What was Tenancy Tribunal case 5127233 about?

The tribunal order states: [The tenant/s] must pay Devlin Group Limited as agent for Brett Murray and

How much money was awarded in case 5127233?

Dump Fees: $52.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Property Damage: $448.50 awarded to landlord; Rent Arrears: $2,400.00 awarded to landlord

What type of tenancy dispute was case 5127233?

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

Where can I read the official tribunal order for case 5127233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11741032-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5127233 about?

The tribunal order states: [The tenant/s] must pay Devlin Group Limited as agent for Brett Murray and

How much money was awarded in case 5127233?

Dump Fees: $52.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Property Damage: $448.50 awarded to landlord; Rent Arrears: $2,400.00 awarded to landlord

What type of tenancy dispute was case 5127233?

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

Where can I read the official tribunal order for case 5127233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11741032-Tenancy_Tribunal_Order.pdf.

27 Penfold Square, Leithfield 7481 Tenancy Tribunal Case 5127233 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5127233 — net $3,008.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 January 2025	$2,400.00	Rent arrears to 6 January 2025
Insurance excesses	$2,000.00	Insurance excesses
Drain repair	$448.50	Drain repair
Dump fees	$52.50	Dump fees
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,008.00
Total payable by Tenant to Landlord	$3,008.00

[The tenant/s] must pay Devlin Group Limited as agent for Brett Murray and [The landlord/s] $3,008.00 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,920.00 (5230821-003) to Devlin Group Limited as agent for Brett Murray and [The landlord/s] immediately.

Reasons

The landlords attended the hearing in person. The tenant attended by telephone.

The landlords have applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent

The tenancy ended on 6 January 2025 following a termination notice given by the tenant. The landlord provided rent records to prove the amount owing at the end of the tenancy as ordered. The tenant did not dispute the rent claim. Compensation Law

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices.

The tenant must not carelessly or intentionally damage the premises.

To recover compensation for damage to the premises, the landlord must prove that the damage to the premises occurred during the tenancy and is more than fair wear and tear. If that is established, to avoid liability, the tenant must prove that 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.

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).

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).

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.

The tenant did not return any keys and one of the locks needed complete replacement.

The premises were not left reasonably clean and tidy, and rubbish was not removed.

The following damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has admitted the damage. • Carpet throughout the premises was extensively stained and had to be replaced. • There were two broken windows. • Walls were damaged including by holes in them. • The oven and dishwasher were damaged and required replacement. • The heat pump units and remote were damaged. • An outside drain opening was damaged. • A wooden door opening pulled apart. • Curtains and blinds were damaged and had to be cleaned or replaced.

The landlords have made claims on their insurance and after negotiation with their insurer it has agreed to cover the costs apart from the drain repair and the dump fees. The landlords cleaned the premises and have made no claim for that.

The insurer has applied four excesses to the claims amounting to $2,000. That is less than the insurer could have applied, and the insurer has covered costs that would not normally by affected the landlords’ insurance.

The tenant has received the benefit of the landlords’ efforts and the insurer’s lenience and she acknowledged that.

The landlords have succeeded and so I have awarded the filing fee.

Claims and awards in Tenancy Tribunal application 5127233 — net $3,008.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 January 2025	$2,400.00	Rent arrears to 6 January 2025
Insurance excesses	$2,000.00	Insurance excesses
Drain repair	$448.50	Drain repair
Dump fees	$52.50	Dump fees
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,008.00
Total payable by Tenant to Landlord	$3,008.00

Order

[The tenant/s] must pay Devlin Group Limited as agent for Brett Murray and [The landlord/s] $3,008.00 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,920.00 (5230821-003) to Devlin Group Limited as agent for Brett Murray and [The landlord/s] immediately.

Reasons

The landlords attended the hearing in person. The tenant attended by telephone.
The landlords have applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 6 January 2025 following a termination notice given by the tenant. The landlord provided rent records to prove the amount owing at the end of the tenancy as ordered. The tenant did not dispute the rent claim. Compensation Law
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices.
The tenant must not carelessly or intentionally damage the premises.
To recover compensation for damage to the premises, the landlord must prove that the damage to the premises occurred during the tenancy and is more than fair wear and tear. If that is established, to avoid liability, the tenant must prove that 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.
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).
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).
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.
The tenant did not return any keys and one of the locks needed complete replacement.
The premises were not left reasonably clean and tidy, and rubbish was not removed.
The following damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has admitted the damage. • Carpet throughout the premises was extensively stained and had to be replaced. • There were two broken windows. • Walls were damaged including by holes in them. • The oven and dishwasher were damaged and required replacement. • The heat pump units and remote were damaged. • An outside drain opening was damaged. • A wooden door opening pulled apart. • Curtains and blinds were damaged and had to be cleaned or replaced.
The landlords have made claims on their insurance and after negotiation with their insurer it has agreed to cover the costs apart from the drain repair and the dump fees. The landlords cleaned the premises and have made no claim for that.
The insurer has applied four excesses to the claims amounting to $2,000. That is less than the insurer could have applied, and the insurer has covered costs that would not normally by affected the landlords’ insurance.
The tenant has received the benefit of the landlords’ efforts and the insurer’s lenience and she acknowledged that.
The landlords have succeeded and so I have awarded the filing fee.

Tenancy Tribunal case 5127233 — Property damage at 27 Penfold Square, Leithfield 7481

At a glance

Tenancy Tribunal case 5127233 — Property damage at 27 Penfold Square, Leithfield 7481

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions