What was the outcome of Tenancy Tribunal case 5037170?

The tribunal order states: Cara Flanagan must pay Property Brokers Limited As Agent For Shamsher

How much money was awarded in case 5037170?

Cleaning: $200.00 awarded to landlord; Eviction Warrant: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $348.90 awarded to landlord; Rent Arrears: $2,171.43 awarded to landlord; Property Damage: $340.00 awarded to landlord; Holes In Wall: $1,150.00 awarded to landlord

What type of tenancy dispute was case 5037170?

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

Where can I read the official tribunal order for case 5037170?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11362055-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5037170?

The tribunal order states: Cara Flanagan must pay Property Brokers Limited As Agent For Shamsher

How much money was awarded in case 5037170?

Cleaning: $200.00 awarded to landlord; Eviction Warrant: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $348.90 awarded to landlord; Rent Arrears: $2,171.43 awarded to landlord; Property Damage: $340.00 awarded to landlord; Holes In Wall: $1,150.00 awarded to landlord

What type of tenancy dispute was case 5037170?

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

Where can I read the official tribunal order for case 5037170?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11362055-Tenancy_Tribunal_Order.pdf.

2 New Road, Taumarunui, Taumarunui 3920 Tenancy Tribunal Case 5037170 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 5037170 — net $2,595.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 September 2024	$2,171.43	Rent arrears to 16 September 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Eviction warrant	$258.00	Eviction warrant
Cleaning	$200.00	Cleaning
Repairs: Holes in wall	$1,150.00	Repairs: Holes in wall
Repairs: Door replacement	$340.00	Repairs: Door replacement
Lock/key replacement	$348.90	Lock/key replacement
Net award	$2,595.33
Total payable by Tenant to Landlord	$2,595.33

The landlord attended the hearing. The tenant did not.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The landlord withdrew their claim for compensation for carpet cleaning at the hearing.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 4 September 2024 by order of the Tribunal. The tenant did not leave the premises until 16 September 2024.

Where a tenant remains in occupation of the premises after the tenancy has terminated or has been terminated, all the obligations of the tenant continue in force as if the tenancy were still subsisting until such a time as the tenant ceases to occupy the premises. See section 60(1) Residential Tenancies Act 1986 (RTA).

The landlord provided rent records which prove the amount owing up to 16 September 2024, namely $2,171.43. The landlord’s claim for rent arrears is granted in full for this amount. Eviction warrant costs

A tenant must quit the premises at the end of the tenancy. See section 40(1)(e)(i) Residential Tenancies Act 1986 (RTA).

This tenancy ended on 4 September 2024. The tenant did not vacate the property on this date. The landlord applied for an eviction warrant to have the tenant forcibly removed. The landlord seeks to recover this cost.

The landlord provided an invoice for $258.00 from the Ministry of Justice. The landlord’s claim for compensation is granted in full for this amount.

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 claims the tenant did not leave the property reasonably clean and tidy.

The landlord also claims the tenant did not return the keys.

I deal with each issue in turn below. Cleaning

The landlord submitted photographs of the property taken at the beginning of and end of the tenancy. On the basis of these photographs, I am satisfied that the tenant did not leave the premises reasonably clean and tidy.

The landlord seeks compensation for their time and labour cleaning the property. The landlord submits $480.00 is a reasonable amount.

No evidence was submitted in the form of quotes from professional cleaning companies to support the landlord’s claim that $480.00 was reasonable. The Tribunal sees numerous applications for compensation for cleaning. The average hourly rate is $50.00. I consider it would have taken the landlord approximately 4 hours to return the property to a reasonably clean and tidy state following the end of the tenancy.

The landlord’s claim for cleaning is granted for a total of $200.00. Keys

The landlord gave evidence that the tenant did not return the keys at the end of the tenancy.

The landlord replaced the keys and locks themselves. The landlord submitted an invoice from Mitre 10 for $348.90 for the purchase of materials.

The landlord’s claim for compensation is granted in full for $348.90.

