What was the outcome of Tenancy Tribunal case 5236098?

The tribunal order states: Monique Sheree Scott must pay Rentcare Property Management Limited

How much money was awarded in case 5236098?

Cleaning: $462.00 awarded to landlord; Cleaning: $282.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $830.19 awarded to landlord; Rent Arrears: $1,485.71 awarded to landlord; wall painting and plastering of hall…: $2,148.12 awarded to landlord

What type of tenancy dispute was case 5236098?

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

Where can I read the official tribunal order for case 5236098?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11991051-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5236098?

The tribunal order states: Monique Sheree Scott must pay Rentcare Property Management Limited

How much money was awarded in case 5236098?

Cleaning: $462.00 awarded to landlord; Cleaning: $282.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $830.19 awarded to landlord; Rent Arrears: $1,485.71 awarded to landlord; wall painting and plastering of hall…: $2,148.12 awarded to landlord

What type of tenancy dispute was case 5236098?

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

Where can I read the official tribunal order for case 5236098?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11991051-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 27 Main Road, Wainuiomata, Lower Hutt 5014 Tenancy Tribunal Case 5236098 — Property damage

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Unit/Flat 3, 27 Main Road, Wainuiomata, Lower Hutt 5014 Tenancy Tribunal Case 5236098 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5236098 — net $2,635.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/10/2024	$1,485.71	Rent arrears to 17/10/2024
Cleaning	$282.50	Cleaning
Carpet Cleaning	$462.00	Carpet Cleaning
Window repairs	$830.19	Window repairs
Repairs: wall painting and plastering of hallway stairwell, bathroom, living room and kitchen	$2,148.12	Repairs: wall painting and plastering of hallway stairwell, bathroom, living room and kitchen
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,635.52
Total payable by Tenant to Landlord	$2,635.52

Claims and awards for application 5236098 — net $2,635.52 NZD. Verify on MoJ.

Rent arrears to 17/10/2024

Amount: $1,485.71
Awarded to: Landlord
Reason: Rent arrears to 17/10/2024

Cleaning

Amount: $282.50
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $462.00
Awarded to: Landlord
Reason: Carpet Cleaning

Window repairs

Amount: $830.19
Awarded to: Landlord
Reason: Window repairs

Repairs: wall painting and plastering of hallway stairwell, bathroom, living room and kitchen

Amount: $2,148.12
Awarded to: Landlord
Reason: Repairs: wall painting and plastering of hallway stairwell, bathroom, living room and kitchen

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears

Order

Monique Sheree Scott must pay Rentcare Property Management Limited $2,635.52 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6505421-002) to Rentcare Property Management Limited immediately.

Reasons

Only the landlord attended the remote 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 17 October 2024. 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, 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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
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 walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5236098 — net $2,635.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17/10/2024	$1,485.71	Rent arrears to 17/10/2024
Cleaning	$282.50	Cleaning
Carpet Cleaning	$462.00	Carpet Cleaning
Window repairs	$830.19	Window repairs
Repairs: wall painting and plastering of hallway stairwell, bathroom, living room and kitchen	$2,148.12	Repairs: wall painting and plastering of hallway stairwell, bathroom, living room and kitchen
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,635.52
Total payable by Tenant to Landlord	$2,635.52

Claims and awards for application 5236098 — net $2,635.52 NZD. Verify on MoJ.

Rent arrears to 17/10/2024

Amount: $1,485.71
Awarded to: Landlord
Reason: Rent arrears to 17/10/2024

Cleaning

Amount: $282.50
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $462.00
Awarded to: Landlord
Reason: Carpet Cleaning

Window repairs

Amount: $830.19
Awarded to: Landlord
Reason: Window repairs

Repairs: wall painting and plastering of hallway stairwell, bathroom, living room and kitchen

Amount: $2,148.12
Awarded to: Landlord
Reason: Repairs: wall painting and plastering of hallway stairwell, bathroom, living room and kitchen

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears

Order

Monique Sheree Scott must pay Rentcare Property Management Limited $2,635.52 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6505421-002) to Rentcare Property Management Limited immediately.

Reasons

Only the landlord attended the remote 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 17 October 2024. 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, 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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
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 walls were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 5236098 — Property damage at Unit/Flat 3, 27 Main Road, Wainuiomata, Lower Hutt 5014

At a glance

Tenancy Tribunal case 5236098 — Property damage at Unit/Flat 3, 27 Main Road, Wainuiomata, Lower Hutt 5014

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

Property management

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

Property management

Frequently asked questions