What was the outcome of Tenancy Tribunal case 5121912?

The tribunal order states: Nga Thi Phuong Vo and Bui Hai Manh must pay Barfoot & Thompson Limited

How much money was awarded in case 5121912?

Cleaning: $517.50 awarded to landlord; Property Damage: $396.00 awarded to landlord; Rent Arrears: $4,614.29 awarded to landlord; Balustrade And Walls: $3,221.87 awarded to landlord; Rubbish Removal: $1,533.53 awarded to landlord

What type of tenancy dispute was case 5121912?

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

Where can I read the official tribunal order for case 5121912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11754767-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5121912?

The tribunal order states: Nga Thi Phuong Vo and Bui Hai Manh must pay Barfoot & Thompson Limited

How much money was awarded in case 5121912?

Cleaning: $517.50 awarded to landlord; Property Damage: $396.00 awarded to landlord; Rent Arrears: $4,614.29 awarded to landlord; Balustrade And Walls: $3,221.87 awarded to landlord; Rubbish Removal: $1,533.53 awarded to landlord

What type of tenancy dispute was case 5121912?

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

Where can I read the official tribunal order for case 5121912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11754767-Tenancy_Tribunal_Order.pdf.

244 Trig Road, Whitford, RD 1, Whitford 2571 Tenancy Tribunal Case 5121912 — Rent arrears

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244 Trig Road, Whitford, RD 1, Whitford 2571 Tenancy Tribunal Case 5121912 — Rent arrears | 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 5121912 — net $6,883.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 January 2025	$4,614.29	Rent arrears to 11 January 2025
Lawns and rubbish removal	$1,533.53	Lawns and rubbish removal
Window repairs	$396.00	Window repairs
Carpet Cleaning	$517.50	Carpet Cleaning
Repairs: balustrade and walls	$3,221.87	Repairs: balustrade and walls
Net award	$6,883.19
Total payable by Tenant to Landlord	$6,883.19

Claims and awards for application 5121912 — net $6,883.19 NZD. Verify on MoJ.

Rent arrears to 11 January 2025

Amount: $4,614.29
Awarded to: Landlord
Reason: Rent arrears to 11 January 2025

Lawns and rubbish removal

Amount: $1,533.53
Awarded to: Landlord
Reason: Lawns and rubbish removal

Window repairs

Amount: $396.00
Awarded to: Landlord
Reason: Window repairs

Carpet Cleaning

Amount: $517.50
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: balustrade and walls

Amount: $3,221.87
Awarded to: Landlord
Reason: Repairs: balustrade and walls

Claim types — money lines allowed on this order

Carpet Cleaning Property damage Rent arrears Rubbish Removal

Order

Nga Thi Phuong Vo and Bui Hai Manh must pay Barfoot & Thompson Limited Beachlands As Agents On Behalf Of Craigie Trust $6,883.19 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 (5507919-006) to Barfoot & Thompson Limited Beachlands As Agents On Behalf Of Craigie Trust immediately.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, and refund of the bond following the end of the tenancy.

How much is owed for rent?

The fixed term tenancy ended on 11 January 2025. 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 premises reasonably clean and tidy, and did not remove all rubbish.
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 appears to be intentionally caused during the tenancy: walls, ballustrade and windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

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 5121912 — net $6,883.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 11 January 2025	$4,614.29	Rent arrears to 11 January 2025
Lawns and rubbish removal	$1,533.53	Lawns and rubbish removal
Window repairs	$396.00	Window repairs
Carpet Cleaning	$517.50	Carpet Cleaning
Repairs: balustrade and walls	$3,221.87	Repairs: balustrade and walls
Net award	$6,883.19
Total payable by Tenant to Landlord	$6,883.19

Claims and awards for application 5121912 — net $6,883.19 NZD. Verify on MoJ.

Rent arrears to 11 January 2025

Amount: $4,614.29
Awarded to: Landlord
Reason: Rent arrears to 11 January 2025

Lawns and rubbish removal

Amount: $1,533.53
Awarded to: Landlord
Reason: Lawns and rubbish removal

Window repairs

Amount: $396.00
Awarded to: Landlord
Reason: Window repairs

Carpet Cleaning

Amount: $517.50
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: balustrade and walls

Amount: $3,221.87
Awarded to: Landlord
Reason: Repairs: balustrade and walls

Claim types — money lines allowed on this order

Carpet Cleaning Property damage Rent arrears Rubbish Removal

Order

Nga Thi Phuong Vo and Bui Hai Manh must pay Barfoot & Thompson Limited Beachlands As Agents On Behalf Of Craigie Trust $6,883.19 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 (5507919-006) to Barfoot & Thompson Limited Beachlands As Agents On Behalf Of Craigie Trust immediately.

Reasons

Only the landlord attended the hearing.
The landlord has applied for rent arrears, compensation, and refund of the bond following the end of the tenancy.

How much is owed for rent?

The fixed term tenancy ended on 11 January 2025. 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 premises reasonably clean and tidy, and did not remove all rubbish.
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 appears to be intentionally caused during the tenancy: walls, ballustrade and windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5121912 — Rent arrears at 244 Trig Road, Whitford, RD 1, Whitford 2571

At a glance

Tenancy Tribunal case 5121912 — Rent arrears at 244 Trig Road, Whitford, RD 1, Whitford 2571

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