What was the outcome of Tenancy Tribunal case 5043808?

The tribunal order states: Roxanne Teka must pay Inspire Property Management Limited As Agent For

How much money was awarded in case 5043808?

Cleaning: $27.82 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $297.50 awarded to landlord; Blinds: $218.50 awarded to landlord; Walls: $1,679.00 awarded to landlord; Rubbish Removal: $494.50 awarded to landlord; Water Rates: $424.77 awarded to landlord

What type of tenancy dispute was case 5043808?

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

Where can I read the official tribunal order for case 5043808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343698-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5043808?

The tribunal order states: Roxanne Teka must pay Inspire Property Management Limited As Agent For

How much money was awarded in case 5043808?

Cleaning: $27.82 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $297.50 awarded to landlord; Blinds: $218.50 awarded to landlord; Walls: $1,679.00 awarded to landlord; Rubbish Removal: $494.50 awarded to landlord; Water Rates: $424.77 awarded to landlord

What type of tenancy dispute was case 5043808?

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

Where can I read the official tribunal order for case 5043808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11343698-Tenancy_Tribunal_Order.pdf.

52 Black Beech Crescent, Takanini, Takanini 2110 Tenancy Tribunal Case 5043808 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5043808 — net $3,169.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$424.77	Water rates
Repairs: Walls	$1,679.00	Repairs: Walls
Rubbish removal	$494.50	Rubbish removal
Carpet Cleaning	$27.82	Carpet Cleaning
Lock/key replacement	$297.50	Lock/key replacement
Repairs: Blinds	$218.50	Repairs: Blinds
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,169.09
Total payable by Tenant to Landlord	$3,169.09

The landlord attended the hearing by video. The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by calling her. The call went unanswered.

The Tribunal made an order (4964773) on 16 September 2024 terminating the tenancy, awarding rent arrears and releasing the bond to reduce the debt.

The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 19 September 2024. The landlord provided water rates invoices 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 did not remove all rubbish from the exterior of the premises.

The tenant did not return all the keys.

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 following damage was caused during the tenancy: wall hole in the hallway, wall holes and damage in the bedrooms. 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 Inspire Property Management Limited As Agent For Benjamin Wakely And Ross Denton / The Green Barn Trust has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5043808 — net $3,169.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$424.77	Water rates
Repairs: Walls	$1,679.00	Repairs: Walls
Rubbish removal	$494.50	Rubbish removal
Carpet Cleaning	$27.82	Carpet Cleaning
Lock/key replacement	$297.50	Lock/key replacement
Repairs: Blinds	$218.50	Repairs: Blinds
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,169.09
Total payable by Tenant to Landlord	$3,169.09

Order

Roxanne Teka must pay Inspire Property Management Limited As Agent For Benjamin Wakely And Ross Denton / The Green Barn Trust $3,169.09 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video. The tenant did not attend the hearing. An attempt was made to join the tenant to the hearing by calling her. The call went unanswered.
The Tribunal made an order (4964773) on 16 September 2024 terminating the tenancy, awarding rent arrears and releasing the bond to reduce the debt.
The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 19 September 2024. The landlord provided water rates invoices 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 did not remove all rubbish from the exterior of the premises.
The tenant did not return all the keys.
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 following damage was caused during the tenancy: wall hole in the hallway, wall holes and damage in the bedrooms. 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 Inspire Property Management Limited As Agent For Benjamin Wakely And Ross Denton / The Green Barn Trust has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5043808 — Property damage at 52 Black Beech Crescent, Takanini, Takanini 2110

At a glance

Tenancy Tribunal case 5043808 — Property damage at 52 Black Beech Crescent, Takanini, Takanini 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

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