What was the outcome of Tenancy Tribunal case 5048508?

The tribunal order states: Shannon Heretini Trent to pay Pamela Grace Gerken $1,353.12 from the bond,

How much money was awarded in case 5048508?

Cleaning: $210.00 awarded to landlord; Clothesline: $74.75 awarded to landlord; Fence Netting: $17.68 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $155.25 awarded to landlord; Heat Pump: $340.41 awarded to landlord; Shower Door: $8.36 awarded to landlord; Vanity Top: $519.67 awarded to landlord

What type of tenancy dispute was case 5048508?

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

Where can I read the official tribunal order for case 5048508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11410108-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5048508?

The tribunal order states: Shannon Heretini Trent to pay Pamela Grace Gerken $1,353.12 from the bond,

How much money was awarded in case 5048508?

Cleaning: $210.00 awarded to landlord; Clothesline: $74.75 awarded to landlord; Fence Netting: $17.68 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $155.25 awarded to landlord; Heat Pump: $340.41 awarded to landlord; Shower Door: $8.36 awarded to landlord; Vanity Top: $519.67 awarded to landlord

What type of tenancy dispute was case 5048508?

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

Where can I read the official tribunal order for case 5048508?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11410108-Tenancy_Tribunal_Order.pdf.

32 Newcastle Street, Riversdale, Riversdale 9776 Tenancy Tribunal Case 5048508 — Property damage

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32 Newcastle Street, Riversdale, Riversdale 9776 Tenancy Tribunal Case 5048508 — Property damage | 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 5048508 — net $1,353.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Vanity Top	$519.67	Vanity Top
Repairs: Heat Pump	$340.41	Repairs: Heat Pump
Repairs: Shower door	$8.36	Repairs: Shower door
Clothesline	$74.75	Clothesline
Cleaning	$210.00	Cleaning
Lawns and Garden work	$155.25	Lawns and Garden work
Fence Netting	$17.68	Fence Netting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,353.12
Total payable by Tenant to Landlord	$1,353.12

Claims and awards for application 5048508 — net $1,353.12 NZD. Verify on MoJ.

Vanity Top

Amount: $519.67
Awarded to: Landlord
Reason: Vanity Top

Repairs: Heat Pump

Amount: $340.41
Awarded to: Landlord
Reason: Repairs: Heat Pump

Repairs: Shower door

Amount: $8.36
Awarded to: Landlord
Reason: Repairs: Shower door

Clothesline

Amount: $74.75
Awarded to: Landlord
Reason: Clothesline

Cleaning

Amount: $210.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

Shannon Heretini Trent to pay Pamela Grace Gerken $1,353.12 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,353.12 (6447474-006) to Pamela Grace Gerken immediately. The Bond Centre is to pay the bond of $46.88 (6447474-006) to Shannon Heretini Trent immediately.

Reasons

The tenant failed to make himself available.
Service has been complied with.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee 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 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return 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:
The clothesline needed repair, as did the vanity top, heat pump shower door and clothesline. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.

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 5048508 — net $1,353.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Vanity Top	$519.67	Vanity Top
Repairs: Heat Pump	$340.41	Repairs: Heat Pump
Repairs: Shower door	$8.36	Repairs: Shower door
Clothesline	$74.75	Clothesline
Cleaning	$210.00	Cleaning
Lawns and Garden work	$155.25	Lawns and Garden work
Fence Netting	$17.68	Fence Netting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,353.12
Total payable by Tenant to Landlord	$1,353.12

Claims and awards for application 5048508 — net $1,353.12 NZD. Verify on MoJ.

Vanity Top

Amount: $519.67
Awarded to: Landlord
Reason: Vanity Top

Repairs: Heat Pump

Amount: $340.41
Awarded to: Landlord
Reason: Repairs: Heat Pump

Repairs: Shower door

Amount: $8.36
Awarded to: Landlord
Reason: Repairs: Shower door

Clothesline

Amount: $74.75
Awarded to: Landlord
Reason: Clothesline

Cleaning

Amount: $210.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

Shannon Heretini Trent to pay Pamela Grace Gerken $1,353.12 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,353.12 (6447474-006) to Pamela Grace Gerken immediately. The Bond Centre is to pay the bond of $46.88 (6447474-006) to Shannon Heretini Trent immediately.

Reasons

The tenant failed to make himself available.
Service has been complied with.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee 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 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return 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:
The clothesline needed repair, as did the vanity top, heat pump shower door and clothesline. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.

Tenancy Tribunal case 5048508 — Property damage at 32 Newcastle Street, Riversdale, Riversdale 9776

At a glance

Tenancy Tribunal case 5048508 — Property damage at 32 Newcastle Street, Riversdale, Riversdale 9776

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

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

Frequently asked questions