How much money was awarded in case 5183231?

Filing Fee: $27.00 awarded to landlord; Previous Order 9.1.25 Application 50…: $7,174.00 awarded to landlord; Property Damage: $70.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $91.97 awarded to landlord; Rent Arrears: $650.00 awarded to landlord; Vegetable Garden Wall: $1,490.00 awarded to landlord; Replace Carpet: $1,000.00 awarded to landlord; Replace Cook Top: $99.00 awarded to landlord; Replace Curtains: $125.00 awarded to landlord; Rubbish Removal: $828.00 awarded to landlord; Rubbish Removal: $2,000.00 awarded to landlord; Smoke Alarms: $21.99 awarded to landlord

What type of tenancy dispute was case 5183231?

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

Where can I read the official tribunal order for case 5183231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880603-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5183231?

Filing Fee: $27.00 awarded to landlord; Previous Order 9.1.25 Application 50…: $7,174.00 awarded to landlord; Property Damage: $70.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $91.97 awarded to landlord; Rent Arrears: $650.00 awarded to landlord; Vegetable Garden Wall: $1,490.00 awarded to landlord; Replace Carpet: $1,000.00 awarded to landlord; Replace Cook Top: $99.00 awarded to landlord; Replace Curtains: $125.00 awarded to landlord; Rubbish Removal: $828.00 awarded to landlord; Rubbish Removal: $2,000.00 awarded to landlord; Smoke Alarms: $21.99 awarded to landlord

What type of tenancy dispute was case 5183231?

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

Where can I read the official tribunal order for case 5183231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880603-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5183231 — Property damage

Q: What was Tenancy Tribunal case 5183231 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 5183231 — net $13,826.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 January 2025	$650.00	Rent arrears to 23 January 2025
Rubbish removal: Skip bin hire	$2,000.00	Rubbish removal: Skip bin hire
Rubbish removal: Labour	$828.00	Rubbish removal: Labour
Repairs: vegetable garden wall	$1,490.00	Repairs: vegetable garden wall
Lock/key replacement	$70.00	Lock/key replacement
Replace carpet	$1,000.00	Replace carpet
Repairs, lock repair rehang curtains	$250.00	Repairs, lock repair rehang curtains
Replace cook top	$99.00	Replace cook top
Replace curtains	$125.00	Replace curtains
Replace smoke alarms	$21.99	Replace smoke alarms
Toilet seat replacement and installation	$91.97	Toilet seat replacement and installation
Previous Order 9.1.25 application 5087591	$7,174.00	Previous Order 9.1.25 application 5087591
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$13,826.96
Total payable by Tenant to Landlord	$13,826.96

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

Sean James Clarke, Chevy Stream Norman Lyon and Aron James Williams must pay Auckland & Waikato Property Management Limited $13,826.96 immediately, calculated as shown in the table below.

Auckland & Waikato Property Management Limited must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

The amount owing to the applicant out of the proceeds of any sale is $13,826.96.

Auckland & Waikato Property Management Limited must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

This matter was scheduled for an in person hearing at the Hastings District Court.

It became apparent that the applicant had incorrectly given an address in Otane for the premises. After considering the file, to avoid further delay, I directed that rather than adjourning the matter for a hearing in Hamilton, the hearing should instead proceed by teleconference. The parties were notified accordingly.

The landlord attended the hearing. The tenants were unable to be contacted at the numbers specified. The Tribunal was assisted by an interpreter for the landlord.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The landlord has requested that separate awards of compensation be made against each of the tenants, reflecting the landlord’s view of their responsibility. It seems that different areas of the premises were occupied by different tenants.

There is however only one agreement under which the tenants are jointly and severally liable for performance of the tenants’ joint obligations. The Tribunal has neither the evidential basis nor the jurisdiction to apportion liability between joint tenants.

How much is owed for rent?

The tenancy was ended on 16 January 2025 by Order of the Tribunal dated 9 January 2024 (application 5087591), “the January Order”.

The balance owing under the January Order is incorporated into his Order which supersedes and replaces it.

The tenants did not vacate the premises as Ordered and were evicted on 24 January 2025. The tenant are liable for rent until possession was returned to the landlord (See s.60(1) RTA).

The landlord seeks recovery of the fee paid to the bailiff on eviction. It is a cost flowing from the tenant's breach of its obligation to quit the premises on termination so is recoverable. However it is a cost that is automatically included by the District Court’s process when the landlord seeks to enforce an order through the District Court. So I do not award it today to avoid potential duplication of the cost.

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 has provided entry and exit photographs.

Those photographs show that after vacating, the tenants left a very large quantity of material on the premises with sheds full of rubbish and various goods, several car bodies, boats caravans and other large items.

The landlord hired 4 large skip bins @ $500.00 each, as proved by the invoices provided. The landlord hired labour to fill the bins and has provided the contractor’s invoice. The landlord is entitled to be reimbursed those costs.

The landlord has applied for the disposal of the cars, caravans, boats and other larger items that could not be disposed of in the skip bins, some of which may have some value.

The landlord is unable to contact the tenants.

It is not practicable for the landlord to the return those goods to the tenants. Some of the goods may have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.

The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).

The landlord may dispose of any remaining goods that have no saleable value.

The tenant did not return the keys and is entitled to be compensated for the cost of key/ lock replacement and replacement of smoke alarms removed during the tenancy, as proved by the invoices provided.

The landlord is also entitled to be reimbursed the cost of a cooktop provided during the tenancy and curtains that were new when the tenancy began that were removed.

Replacement cost is proved. Depreciation allowance is made in respect of the curtains.

Are the tenants 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.

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.

During the tenancy: a. a concrete garden retaining wall was destroyed; b. carpet in one of the rooms was damaged by dog urine and tattoo ink, to the extent that it requires replacement; c. a toilet seat was broken; d. a lock was broken.

