What was the outcome of Tenancy Tribunal case 5122894?

The tribunal order states: Trisity Ruwhiu-Young must pay Waikato Real Estate Limited as Agent for A

How much money was awarded in case 5122894?

Cleaning: $230.00 awarded to landlord; Cleaning: $50.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Glass Recycling And Food Scraps Bin: $41.00 awarded to landlord; Heat Pump Remote, Vanity Door Front,…: $132.00 awarded to landlord; Lawns and Garden Work: $241.15 awarded to landlord; Property Damage: $84.00 awarded to landlord; Rent Arrears: $2,470.12 awarded to landlord; Main Dwelling: $2,600.00 awarded to landlord; Property Damage: $580.00 awarded to landlord

What type of tenancy dispute was case 5122894?

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

Where can I read the official tribunal order for case 5122894?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11850381-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5122894?

The tribunal order states: Trisity Ruwhiu-Young must pay Waikato Real Estate Limited as Agent for A

How much money was awarded in case 5122894?

Cleaning: $230.00 awarded to landlord; Cleaning: $50.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Glass Recycling And Food Scraps Bin: $41.00 awarded to landlord; Heat Pump Remote, Vanity Door Front,…: $132.00 awarded to landlord; Lawns and Garden Work: $241.15 awarded to landlord; Property Damage: $84.00 awarded to landlord; Rent Arrears: $2,470.12 awarded to landlord; Main Dwelling: $2,600.00 awarded to landlord; Property Damage: $580.00 awarded to landlord

What type of tenancy dispute was case 5122894?

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

Where can I read the official tribunal order for case 5122894?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11850381-Tenancy_Tribunal_Order.pdf.

29 Tongariro Street, Chartwell, Hamilton 3210 Tenancy Tribunal Case 5122894 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5122894 — net $4,255.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 December 2024	$2,470.12	Rent arrears to 18 December 2024
Oven/stove cleaning	$50.00	Oven/stove cleaning
Carpet Cleaning	$230.00	Carpet Cleaning
Glass recycling and food scraps bin	$41.00	Glass recycling and food scraps bin
Heat pump remote, vanity door front, toilet roll holder	$132.00	Heat pump remote, vanity door front, toilet roll holder
Replacement curtains/lounge	$84.00	Replacement curtains/lounge
Repairs: Rumpus room repairs	$580.00	Repairs: Rumpus room repairs
Repairs: Main dwelling	$2,600.00	Repairs: Main dwelling
Lawns and Garden work	$241.15	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,255.27
Total payable by Tenant to Landlord	$4,255.27

Miss Smith attended the hearing for the landlord. There was no appearance by the tenant.

The tenancy commenced on 20 March 2021, the tenant gave notice and the tenancy ended on 18 December 2024.

On 6 January 2025 the landlord filed an application for vacated rent arrears, compensation for cleaning, missing chattels, garden waste removal and repairs to the property.

The bond has been released to the landlord and has been deducted from the orders made.

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 landlord provided up to date rent records which prove the amount owing at the end of the tenancy $2470.12.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord is claiming garden waste disposal costs $241.15, carpet cleaning $230.00, glass recycling and food scraps bin replacement $41.00, missing curtains $84.00, oven cleaning $50.00, and for other missing chattels totalling $132.00.

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, and leave all chattels provided for their benefit. See section 40(1)(e)(ii) -(v) Residential Tenancies Act 1986 (the “Act”).

The landlord has produced pre-tenancy and end of tenancy inspection reports which included photographs. Having heard from Miss Smith and considering the other evidence I am satisfied that the tenant has failed to leave the grounds in a reasonable condition, the carpets and the oven reasonably clean and tidy, and has failed to account for the missing chattels which include the food scraps bin, glass recycling bin, lounge curtain, heat pump remote, toilet roll holder, and vanity door front.

The landlord has produced invoices for all of the costs claimed. I am satisfied that the amounts claimed are reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The property is a three-bedroom stand-alone house with kitchen, bathroom/toilet, lounge/dining room and an external rumpus room. The landlord claims the tenant is responsible for damage to the walls in the external rumpus room and walls in the house, with the exception of the bathroom/toilet area.

The landlord is claiming $680.00 to repair and paint the walls in the external rumpus room and $3800.00 to repair and paint the walls in the house.

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 of the Act.

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) of the Act. The landlord does not have insurance for damage.

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) of the Act. 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) of the Act.

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) of the Act.

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. Rumpus room

The landlord has produced photographs of the walls in the rumpus room taken at the commencement and at the end of the tenancy. The end of tenancy photographs shows minor, but widespread, damage to the walls in the form of scrapes, nicks, scribbles, small holes, dents and gouges. The landlord is claiming $680 to repair and paint the walls. The pre-tenancy inspection report shows that there was some minor existing damage at the start of the tenancy.

Considering the evidence the Tribunal is satisfied that the damage occurred during the tenancy and is more than fair wear and tear.

When awarding compensation for damage the Tribunal must take 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 determining betterment, the Tribunal will take into account the age and condition of the items at the start of the tenancy.

In this case taking into account the condition of the walls in the rumpus room at the start of the tenancy, the Tribunal deducts $100.00 for betterment and awards the landlord $580.00. The main house

The landlord has produced photographs of the walls in the main house taken at the commencement and at the end of the tenancy. The end of tenancy photographs shows minor, but widespread, damage to the walls throughout the property, with the exception of the bathroom. Miss Smith states that the landlord repainted some areas inside of the property prior to the tenancy commencing. However, the pre-tenancy photographs show some minor pre-existing damage at the start of the tenancy.

