What was the outcome of Tenancy Tribunal case 5182051?

The tribunal order states: Amy June Hamilton and Tony James Tanner must pay Watson Real Estate

How much money was awarded in case 5182051?

Alarm Code Reset: $149.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $220.50 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rubbish Removal: $282.12 awarded to landlord

What type of tenancy dispute was case 5182051?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5182051?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11852782-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5182051?

The tribunal order states: Amy June Hamilton and Tony James Tanner must pay Watson Real Estate

How much money was awarded in case 5182051?

Alarm Code Reset: $149.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $220.50 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rubbish Removal: $282.12 awarded to landlord

What type of tenancy dispute was case 5182051?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5182051?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11852782-Tenancy_Tribunal_Order.pdf.

2 Olive Grove, Highbury, Palmerston North 4412 Tenancy Tribunal Case 5182051 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5182051 — net $929.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Door gouge/ replacement	$250.00	Repairs: Door gouge/ replacement
Alarm code reset	$149.50	Alarm code reset
Lock/key replacement	$220.50	Lock/key replacement
Rubbish removal	$282.12	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$929.12
Total payable by Tenant to Landlord	$929.12

The landlord attended today’s hearing. The tenants were called on three separate numbers but none of the calls were answered.

The application was filed on the 28 February 2025, which was just over 2 months from when the tenancy ended. The tenants gave an email address amyhamilton928@gmail.com in the tenancy agreement and have continued to communicate with the landlord using that address. Ms Hamilton applied for a new tenancy with the landlord in February 2025 and put that same email address down as her contact details.

In the tenancy agreement it also lists a physical address different to the address of the premises as an address for service. The property manager said that this was Ms Hamilton’s mother’s address and that she understood that the tenant’s mother still lived there.

I am satisfied that the tenants have been served with the claim and given notice of today’s hearing because the claim has been sent to the physical address for service and the email addresses.

I have therefore proceeded in the absence of the tenants. The claims.

The tenancy ended on the 23 December 2024 after the landlord gave a 90 day notice for a family member to move in.

The landlord has applied for: a. Costs of repair or replacement door $ 250.00 b. Costs of resetting the alarm code $149.50 c. Change of locks $220.50 d. Removal of the tenant’s belongings left in the premises $282.12 e. Costs of meth testing $189.75 f. Filing fee

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 remove all their belongings. The landlord provided photographs of items/ rubbish left at the tenancy. The landlord had to dispose of the items at a cost of $282.12

The tenant did not return all the keys and also reset the alarm, rendering it unusable to the landlord. The landlord had to change the locks and reset the alarm.

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. 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.

I am satisfied that the tenant’s damaged the door during the tenancy. There are large gouge marks in the door, that were not in the door at the beginning of the tenancy. The damage is more than fair wear and tear. The tenant is liable for the costs of replacing the door.

The amounts ordered are proved. Methamphetamine testing.

The landlord also sought the costs of methamphetamine testing which the landlord says was necessary due to suspicious conduct at the tenancy. The results of the tests were negative. Testing for methamphetamine is a costs incurred by the landlord. Testing costs will only be awarded by the Tribunal if the property is shown to be contaminated. In this case there was no methamphetamine use. The landlord will bear the costs of the testing. Filling fee

As the landlord has been successful in most of its claims then I award the landlord the filing fee.

Claims and awards in Tenancy Tribunal application 5182051 — net $929.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Door gouge/ replacement	$250.00	Repairs: Door gouge/ replacement
Alarm code reset	$149.50	Alarm code reset
Lock/key replacement	$220.50	Lock/key replacement
Rubbish removal	$282.12	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$929.12
Total payable by Tenant to Landlord	$929.12

Order

Amy June Hamilton and Tony James Tanner must pay Watson Real Estate Limited As Agent For Julianne Mary Alve $929.12 immediately, calculated as shown in table below.

Reasons

The landlord attended today’s hearing. The tenants were called on three separate numbers but none of the calls were answered.
The application was filed on the 28 February 2025, which was just over 2 months from when the tenancy ended. The tenants gave an email address amyhamilton928@gmail.com in the tenancy agreement and have continued to communicate with the landlord using that address. Ms Hamilton applied for a new tenancy with the landlord in February 2025 and put that same email address down as her contact details.
In the tenancy agreement it also lists a physical address different to the address of the premises as an address for service. The property manager said that this was Ms Hamilton’s mother’s address and that she understood that the tenant’s mother still lived there.
I am satisfied that the tenants have been served with the claim and given notice of today’s hearing because the claim has been sent to the physical address for service and the email addresses.
I have therefore proceeded in the absence of the tenants. The claims.
The tenancy ended on the 23 December 2024 after the landlord gave a 90 day notice for a family member to move in.
The landlord has applied for: a. Costs of repair or replacement door $ 250.00 b. Costs of resetting the alarm code $149.50 c. Change of locks $220.50 d. Removal of the tenant’s belongings left in the premises $282.12 e. Costs of meth testing $189.75 f. Filing fee

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 remove all their belongings. The landlord provided photographs of items/ rubbish left at the tenancy. The landlord had to dispose of the items at a cost of $282.12
The tenant did not return all the keys and also reset the alarm, rendering it unusable to the landlord. The landlord had to change the locks and reset the alarm.
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. 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.
I am satisfied that the tenant’s damaged the door during the tenancy. There are large gouge marks in the door, that were not in the door at the beginning of the tenancy. The damage is more than fair wear and tear. The tenant is liable for the costs of replacing the door.
The amounts ordered are proved. Methamphetamine testing.
The landlord also sought the costs of methamphetamine testing which the landlord says was necessary due to suspicious conduct at the tenancy. The results of the tests were negative. Testing for methamphetamine is a costs incurred by the landlord. Testing costs will only be awarded by the Tribunal if the property is shown to be contaminated. In this case there was no methamphetamine use. The landlord will bear the costs of the testing. Filling fee
As the landlord has been successful in most of its claims then I award the landlord the filing fee.

Tenancy Tribunal case 5182051 — Property damage at 2 Olive Grove, Highbury, Palmerston North 4412

At a glance

Tenancy Tribunal case 5182051 — Property damage at 2 Olive Grove, Highbury, Palmerston North 4412

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