What was the outcome of Tenancy Tribunal case 5158291?

The tribunal order states: Janaya Douglas must pay Property Brokers Limited $6,243.15 immediately,

How much money was awarded in case 5158291?

Cleaning: $270.25 awarded to landlord; Cleaning: $725.83 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $160.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Rent Arrears: $1,663.00 awarded to landlord; 3 Internal Doors: $1,310.98 awarded to landlord; Cladding: $257.93 awarded to landlord; Front Door: $767.51 awarded to landlord; Hallway Cupboard: $288.07 awarded to landlord; Sliding Door: $721.51 awarded to landlord; Replace furnishings: curtains and ra…: $522.52 awarded to landlord; Property Damage: $242.05 awarded to landlord

What type of tenancy dispute was case 5158291?

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

Where can I read the official tribunal order for case 5158291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11559784-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5158291?

The tribunal order states: Janaya Douglas must pay Property Brokers Limited $6,243.15 immediately,

How much money was awarded in case 5158291?

Cleaning: $270.25 awarded to landlord; Cleaning: $725.83 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $160.00 awarded to landlord; Property Damage: $287.50 awarded to landlord; Rent Arrears: $1,663.00 awarded to landlord; 3 Internal Doors: $1,310.98 awarded to landlord; Cladding: $257.93 awarded to landlord; Front Door: $767.51 awarded to landlord; Hallway Cupboard: $288.07 awarded to landlord; Sliding Door: $721.51 awarded to landlord; Replace furnishings: curtains and ra…: $522.52 awarded to landlord; Property Damage: $242.05 awarded to landlord

What type of tenancy dispute was case 5158291?

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

Where can I read the official tribunal order for case 5158291?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11559784-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 6 Roosevelt Street, Levin, Levin 5510 Tenancy Tribunal Case 5158291 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5158291 — net $6,243.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,663.00	Rent arrears
Lock/key replacement: and lock repairs	$287.50	Lock/key replacement: and lock repairs
Carpet Cleaning	$270.25	Carpet Cleaning
Cleaning	$725.83	Cleaning
Lawns and Garden work	$160.00	Lawns and Garden work
Repairs: sliding door	$721.51	Repairs: sliding door
Repairs: front door	$767.51	Repairs: front door
Repairs: cladding	$257.93	Repairs: cladding
Repairs: hallway cupboard	$288.07	Repairs: hallway cupboard
Repairs: 3 internal doors	$1,310.98	Repairs: 3 internal doors
Window repairs: back door	$242.05	Window repairs: back door
Replace furnishings: curtains and rails	$522.52	Replace furnishings: curtains and rails
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,243.15
Total payable by Tenant to Landlord	$6,243.15

Janaya Douglas must pay Property Brokers Limited $6,243.15 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,001.00 (3139663-030) to Property Brokers Limited immediately. DescriptionLandlord Rent arrears$1,663.00 Lock/key replacement: and lock repairs$287.50 Carpet Cleaning$270.25 Cleaning$725.83 Lawns and Garden work$160.00 Repairs: sliding door$721.51 Repairs: front door$767.51 Repairs: cladding$257.93 Repairs: hallway cupboard$288.07 Repairs: 3 internal doors$1,310.98 Window repairs: back door$242.05 Replace furnishings: curtains and rails$522.52 Filing fee reimbursement$27.00 Total award$7,244.15 Bond$1,001.00 Total payable by Tenant to Landlord$6,243.15

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 19 December 2024. 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The landlord provided photographic evidence that the curtains and rails were missing at the end of the tenancy.

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 was caused during the tenancy: a. Glass in the back door was broken. This was careless damage. b. An internal sliding door had been intentionally damaged with the lock smashed off. c. The front door and frame had been intentionally damaged by the use of force. d. Outside cladding had been damaged carelessly by the tenant’ car. e. Slat boards in a hallway cupboard had been intentionally removed and required replacement. f. Three internal doors including hardware were missing at the end of the tenancy. Their removal was intentional damage.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Property Brokers Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5158291 — net $6,243.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,663.00	Rent arrears
Lock/key replacement: and lock repairs	$287.50	Lock/key replacement: and lock repairs
Carpet Cleaning	$270.25	Carpet Cleaning
Cleaning	$725.83	Cleaning
Lawns and Garden work	$160.00	Lawns and Garden work
Repairs: sliding door	$721.51	Repairs: sliding door
Repairs: front door	$767.51	Repairs: front door
Repairs: cladding	$257.93	Repairs: cladding
Repairs: hallway cupboard	$288.07	Repairs: hallway cupboard
Repairs: 3 internal doors	$1,310.98	Repairs: 3 internal doors
Window repairs: back door	$242.05	Window repairs: back door
Replace furnishings: curtains and rails	$522.52	Replace furnishings: curtains and rails
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,243.15
Total payable by Tenant to Landlord	$6,243.15

Order

Janaya Douglas must pay Property Brokers Limited $6,243.15 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,001.00 (3139663-030) to Property Brokers Limited immediately. DescriptionLandlord Rent arrears$1,663.00 Lock/key replacement: and lock repairs$287.50 Carpet Cleaning$270.25 Cleaning$725.83 Lawns and Garden work$160.00 Repairs: sliding door$721.51 Repairs: front door$767.51 Repairs: cladding$257.93 Repairs: hallway cupboard$288.07 Repairs: 3 internal doors$1,310.98 Window repairs: back door$242.05 Replace furnishings: curtains and rails$522.52 Filing fee reimbursement$27.00 Total award$7,244.15 Bond$1,001.00 Total payable by Tenant to Landlord$6,243.15

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 19 December 2024. 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord provided photographic evidence that the curtains and rails were missing at the end of the tenancy.
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 was caused during the tenancy: a. Glass in the back door was broken. This was careless damage. b. An internal sliding door had been intentionally damaged with the lock smashed off. c. The front door and frame had been intentionally damaged by the use of force. d. Outside cladding had been damaged carelessly by the tenant’ car. e. Slat boards in a hallway cupboard had been intentionally removed and required replacement. f. Three internal doors including hardware were missing at the end of the tenancy. Their removal was intentional damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Property Brokers Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5158291 — Property damage at Unit/Flat 2, 6 Roosevelt Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5158291 — Property damage at Unit/Flat 2, 6 Roosevelt Street, Levin, Levin 5510

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