Insurance claims in respect of that damage were made by the landlord but declined by the insurer.

The landlord has provided quotes for rebuilding the retaining wall and replacement of the carpet, neither of which has yet been done.

I accept the property manager’s assurance that the compensation awarded will be applied to that repair/ replacement.

Depreciation allowance is made for the carpet replacement cost. The carpet was new at the start of the tenancy.

Contractor invoices prove the cost of repairing the toilet seat, rehanging curtains and repairing the lock, which are reasonable.

The landlord’s claim for gas bottle hire is declined. Tenants are responsible for usage charges for utilities. Provision of the gas bottles themselves is not a consumption charge and is a landlord’s cost.

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

Claims and awards in Tenancy Tribunal application 5183231 — net $13,826.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 January 2025	$650.00	Rent arrears to 23 January 2025
Rubbish removal: Skip bin hire	$2,000.00	Rubbish removal: Skip bin hire
Rubbish removal: Labour	$828.00	Rubbish removal: Labour
Repairs: vegetable garden wall	$1,490.00	Repairs: vegetable garden wall
Lock/key replacement	$70.00	Lock/key replacement
Replace carpet	$1,000.00	Replace carpet
Repairs, lock repair rehang curtains	$250.00	Repairs, lock repair rehang curtains
Replace cook top	$99.00	Replace cook top
Replace curtains	$125.00	Replace curtains
Replace smoke alarms	$21.99	Replace smoke alarms
Toilet seat replacement and installation	$91.97	Toilet seat replacement and installation
Previous Order 9.1.25 application 5087591	$7,174.00	Previous Order 9.1.25 application 5087591
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$13,826.96
Total payable by Tenant to Landlord	$13,826.96

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Sean James Clarke, Chevy Stream Norman Lyon and Aron James Williams must pay Auckland & Waikato Property Management Limited $13,826.96 immediately, calculated as shown in the table below.
Auckland & Waikato Property Management Limited must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $13,826.96.
Auckland & Waikato Property Management Limited must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

This matter was scheduled for an in person hearing at the Hastings District Court.
It became apparent that the applicant had incorrectly given an address in Otane for the premises. After considering the file, to avoid further delay, I directed that rather than adjourning the matter for a hearing in Hamilton, the hearing should instead proceed by teleconference. The parties were notified accordingly.
The landlord attended the hearing. The tenants were unable to be contacted at the numbers specified. The Tribunal was assisted by an interpreter for the landlord.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord has requested that separate awards of compensation be made against each of the tenants, reflecting the landlord’s view of their responsibility. It seems that different areas of the premises were occupied by different tenants.
There is however only one agreement under which the tenants are jointly and severally liable for performance of the tenants’ joint obligations. The Tribunal has neither the evidential basis nor the jurisdiction to apportion liability between joint tenants.

How much is owed for rent?

The tenancy was ended on 16 January 2025 by Order of the Tribunal dated 9 January 2024 (application 5087591), “the January Order”.
The balance owing under the January Order is incorporated into his Order which supersedes and replaces it.
The tenants did not vacate the premises as Ordered and were evicted on 24 January 2025. The tenant are liable for rent until possession was returned to the landlord (See s.60(1) RTA).
The landlord seeks recovery of the fee paid to the bailiff on eviction. It is a cost flowing from the tenant's breach of its obligation to quit the premises on termination so is recoverable. However it is a cost that is automatically included by the District Court’s process when the landlord seeks to enforce an order through the District Court. So I do not award it today to avoid potential duplication of the cost.

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 has provided entry and exit photographs.
Those photographs show that after vacating, the tenants left a very large quantity of material on the premises with sheds full of rubbish and various goods, several car bodies, boats caravans and other large items.
The landlord hired 4 large skip bins @ $500.00 each, as proved by the invoices provided. The landlord hired labour to fill the bins and has provided the contractor’s invoice. The landlord is entitled to be reimbursed those costs.
The landlord has applied for the disposal of the cars, caravans, boats and other larger items that could not be disposed of in the skip bins, some of which may have some value.
The landlord is unable to contact the tenants.
It is not practicable for the landlord to the return those goods to the tenants. Some of the goods may have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any remaining goods that have no saleable value.
The tenant did not return the keys and is entitled to be compensated for the cost of key/ lock replacement and replacement of smoke alarms removed during the tenancy, as proved by the invoices provided.
The landlord is also entitled to be reimbursed the cost of a cooktop provided during the tenancy and curtains that were new when the tenancy began that were removed.
Replacement cost is proved. Depreciation allowance is made in respect of the curtains.

Are the tenants 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.
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.
During the tenancy: a. a concrete garden retaining wall was destroyed; b. carpet in one of the rooms was damaged by dog urine and tattoo ink, to the extent that it requires replacement; c. a toilet seat was broken; d. a lock was broken.
Insurance claims in respect of that damage were made by the landlord but declined by the insurer.
The landlord has provided quotes for rebuilding the retaining wall and replacement of the carpet, neither of which has yet been done.
I accept the property manager’s assurance that the compensation awarded will be applied to that repair/ replacement.
Depreciation allowance is made for the carpet replacement cost. The carpet was new at the start of the tenancy.
Contractor invoices prove the cost of repairing the toilet seat, rehanging curtains and repairing the lock, which are reasonable.
The landlord’s claim for gas bottle hire is declined. Tenants are responsible for usage charges for utilities. Provision of the gas bottles themselves is not a consumption charge and is a landlord’s cost.
Because [The applicant/s] has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5183231 — Property damage

At a glance

Tenancy Tribunal case 5183231 — Property damage

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?

Are the tenants 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?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions