What was the outcome of Tenancy Tribunal case 5153011?

The tribunal order states: Awhina Kura-Mihirangi Ashlee Hanara must pay Rent A House Limited As

How much money was awarded in case 5153011?

Cleaning: $299.00 awarded to landlord; Cleaning: $299.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Heat Pump Remote: $200.00 awarded to landlord; Back Door: $421.47 awarded to landlord; Dents In Door And Walls: $421.47 awarded to landlord; Light Fittings: $421.47 awarded to landlord; Rubbish Removal: $349.60 awarded to landlord

What type of tenancy dispute was case 5153011?

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

Where can I read the official tribunal order for case 5153011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11725613-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5153011?

The tribunal order states: Awhina Kura-Mihirangi Ashlee Hanara must pay Rent A House Limited As

How much money was awarded in case 5153011?

Cleaning: $299.00 awarded to landlord; Cleaning: $299.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Heat Pump Remote: $200.00 awarded to landlord; Back Door: $421.47 awarded to landlord; Dents In Door And Walls: $421.47 awarded to landlord; Light Fittings: $421.47 awarded to landlord; Rubbish Removal: $349.60 awarded to landlord

What type of tenancy dispute was case 5153011?

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

Where can I read the official tribunal order for case 5153011?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11725613-Tenancy_Tribunal_Order.pdf.

35B McGiffert Street, Palmerston North, Palmerston North Tenancy Tribunal Case 5153011 — Property damage

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35B McGiffert Street, Palmerston North, Palmerston North Tenancy Tribunal Case 5153011 — Property damage | 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 5153011 — net $2,439.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$299.00	Cleaning
Carpet Cleaning	$299.00	Cleaning
Heat pump remote	$200.00	Heat pump remote
Repairs: Dents in door and walls	$421.47	Repairs: Dents in door and walls
Repairs: Light fittings	$421.47	Repairs: Light fittings
Repairs: Back door	$421.47	Repairs: Back door
Rubbish removal	$349.60	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,439.01
Total payable by Tenant to Landlord	$2,439.01

Claims and awards for application 5153011 — net $2,439.01 NZD. Verify on MoJ.

Cleaning

Amount: $299.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $299.00
Awarded to: Landlord
Reason: Cleaning

Heat pump remote

Amount: $200.00
Awarded to: Landlord
Reason: Heat pump remote

Repairs: Dents in door and walls

Amount: $421.47
Awarded to: Landlord
Reason: Repairs: Dents in door and walls

Repairs: Light fittings

Amount: $421.47
Awarded to: Landlord
Reason: Repairs: Light fittings

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Awhina Kura-Mihirangi Ashlee Hanara must pay Rent A House Limited As Agent For Owner $2,439.01 immediately, calculated as shown in table below.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
The landlord has applied for compensation and reimbursement of the filing fee following 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 landlord provided photos of the premises which show that they had not been left reasonably clean and tidy and all rubbish had not been removed. The carpets were stained with what appears to be cordial. The landlord provided copies of the invoices for rubbish removal, cleaning and carpet cleaning.
The heat pump remote was missing at the end of the tenancy. The landlord provided an invoice for the replacement of the remote. I consider that the amount claimed ($323.62) is excessive and I have reduced the claim for the replacement of the heat pump remote to $200.00.
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. The landlord is insured. The landlord’s insurance policy carries an excess on each and every claim of $700.00.
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: Walls and a door were damaged. Light fittings were damaged. The back door had been replaced at some stage by the tenants. The work on the replacement was not of a workmanlike standard and the door had to be repaired and repainted. The total claim for each of those items of damage was $1,264.41. An invoice for the work and photographs of the damage were provided in support of the landlords claim. I have allocated the claim equally between the three items. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As Rent A House Limited As Agent For Owner has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

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 5153011 — net $2,439.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$299.00	Cleaning
Carpet Cleaning	$299.00	Cleaning
Heat pump remote	$200.00	Heat pump remote
Repairs: Dents in door and walls	$421.47	Repairs: Dents in door and walls
Repairs: Light fittings	$421.47	Repairs: Light fittings
Repairs: Back door	$421.47	Repairs: Back door
Rubbish removal	$349.60	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,439.01
Total payable by Tenant to Landlord	$2,439.01

Claims and awards for application 5153011 — net $2,439.01 NZD. Verify on MoJ.

Cleaning

Amount: $299.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $299.00
Awarded to: Landlord
Reason: Cleaning

Heat pump remote

Amount: $200.00
Awarded to: Landlord
Reason: Heat pump remote

Repairs: Dents in door and walls

Amount: $421.47
Awarded to: Landlord
Reason: Repairs: Dents in door and walls

Repairs: Light fittings

Amount: $421.47
Awarded to: Landlord
Reason: Repairs: Light fittings

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Awhina Kura-Mihirangi Ashlee Hanara must pay Rent A House Limited As Agent For Owner $2,439.01 immediately, calculated as shown in table below.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
The landlord has applied for compensation and reimbursement of the filing fee following 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 landlord provided photos of the premises which show that they had not been left reasonably clean and tidy and all rubbish had not been removed. The carpets were stained with what appears to be cordial. The landlord provided copies of the invoices for rubbish removal, cleaning and carpet cleaning.
The heat pump remote was missing at the end of the tenancy. The landlord provided an invoice for the replacement of the remote. I consider that the amount claimed ($323.62) is excessive and I have reduced the claim for the replacement of the heat pump remote to $200.00.
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. The landlord is insured. The landlord’s insurance policy carries an excess on each and every claim of $700.00.
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: Walls and a door were damaged. Light fittings were damaged. The back door had been replaced at some stage by the tenants. The work on the replacement was not of a workmanlike standard and the door had to be repaired and repainted. The total claim for each of those items of damage was $1,264.41. An invoice for the work and photographs of the damage were provided in support of the landlords claim. I have allocated the claim equally between the three items. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As Rent A House Limited As Agent For Owner has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 5153011 — Property damage at 35B McGiffert Street, Palmerston North, Palmerston North

At a glance

Tenancy Tribunal case 5153011 — Property damage at 35B McGiffert Street, Palmerston North, Palmerston North

At a glance

Award balance

Claims & awards

Order

Reasons

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

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