What was the outcome of Tenancy Tribunal case 5047092?

The tribunal order states: Abraham Richard Te Moananui, Marika Capreece Te Moananui and Glennis Te

How much money was awarded in case 5047092?

Cleaning: $475.00 awarded to landlord; Cleaning: $340.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $65.00 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $141.19 awarded to landlord; Property Damage: $1,950.00 awarded to landlord; Property Damage: $430.00 awarded to landlord; Rent Arrears: $142.86 awarded to landlord; Replace Furnishings: Remote: $120.00 awarded to landlord; Rubbish Removal: $145.00 awarded to landlord

What type of tenancy dispute was case 5047092?

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

Where can I read the official tribunal order for case 5047092?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11139558-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5047092?

The tribunal order states: Abraham Richard Te Moananui, Marika Capreece Te Moananui and Glennis Te

How much money was awarded in case 5047092?

Cleaning: $475.00 awarded to landlord; Cleaning: $340.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $65.00 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $141.19 awarded to landlord; Property Damage: $1,950.00 awarded to landlord; Property Damage: $430.00 awarded to landlord; Rent Arrears: $142.86 awarded to landlord; Replace Furnishings: Remote: $120.00 awarded to landlord; Rubbish Removal: $145.00 awarded to landlord

What type of tenancy dispute was case 5047092?

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

Where can I read the official tribunal order for case 5047092?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11139558-Tenancy_Tribunal_Order.pdf.

96 Havill Street, Takaro, Palmerston North 4410 Tenancy Tribunal Case 5047092 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5047092 — net $1,876.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$142.86	Rent arrears
Carpet Cleaning	$475.00	Carpet Cleaning
Cleaning	$340.00	Cleaning
Rubbish removal	$145.00	Rubbish removal
Lock/key replacement	$65.00	Lock/key replacement
Replace furnishings and repairs	$800.00	Replace furnishings and repairs
Electrical fittings replacement/repair	$141.19	Electrical fittings replacement/repair
Repairs	$1,950.00	Repairs
Replace furnishings: remote	$120.00	Replace furnishings: remote
Repairs	$430.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,876.05
Total payable by Tenant to Landlord	$1,876.05

Abraham Richard Te Moananui, Marika Capreece Te Moananui and Glennis Te Moananui must pay Unique Realty Limited As Agent For Vidette Properties Limited $1,876.05 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,760.00 (3165884-033) to Unique Realty Limited As Agent For Vidette Properties Limited immediately. DescriptionLandlord Rent arrears$142.86 Carpet Cleaning$475.00 Cleaning$340.00 Rubbish removal$145.00 Lock/key replacement$65.00 Replace furnishings and repairs$800.00 Electrical fittings replacement/repair$141.19 Repairs$1,950.00 Replace furnishings: remote$120.00 Repairs$430.00 Filing fee reimbursement$27.00 Total award$4,636.05 Bond$2,760.00 Total payable by Tenant to Landlord$1,876.05

Reasons

Both parties 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 28 August 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 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.

The tenant did not return all the keys.

The following chattels were missing at the end of the tenancy: some drapes, plugs, some light bulbs and the air-conditioning remote.

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. There were numerous and some substantial holes in walls. b. Two doors required replacement and three door handles were broken. c. A light batten holder was broken. d. The ceramic hob was damaged and could not be repaired. e. An outside barge board and been damaged and required replacement. f. The tenant had repainted cupboard doors in the kitchen black. This was not authorised by the landlord and required repainting.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant accepted responsibility for the damage at the hearing. The damage was intentional.

The amounts claimed by the landlord are reasonable and are proved.

I have considered 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. I have reduced the amount claimed for the ceramic hob as it was old and at the end of its useful life. Similarly, the amount claimed for the air-conditioning remote has been reduced to reflect that it was more than a year old.

Because Unique Realty Limited As Agent For Vidette Properties Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5047092 — net $1,876.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$142.86	Rent arrears
Carpet Cleaning	$475.00	Carpet Cleaning
Cleaning	$340.00	Cleaning
Rubbish removal	$145.00	Rubbish removal
Lock/key replacement	$65.00	Lock/key replacement
Replace furnishings and repairs	$800.00	Replace furnishings and repairs
Electrical fittings replacement/repair	$141.19	Electrical fittings replacement/repair
Repairs	$1,950.00	Repairs
Replace furnishings: remote	$120.00	Replace furnishings: remote
Repairs	$430.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,876.05
Total payable by Tenant to Landlord	$1,876.05

Order

Abraham Richard Te Moananui, Marika Capreece Te Moananui and Glennis Te Moananui must pay Unique Realty Limited As Agent For Vidette Properties Limited $1,876.05 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,760.00 (3165884-033) to Unique Realty Limited As Agent For Vidette Properties Limited immediately. DescriptionLandlord Rent arrears$142.86 Carpet Cleaning$475.00 Cleaning$340.00 Rubbish removal$145.00 Lock/key replacement$65.00 Replace furnishings and repairs$800.00 Electrical fittings replacement/repair$141.19 Repairs$1,950.00 Replace furnishings: remote$120.00 Repairs$430.00 Filing fee reimbursement$27.00 Total award$4,636.05 Bond$2,760.00 Total payable by Tenant to Landlord$1,876.05

Reasons

Both parties 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 28 August 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 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.
The tenant did not return all the keys.
The following chattels were missing at the end of the tenancy: some drapes, plugs, some light bulbs and the air-conditioning remote.
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. There were numerous and some substantial holes in walls. b. Two doors required replacement and three door handles were broken. c. A light batten holder was broken. d. The ceramic hob was damaged and could not be repaired. e. An outside barge board and been damaged and required replacement. f. The tenant had repainted cupboard doors in the kitchen black. This was not authorised by the landlord and required repainting.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant accepted responsibility for the damage at the hearing. The damage was intentional.
The amounts claimed by the landlord are reasonable and are proved.
I have considered 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. I have reduced the amount claimed for the ceramic hob as it was old and at the end of its useful life. Similarly, the amount claimed for the air-conditioning remote has been reduced to reflect that it was more than a year old.
Because Unique Realty Limited As Agent For Vidette Properties Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5047092 — Property damage at 96 Havill Street, Takaro, Palmerston North 4410

At a glance

Tenancy Tribunal case 5047092 — Property damage at 96 Havill Street, Takaro, Palmerston North 4410

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