How much money was awarded in case 5159453?

Cleaning: $190.00 awarded to landlord; Rubbish Removal: $1,247.60 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $151.00 awarded to landlord; Property Damage: $2,875.00 awarded to landlord; Rent Arrears: $222.86 awarded to landlord

What type of tenancy dispute was case 5159453?

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

Where can I read the official tribunal order for case 5159453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11707776-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5159453?

Cleaning: $190.00 awarded to landlord; Rubbish Removal: $1,247.60 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $151.00 awarded to landlord; Property Damage: $2,875.00 awarded to landlord; Rent Arrears: $222.86 awarded to landlord

What type of tenancy dispute was case 5159453?

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

Where can I read the official tribunal order for case 5159453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11707776-Tribunal_Order_Redacted.pdf.

23 Pitt Street, Whanganui, Whanganui 4500 Tenancy Tribunal Case 5159453 — Property damage

Q: What was Tenancy Tribunal case 5159453 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 5159453 — net $2,713.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$222.86	Rent arrears
Cleaning: and rubbish removal	$1,247.60	Cleaning: and rubbish removal
Carpet Cleaning	$190.00	Carpet Cleaning
Lock/key replacement	$151.00	Lock/key replacement
Repairs	$2,875.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,713.46
Total payable by Tenant to Landlord	$2,713.46

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Verna Houpapa and Paul Hatata must pay [The landlord/s] $2,713.46 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$222.86 Cleaning: and rubbish removal$1,247.60 Carpet Cleaning$190.00 Lock/key replacement$151.00 Repairs$2,875.00 Filing fee reimbursement$27.00 Total award$4,713.46 Bond$2,000.00 Total payable by Tenant to Landlord$2,713.46

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 16 January 2025. 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, and return all keys. 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 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 landlord provided photographic evidence that the tenant repainted part of the lounge and the kitchen blue in a patchy, unprofessional manner. This was intentional damage, is not fair wear and tear, and the tenant has not disproved liability for the damage. The landlord is entitled to reinstate the rooms to the condition and colour they were in at the start of the tenancy.

The amount ordered is proven.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5159453 — net $2,713.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$222.86	Rent arrears
Cleaning: and rubbish removal	$1,247.60	Cleaning: and rubbish removal
Carpet Cleaning	$190.00	Carpet Cleaning
Lock/key replacement	$151.00	Lock/key replacement
Repairs	$2,875.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,713.46
Total payable by Tenant to Landlord	$2,713.46

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Verna Houpapa and Paul Hatata must pay [The landlord/s] $2,713.46 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Rent arrears$222.86 Cleaning: and rubbish removal$1,247.60 Carpet Cleaning$190.00 Lock/key replacement$151.00 Repairs$2,875.00 Filing fee reimbursement$27.00 Total award$4,713.46 Bond$2,000.00 Total payable by Tenant to Landlord$2,713.46

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 16 January 2025. 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, and return all keys. 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 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 landlord provided photographic evidence that the tenant repainted part of the lounge and the kitchen blue in a patchy, unprofessional manner. This was intentional damage, is not fair wear and tear, and the tenant has not disproved liability for the damage. The landlord is entitled to reinstate the rooms to the condition and colour they were in at the start of the tenancy.
The amount ordered is proven.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5159453 — Property damage at 23 Pitt Street, Whanganui, Whanganui 4500

At a glance

Tenancy Tribunal case 5159453 — Property damage at 23 Pitt Street, Whanganui, Whanganui 4500

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

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

Frequently asked questions