What was the outcome of Tenancy Tribunal case 5169071?

The tribunal order states: Wi Tekani and Christine Simon to pay Tremain Property Management Limited

How much money was awarded in case 5169071?

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 5169071?

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

Where can I read the official tribunal order for case 5169071?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11634874-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5169071?

The tribunal order states: Wi Tekani and Christine Simon to pay Tremain Property Management Limited

How much money was awarded in case 5169071?

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 5169071?

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

Where can I read the official tribunal order for case 5169071?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11634874-Tenancy_Tribunal_Order.pdf.

14 Wrigley Road, Fordlands, Rotorua 3015 Tenancy Tribunal Case 5169071 — Property damage

Order

Wi Tekani and Christine Simon to pay Tremain Property Management Limited $10,069.82 immediately, calculated as follows: Claim DescriptionLandlord Rent Arrears$2,805.71 Locksmith$316.55 Cleaning Charges$300.00 Rubbish Removal During Tenancy$700.00 Rubbish Removal (Post-Tenancy)$380.00 Lawn Mow (Post-Tenancy)$220.00 Glass Window Repair (Approved in Part)$84.85 Garage Door Replacement$2,167.46 Garage Lock Handle$178.25 Garage Flashing Replacement$150.00 Handyman Repairs and Painting$1,750.00 Laundry Vinyl Replacement$500.00 Heat Pump Remote$150.00 Meth Insurance Excess$2,500.00 Tribunal Filing Fees$78.44.00 Total$12,281.26 Minus Bond-$2,160.00 Tenant to Pay$10,121.26
Bond Centre to pay the full bond of $2,160.00 to Tremain Property Management Limited immediately.

Reasons

Both parties 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 23 December 2024. The Landlord provided rent records which prove the amount owing at the end of the tenancy: $2,805.71

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: section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
I address the Landlord’s claims, together with supporting oral evidence and pre- tenancy and post-tenancy photographs, where available, in turn:
Locksmith ($316.55): The Tenant failed to return the keys at the end of the tenancy, necessitating the rekeying of the front, back and laundry door locks and provision of new keys. The Tenant’s accept this claim. Approved.
Cleaning Charges ($300.00): The property required general cleaning at the end of the tenancy. The Tenants accept this claim. Approved.
Rubbish Removal During Tenancy ($700.00): Rubbish required removal during the tenancy and included multiple dump fees, labour, and time/travel. The Tenants accept this claim. Approved.
Further Rubbish Removal and Lawn Mow at Vacated ($943.00): Two loads of rubbish were removed, and the lawns mowed after the tenancy ended. The Tenants accepted the claim but said that neighbours often dump rubbish at recently vacated properties. I approve the lawns claim, as I discern the Tenant’s left in a hurry and the lawns and grounds were not left reasonably clean and tidy ($220.00). I accept this explanation in part and note they identified items in the photographs that were not theirs, stored in an unsecured garage. However, given the overall condition in which the premises were left, I find the tenants primarily responsible, though the landlord must share some responsibility. A better system for securing the premises between tenancies is required considering the practical realities of living in this area, with dishonest people who take advantage of others. I approve $380.00 for rubbish removal post-tenancy.

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 was caused during the tenancy: a. Glass Window Repair ($457.98): Only $84.85 is awarded for a broken bedroom window, as the Landlord has not established with photographs or invoice detail that other glass damage, including to the garage, was caused during the tenancy. Approved in part. b. Garage Door Repairs ($2,167.46): The roller door was extensively bent and dented and required full replacement. This was confirmed by a site inspection, and the nature of the damage could not be attributed to fair wear and tear. Approved in full – I accept that depreciation and betterment would be de minimis. I further approve: i. Garage rear door lock handle fitted – the Tenant acknowledges the damage: $178.25 ii. Replace the flashing around the door – claim imprecise, but Tenant appeared to understand the issue and accepted responsibility: $150.00
Handyman Repairs and Painting ($1,750.00): The Tenant admitted to painting parts of the property, which caused damage requiring sanding, sealing, and repainting of walls and ceilings. Photographs support the damage. Approved.
Laundry Vinyl Replacement ($500.00): The vinyl floor required replacement, including lifting, sanding and relaying. The Tenant acknowledged responsibility for this also. Approved.
Heat Pump Remote ($150.00): The remote was missing at the end of the tenancy and required replacement. Approved.
Meth Insurance Excess ($2,500.00): The Landlord claims the insurance excess for meth contamination, as established at the previous hearing where the tenancy was terminated due to high post-tenancy meth levels. Approved, with leave reserved to claim any balance not covered by insurance.
Fence and Gate Repairs ($1,130.00): The Landlord could not establish that the Tenant was responsible for damage to the fence, posts, or letterbox. There is evidence of a vehicle crash but no link to the Tenant. Not awarded.
The amounts ordered are proved.
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 wholly succeeded with its application I reimburse to it the application filing fee of $27.00.

Tenancy Tribunal case 5169071 — Property damage at 14 Wrigley Road, Fordlands, Rotorua 3015

Tenancy Tribunal case 5169071 — Property damage at 14 Wrigley Road, Fordlands, Rotorua 3015

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