Considering the evidence the Tribunal is satisfied that the damage occurred during the tenancy and is more than fair wear and tear.

Taking in account the condition of the walls at the commencement of the tenancy, the Tribunal reduces the amount claims by $1200.00 for betterment and awards the landlord $2600.00. Costs

Because Waikato Real Estate Limited as Agent for A Dubey has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

Although the landlord has been wholly successful with the claims and is entitled to name suppression, they do not seek it. There is no ground to supress the name or details of the tenant. See section 95A of the Act.

Claims and awards in Tenancy Tribunal application 5122894 — net $4,255.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 December 2024	$2,470.12	Rent arrears to 18 December 2024
Oven/stove cleaning	$50.00	Oven/stove cleaning
Carpet Cleaning	$230.00	Carpet Cleaning
Glass recycling and food scraps bin	$41.00	Glass recycling and food scraps bin
Heat pump remote, vanity door front, toilet roll holder	$132.00	Heat pump remote, vanity door front, toilet roll holder
Replacement curtains/lounge	$84.00	Replacement curtains/lounge
Repairs: Rumpus room repairs	$580.00	Repairs: Rumpus room repairs
Repairs: Main dwelling	$2,600.00	Repairs: Main dwelling
Lawns and Garden work	$241.15	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,255.27
Total payable by Tenant to Landlord	$4,255.27

Order

Trisity Ruwhiu-Young must pay Waikato Real Estate Limited as Agent for A Dubey $4,255.27 immediately, calculated as shown in table below.

Reasons

Miss Smith attended the hearing for the landlord. There was no appearance by the tenant.
The tenancy commenced on 20 March 2021, the tenant gave notice and the tenancy ended on 18 December 2024.
On 6 January 2025 the landlord filed an application for vacated rent arrears, compensation for cleaning, missing chattels, garden waste removal and repairs to the property.
The bond has been released to the landlord and has been deducted from the orders made.
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 landlord provided up to date rent records which prove the amount owing at the end of the tenancy $2470.12.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord is claiming garden waste disposal costs $241.15, carpet cleaning $230.00, glass recycling and food scraps bin replacement $41.00, missing curtains $84.00, oven cleaning $50.00, and for other missing chattels totalling $132.00.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, and leave all chattels provided for their benefit. See section 40(1)(e)(ii) -(v) Residential Tenancies Act 1986 (the “Act”).
The landlord has produced pre-tenancy and end of tenancy inspection reports which included photographs. Having heard from Miss Smith and considering the other evidence I am satisfied that the tenant has failed to leave the grounds in a reasonable condition, the carpets and the oven reasonably clean and tidy, and has failed to account for the missing chattels which include the food scraps bin, glass recycling bin, lounge curtain, heat pump remote, toilet roll holder, and vanity door front.
The landlord has produced invoices for all of the costs claimed. I am satisfied that the amounts claimed are reasonable in the circumstances.

Is the tenant responsible for the damage to the premises?

The property is a three-bedroom stand-alone house with kitchen, bathroom/toilet, lounge/dining room and an external rumpus room. The landlord claims the tenant is responsible for damage to the walls in the external rumpus room and walls in the house, with the exception of the bathroom/toilet area.
The landlord is claiming $680.00 to repair and paint the walls in the external rumpus room and $3800.00 to repair and paint the walls in the house.
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 of the Act.
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) of the Act. The landlord does not have insurance for damage.
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) of the Act. 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) of the Act.
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) of the Act.
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. Rumpus room
The landlord has produced photographs of the walls in the rumpus room taken at the commencement and at the end of the tenancy. The end of tenancy photographs shows minor, but widespread, damage to the walls in the form of scrapes, nicks, scribbles, small holes, dents and gouges. The landlord is claiming $680 to repair and paint the walls. The pre-tenancy inspection report shows that there was some minor existing damage at the start of the tenancy.
Considering the evidence the Tribunal is satisfied that the damage occurred during the tenancy and is more than fair wear and tear.
When awarding compensation for damage the Tribunal must take 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 determining betterment, the Tribunal will take into account the age and condition of the items at the start of the tenancy.
In this case taking into account the condition of the walls in the rumpus room at the start of the tenancy, the Tribunal deducts $100.00 for betterment and awards the landlord $580.00. The main house
The landlord has produced photographs of the walls in the main house taken at the commencement and at the end of the tenancy. The end of tenancy photographs shows minor, but widespread, damage to the walls throughout the property, with the exception of the bathroom. Miss Smith states that the landlord repainted some areas inside of the property prior to the tenancy commencing. However, the pre-tenancy photographs show some minor pre-existing damage at the start of the tenancy.
Considering the evidence the Tribunal is satisfied that the damage occurred during the tenancy and is more than fair wear and tear.
Taking in account the condition of the walls at the commencement of the tenancy, the Tribunal reduces the amount claims by $1200.00 for betterment and awards the landlord $2600.00. Costs
Because Waikato Real Estate Limited as Agent for A Dubey has wholly succeeded with the claim I must reimburse the filing fee. Name suppression
Although the landlord has been wholly successful with the claims and is entitled to name suppression, they do not seek it. There is no ground to supress the name or details of the tenant. See section 95A of the Act.

Tenancy Tribunal case 5122894 — Property damage at 29 Tongariro Street, Chartwell, Hamilton 3210

At a glance

Tenancy Tribunal case 5122894 — Property damage at 29 Tongariro Street, Chartwell, Hamilton 3210

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