The amounts ordered above 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.

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 the tenant is responsible for the following damage: a. Holes in the walls; and b. Damage to external doors and one internal door.

The landlord provided photographs of the property taken at the beginning of the tenancy. These photographs show the property in a good condition. There are no holes in the walls or damage to any doors.

The landlord provided photographs of the property taken at the end of the tenancy. These photographs show a significant number of holes in the walls. The glass panel of an external door is broken. There is also damage to an internal door.

Based on the photographs provided by the landlord and evidence given at the hearing, I find that the following damage occurred during the tenancy: a. Multiple holes in the walls; and b. Damage to two external doors and one internal door.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord’s insurance did not cover the damage.

The landlord undertook the repairs themselves. They seek compensation of $1,150.00 to repair the walls and $340.00 to repair the doors. The landlord did not provide invoices for the purchase of materials or quotes from tradespeople to support their claim that these amounts were reasonable. Notwithstanding this, I order the tenant to pay compensation for the amounts claimed by the landlord.

The Tribunal sees numerous applications for compensation to repair holes in the walls. Based on the number of holes in this case and their size, I consider $1,150.00 to be a reasonable amount to repair the damage.

The Tribunal also sees numerous applications for compensation to repair damaged doors. The tenant damaged two entry/exit doors and one internal door. Considering the number of doors damaged by the tenant and the extent of the damage, I consider $340.00 to be a reasonable amount to repair the damage.

The landlord’s claim for compensation is granted in full for the following amounts: a. Repair holes in wall:$1,150.00 b. Repair doors:$340.00

The amounts ordered are proved.

I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee

Because Property Brokers Limited As Agent For Shamsher Singh Toor has wholly succeeded with the claim I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5037170 — net $2,595.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 September 2024	$2,171.43	Rent arrears to 16 September 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Eviction warrant	$258.00	Eviction warrant
Cleaning	$200.00	Cleaning
Repairs: Holes in wall	$1,150.00	Repairs: Holes in wall
Repairs: Door replacement	$340.00	Repairs: Door replacement
Lock/key replacement	$348.90	Lock/key replacement
Net award	$2,595.33
Total payable by Tenant to Landlord	$2,595.33

The landlord attended the hearing. The tenant did not.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The landlord withdrew their claim for compensation for carpet cleaning at the hearing.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent?

The tenancy ended on 4 September 2024 by order of the Tribunal. The tenant did not leave the premises until 16 September 2024.

A tenant must quit the premises at the end of the tenancy. See section 40(1)(e)(i) Residential Tenancies Act 1986 (RTA).

The landlord provided an invoice for $258.00 from the Ministry of Justice. The landlord’s claim for compensation is granted in full for this amount.

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

The landlord claims the tenant did not leave the property reasonably clean and tidy.

The landlord also claims the tenant did not return the keys.

I deal with each issue in turn below. Cleaning

The landlord seeks compensation for their time and labour cleaning the property. The landlord submits $480.00 is a reasonable amount.

The landlord’s claim for cleaning is granted for a total of $200.00. Keys

The landlord gave evidence that the tenant did not return the keys at the end of the tenancy.

The landlord replaced the keys and locks themselves. The landlord submitted an invoice from Mitre 10 for $348.90 for the purchase of materials.

The landlord’s claim for compensation is granted in full for $348.90.

The amounts ordered above are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims the tenant is responsible for the following damage: a. Holes in the walls; and b. Damage to external doors and one internal door.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord’s insurance did not cover the damage.

The landlord’s claim for compensation is granted in full for the following amounts: a. Repair holes in wall:$1,150.00 b. Repair doors:$340.00

The amounts ordered are proved.

Because Property Brokers Limited As Agent For Shamsher Singh Toor has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5037170 — Rent arrears at 2 New Road, Taumarunui, Taumarunui 3920

At a glance

Tenancy Tribunal case 5037170 — Rent arrears at 2 New Road, Taumarunui, Taumarunui 3920

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