What was Tenancy Tribunal case 5256880 about?

The tribunal order states: [The tenant/s] must pay Immanuel Enterprises Limited T/As Staywell

How much money was awarded in case 5256880?

Cleaning: $3,588.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawnmowing: $345.00 awarded to landlord; Property Damage: $161.00 awarded to landlord; Property Damage: $10,529.40 awarded to landlord; Property Damage: $230.00 awarded to landlord; Walls: $13,800.00 awarded to landlord; Replace Furnishings: Curtains: $747.50 awarded to landlord; Rubbish Removal: $5,506.20 awarded to landlord

What type of tenancy dispute was case 5256880?

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

Where can I read the official tribunal order for case 5256880?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12755400-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5256880 about?

The tribunal order states: [The tenant/s] must pay Immanuel Enterprises Limited T/As Staywell

How much money was awarded in case 5256880?

Cleaning: $3,588.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawnmowing: $345.00 awarded to landlord; Property Damage: $161.00 awarded to landlord; Property Damage: $10,529.40 awarded to landlord; Property Damage: $230.00 awarded to landlord; Walls: $13,800.00 awarded to landlord; Replace Furnishings: Curtains: $747.50 awarded to landlord; Rubbish Removal: $5,506.20 awarded to landlord

What type of tenancy dispute was case 5256880?

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

Where can I read the official tribunal order for case 5256880?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12755400-Tenancy_Tribunal_Order.pdf.

511 Mill Road, Takanini, RD 2, Takanini 2582 Tenancy Tribunal Case 5256880 — Property damage

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511 Mill Road, Takanini, RD 2, Takanini 2582 Tenancy Tribunal Case 5256880 — 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 5256880 — net $34,934.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ground cleanup, including overgrown weeds, nails aluminium cans, and glass shards	$3,588.00	Ground cleanup, including overgrown weeds, nails aluminium cans, and glass shards
Repairs: outdoor light poles damaged by the tenant’s truck	$230.00	Repairs: outdoor light poles damaged by the tenant’s truck
Repairs: walls	$13,800.00	Repairs: walls
Repairs: carpet replacement	$10,529.40	Repairs: carpet replacement
Rubbish removal	$5,506.20	Rubbish removal
Lawnmowing	$345.00	Lawnmowing
Replace furnishings: curtains	$747.50	Replace furnishings: curtains
Garage door remote control replacement	$161.00	Garage door remote control replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$34,934.10
Total payable by Tenant to Landlord	$34,934.10

Claims and awards for application 5256880 — net $34,934.10 NZD. Verify on MoJ.

Ground cleanup, including overgrown weeds, nails aluminium cans, and glass shards

Amount: $3,588.00
Awarded to: Landlord
Reason: Ground cleanup, including overgrown weeds, nails aluminium cans, and glass shards

Repairs: outdoor light poles damaged by the tenant’s truck

Amount: $230.00
Awarded to: Landlord
Reason: Repairs: outdoor light poles damaged by the tenant’s truck

Repairs: walls

Amount: $13,800.00
Awarded to: Landlord
Reason: Repairs: walls

Repairs: carpet replacement

Amount: $10,529.40
Awarded to: Landlord
Reason: Repairs: carpet replacement

Rubbish removal

Amount: $5,506.20
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] must pay Immanuel Enterprises Limited T/As Staywell Property Management As Agent For Mei-Yu Chen $34,934.10 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The tenancy of Qing-Liang Zhang at 511 Mill Road, Takanini, RD 2, Takanini 2582 was terminated, and possession granted to Immanuel Enterprises Limited, at midnight on Tuesday 21 January 2025 by Tribunal order dated 21 January 2025 under application 4973575.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy on 21 January 2025.

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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Large scale industrial materials were left behind by the tenant who used the premises to house his workers in the insulation supply and installation trade. Rubbish was left inside the premises as well as on the grounds of the property. Work orders previously issued against the tenant under application 4973575 have not been complied with.
The tenant did not return the garage remote control.
The curtains were badly soiled. The landlord had to replace them.
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 following damage was caused during the tenancy: walls, carpets, and outdoor light poles. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The damage is likely to be caused intentionally, or due to sheer recklessness whereby the tenant’s workers have misused the premises resulting in the walls and carpets to be continuously and substantially damaged, knowing that damage is a certainty.
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 5256880 — net $34,934.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ground cleanup, including overgrown weeds, nails aluminium cans, and glass shards	$3,588.00	Ground cleanup, including overgrown weeds, nails aluminium cans, and glass shards
Repairs: outdoor light poles damaged by the tenant’s truck	$230.00	Repairs: outdoor light poles damaged by the tenant’s truck
Repairs: walls	$13,800.00	Repairs: walls
Repairs: carpet replacement	$10,529.40	Repairs: carpet replacement
Rubbish removal	$5,506.20	Rubbish removal
Lawnmowing	$345.00	Lawnmowing
Replace furnishings: curtains	$747.50	Replace furnishings: curtains
Garage door remote control replacement	$161.00	Garage door remote control replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$34,934.10
Total payable by Tenant to Landlord	$34,934.10

Claims and awards for application 5256880 — net $34,934.10 NZD. Verify on MoJ.

Ground cleanup, including overgrown weeds, nails aluminium cans, and glass shards

Amount: $3,588.00
Awarded to: Landlord
Reason: Ground cleanup, including overgrown weeds, nails aluminium cans, and glass shards

Repairs: outdoor light poles damaged by the tenant’s truck

Amount: $230.00
Awarded to: Landlord
Reason: Repairs: outdoor light poles damaged by the tenant’s truck

Repairs: walls

Amount: $13,800.00
Awarded to: Landlord
Reason: Repairs: walls

Repairs: carpet replacement

Amount: $10,529.40
Awarded to: Landlord
Reason: Repairs: carpet replacement

Rubbish removal

Amount: $5,506.20
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] must pay Immanuel Enterprises Limited T/As Staywell Property Management As Agent For Mei-Yu Chen $34,934.10 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The tenancy of Qing-Liang Zhang at 511 Mill Road, Takanini, RD 2, Takanini 2582 was terminated, and possession granted to Immanuel Enterprises Limited, at midnight on Tuesday 21 January 2025 by Tribunal order dated 21 January 2025 under application 4973575.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy on 21 January 2025.

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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Large scale industrial materials were left behind by the tenant who used the premises to house his workers in the insulation supply and installation trade. Rubbish was left inside the premises as well as on the grounds of the property. Work orders previously issued against the tenant under application 4973575 have not been complied with.
The tenant did not return the garage remote control.
The curtains were badly soiled. The landlord had to replace them.
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 following damage was caused during the tenancy: walls, carpets, and outdoor light poles. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The damage is likely to be caused intentionally, or due to sheer recklessness whereby the tenant’s workers have misused the premises resulting in the walls and carpets to be continuously and substantially damaged, knowing that damage is a certainty.
The amounts ordered are proved.

Tenancy Tribunal case 5256880 — Property damage at 511 Mill Road, Takanini, RD 2, Takanini 2582

At a glance

Tenancy Tribunal case 5256880 — Property damage at 511 Mill Road, Takanini, RD 2, Takanini 2582

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