	$2,257.46

Order

David Craig Leader and Rebecca Sue Baker must pay Seed Property Management Limited $2,257.46 immediately, as calculated in the table below:

Reasons

The landlord attended the hearing. The tenants did not attend and did not reply when telephoned on the numbers ending in 917 and 483.
There has already been a previous hearing where the Tribunal made an order for rent arrears and refund of the bond. The hearing was adjourned part-heard to enable the landlord to update the claim to include compensation 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, 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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Photographs have been provided together with invoices of $770.50 for cleaning and rubbish removal (labour), $390.00 for skip bin hire, $57.50 for additional rubbish removal and $450.00 for exterior garden and lawns work.
I am satisfied from the photographs that the tenant did not leave the premises clean and tidy and did not remove all rubbish.
The tenant also did not return all the keys and further keys were required to be recut at a cost of $21.96.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 landlord claims for careless damage to the walls throughout the property, including scratches to the walls, and holes in places. Photographs have been provided of the damage. The walls have been repaired and the landlord has provided an invoice for the works of $540.50.
The following damage was caused during the tenancy: damage to walls. 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 Seed Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 05 May 2025

Tenancy Tribunal case 5034408 — Property damage at 18 Leeds Street, Silverdale, Hamilton 3216

At a glance

Tenancy Tribunal case 5034408 — Property damage at 18 Leeds Street, Silverdale, Hamilton 3216

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