What was the outcome of Tenancy Tribunal case 5104348?

The tribunal order states: Najayda Bendall must pay Team Group Rentals Limited As Agent For Sandra

How much money was awarded in case 5104348?

Cleaning: $249.55 awarded to landlord; Cleaning: $562.00 awarded to landlord; Property Damage: $249.55 awarded to landlord; Property Damage: $451.97 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $358.94 awarded to landlord; Property Damage: $545.04 awarded to landlord; Rent Arrears: $820.00 awarded to landlord; Rubbish Removal: $364.36 awarded to landlord

What type of tenancy dispute was case 5104348?

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

Where can I read the official tribunal order for case 5104348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11494775-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5104348?

The tribunal order states: Najayda Bendall must pay Team Group Rentals Limited As Agent For Sandra

How much money was awarded in case 5104348?

Cleaning: $249.55 awarded to landlord; Cleaning: $562.00 awarded to landlord; Property Damage: $249.55 awarded to landlord; Property Damage: $451.97 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $358.94 awarded to landlord; Property Damage: $545.04 awarded to landlord; Rent Arrears: $820.00 awarded to landlord; Rubbish Removal: $364.36 awarded to landlord

What type of tenancy dispute was case 5104348?

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

Where can I read the official tribunal order for case 5104348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11494775-Tenancy_Tribunal_Order.pdf.

640 Queen Street East, Levin, Levin 5510 Tenancy Tribunal Case 5104348 — Property damage

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640 Queen Street East, Levin, Levin 5510 Tenancy Tribunal Case 5104348 — 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 5104348 — net $3,628.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$820.00	Rent arrears
Carpet Cleaning	$249.55	Carpet Cleaning
Cleaning	$562.00	Cleaning
Electrical fittings replacement/repair: heat pump	$249.55	Electrical fittings replacement/repair: heat pump
Electrical fittings replacement/repair: reinstallation of metered power	$451.97	Electrical fittings replacement/repair: reinstallation of metered power
Rubbish removal	$364.36	Rubbish removal
Lock/key replacement	$358.94	Lock/key replacement
Repairs	$545.04	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,628.41
Total payable by Tenant to Landlord	$3,628.41

Claims and awards for application 5104348 — net $3,628.41 NZD. Verify on MoJ.

Rent arrears

Amount: $820.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $249.55
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $562.00
Awarded to: Landlord
Reason: Cleaning

Electrical fittings replacement/repair: heat pump

Amount: $249.55
Awarded to: Landlord
Reason: Electrical fittings replacement/repair: heat pump

Electrical fittings replacement/repair: reinstallation of metered power

Amount: $451.97
Awarded to: Landlord
Reason: Electrical fittings replacement/repair: reinstallation of metered power

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage Filing Fee Rent arrears Rubbish Removal

Order

Najayda Bendall must pay Team Group Rentals Limited As Agent For Sandra Batchelor $3,628.41 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$820.00 Carpet Cleaning$249.55 Cleaning$562.00 Electrical fittings replacement/repair: heat pump$249.55 Electrical fittings replacement/repair: reinstallation of metered power $451.97 Rubbish removal$364.36 Lock/key replacement$358.94 Repairs$545.04 Filing fee reimbursement$27.00 Total award$3,628.41 Total payable by Tenant to Landlord$3,628.41

Reasons

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

How much is owed for rent?

The tenancy ended on 19 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy after payment of the bond and the deduction of an insurance excess for loss of rent cover.

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 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 the keys and some locks were damaged.
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. The bathroom vanity was pulled from the wall. b. Net curtains and curtains were damaged by cigarette burns and smoke. c. The front lawn was destroyed by vehicles, despite a breach notice having been issued by the landlord. d. There was a hole in a bedroom wall. e. The power supply had been rerouted so as to bypass the meter. f. The heat pump had been jammed shut and damaged.
From the nature of the damage, it was intentional. 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 the landlord has been wholly successful in its application, the filing fee is to be reimbursed by the tenant.

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 5104348 — net $3,628.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$820.00	Rent arrears
Carpet Cleaning	$249.55	Carpet Cleaning
Cleaning	$562.00	Cleaning
Electrical fittings replacement/repair: heat pump	$249.55	Electrical fittings replacement/repair: heat pump
Electrical fittings replacement/repair: reinstallation of metered power	$451.97	Electrical fittings replacement/repair: reinstallation of metered power
Rubbish removal	$364.36	Rubbish removal
Lock/key replacement	$358.94	Lock/key replacement
Repairs	$545.04	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,628.41
Total payable by Tenant to Landlord	$3,628.41

Claims and awards for application 5104348 — net $3,628.41 NZD. Verify on MoJ.

Rent arrears

Amount: $820.00
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $249.55
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $562.00
Awarded to: Landlord
Reason: Cleaning

Electrical fittings replacement/repair: heat pump

Amount: $249.55
Awarded to: Landlord
Reason: Electrical fittings replacement/repair: heat pump

Electrical fittings replacement/repair: reinstallation of metered power

Amount: $451.97
Awarded to: Landlord
Reason: Electrical fittings replacement/repair: reinstallation of metered power

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage Filing Fee Rent arrears Rubbish Removal

Order

Najayda Bendall must pay Team Group Rentals Limited As Agent For Sandra Batchelor $3,628.41 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$820.00 Carpet Cleaning$249.55 Cleaning$562.00 Electrical fittings replacement/repair: heat pump$249.55 Electrical fittings replacement/repair: reinstallation of metered power $451.97 Rubbish removal$364.36 Lock/key replacement$358.94 Repairs$545.04 Filing fee reimbursement$27.00 Total award$3,628.41 Total payable by Tenant to Landlord$3,628.41

Reasons

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

How much is owed for rent?

The tenancy ended on 19 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy after payment of the bond and the deduction of an insurance excess for loss of rent cover.

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 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 the keys and some locks were damaged.
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. The bathroom vanity was pulled from the wall. b. Net curtains and curtains were damaged by cigarette burns and smoke. c. The front lawn was destroyed by vehicles, despite a breach notice having been issued by the landlord. d. There was a hole in a bedroom wall. e. The power supply had been rerouted so as to bypass the meter. f. The heat pump had been jammed shut and damaged.
From the nature of the damage, it was intentional. 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 the landlord has been wholly successful in its application, the filing fee is to be reimbursed by the tenant.

Tenancy Tribunal case 5104348 — Property damage at 640 Queen Street East, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5104348 — Property damage at 640 Queen Street East, Levin, Levin 5510

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