How much money was awarded in case 5121688?

Cleaning: $184.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $695.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Paint: $150.00 awarded to landlord

What type of tenancy dispute was case 5121688?

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

Where can I read the official tribunal order for case 5121688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11572482-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5121688?

Cleaning: $184.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $695.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Paint: $150.00 awarded to landlord

What type of tenancy dispute was case 5121688?

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

Where can I read the official tribunal order for case 5121688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11572482-Tenancy_Tribunal_Order.pdf.

Room A, Unit/Flat 2, 28 May Street, Hamilton East, Tenancy Tribunal Case 5121688 — Property damage

Q: What was the outcome of Tenancy Tribunal case 5121688?

The tribunal order states: Shirlene Lubanga must pay Online Rentals Limited as Agent for Urban Property

Order

Claims and awards in Tenancy Tribunal application 5121688 — net $1,236.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$695.00	Rent arrears
Repairs: paint	$150.00	Repairs: paint
Carpet Cleaning	$184.00	Carpet Cleaning
Repairs: Carpet replacement	$1,200.00	Repairs: Carpet replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,236.00
Total payable by Tenant to Landlord	$1,236.00

Shirlene Lubanga must pay Online Rentals Limited as Agent for Urban Property Group LP (Warrick Macdonald) & Daniel Klinkenberg $1,236.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,020.00 (6492877-007) to Online Rentals Limited as Agent for Urban Property Group LP (Warrick Macdonald) & Daniel Klinkenberg immediately.

Reasons

The landlord attended the hearing by video conference. The tenant emailed the Tribunal saying that they were not appearing. No adjournment was sought. The hearing continued in their absence.

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 26 November 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 did not leave the carpet reasonably clean. This was a brand-new unit when the tenant moved in, and the exit photos show a lot of stains on the carpet in the bedroom. Carpet cleaning costs are awarded.

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: The carpet in the bedroom was damaged by stains and which were unable to be removed by cleaning. The landlord provided photographs of 9 carpet stains in the unit.

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

I find that this is intentional damage because there is more than a single stain suggesting a continuing pattern of behaviour, knowing that damage to the carpet is a certainty.

The landlord’s insurance information was provided confirming that excess was higher than the cost to replace the carpet.

The amounts ordered are nominal because the landlord has not replaced the carpet and has tenanted the premises. I do not find that the landlord has established a loss and award a nominal sum to recognise that the tenant has breached their obligations and have caused damage for which they are liable, but I am not persuaded the precise loss has been quantified.

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.

Because Online Rentals Limited as Agent for Urban Property Group LP (Warrick Macdonald) & Daniel Klinkenberg has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5121688 — net $1,236.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$695.00	Rent arrears
Repairs: paint	$150.00	Repairs: paint
Carpet Cleaning	$184.00	Carpet Cleaning
Repairs: Carpet replacement	$1,200.00	Repairs: Carpet replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,236.00
Total payable by Tenant to Landlord	$1,236.00

Order

Shirlene Lubanga must pay Online Rentals Limited as Agent for Urban Property Group LP (Warrick Macdonald) & Daniel Klinkenberg $1,236.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,020.00 (6492877-007) to Online Rentals Limited as Agent for Urban Property Group LP (Warrick Macdonald) & Daniel Klinkenberg immediately.

Reasons

The landlord attended the hearing by video conference. The tenant emailed the Tribunal saying that they were not appearing. No adjournment was sought. The hearing continued in their absence.
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 26 November 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 did not leave the carpet reasonably clean. This was a brand-new unit when the tenant moved in, and the exit photos show a lot of stains on the carpet in the bedroom. Carpet cleaning costs are awarded.
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: The carpet in the bedroom was damaged by stains and which were unable to be removed by cleaning. The landlord provided photographs of 9 carpet stains in the unit.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I find that this is intentional damage because there is more than a single stain suggesting a continuing pattern of behaviour, knowing that damage to the carpet is a certainty.
The landlord’s insurance information was provided confirming that excess was higher than the cost to replace the carpet.
The amounts ordered are nominal because the landlord has not replaced the carpet and has tenanted the premises. I do not find that the landlord has established a loss and award a nominal sum to recognise that the tenant has breached their obligations and have caused damage for which they are liable, but I am not persuaded the precise loss has been quantified.
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.
Because Online Rentals Limited as Agent for Urban Property Group LP (Warrick Macdonald) & Daniel Klinkenberg has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5121688 — Property damage at Room A, Unit/Flat 2, 28 May Street, Hamilton East,

At a glance

Tenancy Tribunal case 5121688 — Property damage at Room A, Unit/Flat 2, 28 May Street, Hamilton East,

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