What was the outcome of Tenancy Tribunal case 5195791?

The tribunal order states: Issachar Taruke Morunga must pay Chris And Joanne Donkin T/A C&J Property

How much money was awarded in case 5195791?

Cleaning: $53.52 awarded to landlord; Cleaning: $443.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $133.97 awarded to landlord; Lightbulbs: $98.81 awarded to landlord; Previous Order Application 5089493 D…: $953.60 awarded to landlord; Property Damage: $28.50 awarded to landlord; Curtain Rail: $31.49 awarded to landlord; Property Damage: $2,844.32 awarded to landlord; Replace Furnishings: Shower Curtain: $11.99 awarded to landlord; Replace Heat Pump Remote: $40.99 awarded to landlord; Rubbish Removal: $261.62 awarded to landlord; Rubbish Removal: $183.54 awarded to landlord; Rubbish Removal: $25.50 awarded to landlord; Rubbish Removal: $115.00 awarded to landlord

What type of tenancy dispute was case 5195791?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5195791?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11820906-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5195791?

The tribunal order states: Issachar Taruke Morunga must pay Chris And Joanne Donkin T/A C&J Property

How much money was awarded in case 5195791?

Cleaning: $53.52 awarded to landlord; Cleaning: $443.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $133.97 awarded to landlord; Lightbulbs: $98.81 awarded to landlord; Previous Order Application 5089493 D…: $953.60 awarded to landlord; Property Damage: $28.50 awarded to landlord; Curtain Rail: $31.49 awarded to landlord; Property Damage: $2,844.32 awarded to landlord; Replace Furnishings: Shower Curtain: $11.99 awarded to landlord; Replace Heat Pump Remote: $40.99 awarded to landlord; Rubbish Removal: $261.62 awarded to landlord; Rubbish Removal: $183.54 awarded to landlord; Rubbish Removal: $25.50 awarded to landlord; Rubbish Removal: $115.00 awarded to landlord

What type of tenancy dispute was case 5195791?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5195791?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11820906-Tribunal_Order.pdf.

73 Union Street, Opotiki, Opotiki 3122 Tenancy Tribunal Case 5195791 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5195791 — net $5,252.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5089493 dated 07/02/2025	$953.60	Previous order application 5089493 dated 07/02/2025
Carpet Cleaning	$53.52	Carpet Cleaning
Cleaning: Labour + product	$443.00	Cleaning: Labour + product
Rubbish removal: Refuse station fee	$183.54	Rubbish removal: Refuse station fee
Rubbish removal: Labour	$261.62	Rubbish removal: Labour
Rubbish removal: Trailer hire	$115.00	Rubbish removal: Trailer hire
Rubbish removal: rubbish bags	$25.50	Rubbish removal: rubbish bags
Lock/key replacement	$28.50	Lock/key replacement
Lawns and Garden work	$133.97	Lawns and Garden work
Replace heat pump remote	$40.99	Replace heat pump remote
Replace light bulbs and light shades	$98.81	Replace light bulbs and light shades
Repairs: Walls damage	$2,844.32	Repairs: Walls damage
Repairs: Curtain rail	$31.49	Repairs: Curtain rail
Filing fee reimbursement	$27.00	Filing fee reimbursement
Replace furnishings: Shower curtain	$11.99	Replace furnishings: Shower curtain
Net award	$5,252.85
Total payable by Tenant to Landlord	$5,252.85

Issachar Taruke Morunga must pay Chris And Joanne Donkin T/A C&J Property Management As Agent For Michael Meyer $5,252.85 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 7 February 2025 under application 5089493.

The balance of the claim is dismissed.

Reasons

The landlord attended the hearing by video call.

The tenant did not attend the hearing. She was telephoned on the phone number provided shortly before the hearing commenced but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.

The landlord has applied for compensation and reimbursement of the filing fee following 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 tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Carpet cleaning and garden work was also required.

The tenant did not return the keys.

The following chattels were missing at the end of the tenancy: the heat pump remote, light shades and the shower curtain. The landlord had to replace light bulbs.

The amounts ordered are proved with a pre tenancy inspection report, end of tenancy photographs and invoices.

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: The walls were damaged, the damage appears intentional, and a curtain rail was damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have declined to award compensation for damaged window handles as I am not satisfied the damage was more than fair wear and tear. The landlord did not pursue the costs of a socket adaptor.

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. The amounts ordered are for repairs only. Previous order

On 7 February 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 12/2/25, water rates and payment of the bond. The previous order is incorporated into this order for enforcement purposes. Filing fee

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee. Suppression

The landlord confirmed that name suppression was not sought.

Claims and awards in Tenancy Tribunal application 5195791 — net $5,252.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5089493 dated 07/02/2025	$953.60	Previous order application 5089493 dated 07/02/2025
Carpet Cleaning	$53.52	Carpet Cleaning
Cleaning: Labour + product	$443.00	Cleaning: Labour + product
Rubbish removal: Refuse station fee	$183.54	Rubbish removal: Refuse station fee
Rubbish removal: Labour	$261.62	Rubbish removal: Labour
Rubbish removal: Trailer hire	$115.00	Rubbish removal: Trailer hire
Rubbish removal: rubbish bags	$25.50	Rubbish removal: rubbish bags
Lock/key replacement	$28.50	Lock/key replacement
Lawns and Garden work	$133.97	Lawns and Garden work
Replace heat pump remote	$40.99	Replace heat pump remote
Replace light bulbs and light shades	$98.81	Replace light bulbs and light shades
Repairs: Walls damage	$2,844.32	Repairs: Walls damage
Repairs: Curtain rail	$31.49	Repairs: Curtain rail
Filing fee reimbursement	$27.00	Filing fee reimbursement
Replace furnishings: Shower curtain	$11.99	Replace furnishings: Shower curtain
Net award	$5,252.85
Total payable by Tenant to Landlord	$5,252.85

Order

Issachar Taruke Morunga must pay Chris And Joanne Donkin T/A C&J Property Management As Agent For Michael Meyer $5,252.85 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 7 February 2025 under application 5089493.
The balance of the claim is dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant did not attend the hearing. She was telephoned on the phone number provided shortly before the hearing commenced but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for compensation and reimbursement of the filing fee following 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 tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Carpet cleaning and garden work was also required.
The tenant did not return the keys.
The following chattels were missing at the end of the tenancy: the heat pump remote, light shades and the shower curtain. The landlord had to replace light bulbs.
The amounts ordered are proved with a pre tenancy inspection report, end of tenancy photographs and invoices.

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: The walls were damaged, the damage appears intentional, and a curtain rail was damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have declined to award compensation for damaged window handles as I am not satisfied the damage was more than fair wear and tear. The landlord did not pursue the costs of a socket adaptor.
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. The amounts ordered are for repairs only. Previous order
On 7 February 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 12/2/25, water rates and payment of the bond. The previous order is incorporated into this order for enforcement purposes. Filing fee
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee. Suppression
The landlord confirmed that name suppression was not sought.

Tenancy Tribunal case 5195791 — Property damage at 73 Union Street, Opotiki, Opotiki 3122

At a glance

Tenancy Tribunal case 5195791 — Property damage at 73 Union Street, Opotiki, Opotiki 3122

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