What was the outcome of Tenancy Tribunal case 5128528?

The tribunal order states: Bond Services is to pay the full bond to Innovative Property Management Limited

How much money was awarded in case 5128528?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5128528?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5128528?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11968241-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5128528?

The tribunal order states: Bond Services is to pay the full bond to Innovative Property Management Limited

How much money was awarded in case 5128528?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5128528?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5128528?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11968241-Tribunal_Order.pdf.

228 Balmoral Drive, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 5128528 — Property damage

Order

Bond Services is to pay the full bond to Innovative Property Management Limited immediately.
Jewels Ngatai-Mccaskill is to pay $5,033.46 immediately, calculated as follows. Description of AwardAmount Rent arrears to 2 February 2025$3,482.86 Cleaning and rubbish removal$345.00 Replacement key$204.75 Section maintenance$220.00 Torn flyscreen replacement$180.46 Broken lounge window$152.49 Carpet JetVac cleaning$262.50 Reinstatement of underfloor insulation (dog damage)$1,932.00 Kitchen power point repair$145.15 Glasshouse repairs$201.25 Application filing fee$27.00 Subtotal$7,153.46 Less bond–$2,120.00 Balance payable by tenant$5,033.46

Reasons

The Landlord attended the hearing.
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 2 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Total: $3,482.86

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: s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The Landlord has supplied photographs before and after the tenancy and oral evidence.
The Tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The Landlord engaged professionals to carry out a full house clean and remove rubbish from the property. The invoice provided supports the amount claimed. Total: $345.00
The Tenant did not return the keys. The Landlord had a new key cut. Total: $204.75
The Landlord also had to carry out section maintenance to prepare the gardens and outdoor areas for re-letting. This included weeding and clearing overgrown areas at the front and rear of the property, as well as the removal of green waste behind the glasshouse. Total: $220.00
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 occurred during the tenancy and is more than fair wear and tear: a. The mesh flyscreen on the front door was torn and had to be replaced. Total: $180.46 b. A lounge window was broken during the tenancy. The Tenant acknowledged liability for this. Total: $152.49 c. The carpet was left dirty with organic material and required JetVac cleaning. Total: $262.50 d. The Tenant’s dog tore down insulation from beneath the house. The Landlord has provided a quote for reinstating the underfloor insulation. Total: $1,932.00 e. A kitchen power point was damaged and had to be repaired. Total: $145.15 f. The glasshouse suffered broken panes during the tenancy and required repairs. Total: $201.25
The amounts claimed are supported by evidence, and the repairs were reasonably necessary. The total amounts are awarded as claimed. The Tenant has not come to the hearing and so the Landlord’s evidence proceeds unchallenged.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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 the Landlord has succeeded in its claim I must reimburse its filing fee. Corrigendum
There has been a correction of the Order to reflect the arrears as at the date of the hearing.

Order

Bond Services is to pay the full bond to Innovative Property Management Limited immediately.
Jewels Ngatai-Mccaskill is to pay $5,033.46 immediately, calculated as follows. Description of AwardAmount Rent arrears to 2 February 2025$3,482.86 Cleaning and rubbish removal$345.00 Replacement key$204.75 Section maintenance$220.00 Torn flyscreen replacement$180.46 Broken lounge window$152.49 Carpet JetVac cleaning$262.50 Reinstatement of underfloor insulation (dog damage)$1,932.00 Kitchen power point repair$145.15 Glasshouse repairs$201.25 Application filing fee$27.00 Subtotal$7,153.46 Less bond–$2,120.00 Balance payable by tenant$5,033.46

Reasons

The Landlord attended the hearing.
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 2 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. Total: $3,482.86

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: s 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The Landlord has supplied photographs before and after the tenancy and oral evidence.
The Tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The Landlord engaged professionals to carry out a full house clean and remove rubbish from the property. The invoice provided supports the amount claimed. Total: $345.00
The Tenant did not return the keys. The Landlord had a new key cut. Total: $204.75
The Landlord also had to carry out section maintenance to prepare the gardens and outdoor areas for re-letting. This included weeding and clearing overgrown areas at the front and rear of the property, as well as the removal of green waste behind the glasshouse. Total: $220.00
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 occurred during the tenancy and is more than fair wear and tear: a. The mesh flyscreen on the front door was torn and had to be replaced. Total: $180.46 b. A lounge window was broken during the tenancy. The Tenant acknowledged liability for this. Total: $152.49 c. The carpet was left dirty with organic material and required JetVac cleaning. Total: $262.50 d. The Tenant’s dog tore down insulation from beneath the house. The Landlord has provided a quote for reinstating the underfloor insulation. Total: $1,932.00 e. A kitchen power point was damaged and had to be repaired. Total: $145.15 f. The glasshouse suffered broken panes during the tenancy and required repairs. Total: $201.25
The amounts claimed are supported by evidence, and the repairs were reasonably necessary. The total amounts are awarded as claimed. The Tenant has not come to the hearing and so the Landlord’s evidence proceeds unchallenged.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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 the Landlord has succeeded in its claim I must reimburse its filing fee. Corrigendum
There has been a correction of the Order to reflect the arrears as at the date of the hearing.

Tenancy Tribunal case 5128528 — Property damage at 228 Balmoral Drive, Tokoroa, Tokoroa 3420

Tenancy Tribunal case 5128528 — Property damage at 228 Balmoral Drive, Tokoroa, Tokoroa 3420

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?

Property management

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?

Property management