What was Tenancy Tribunal case 5281120 about?

The tribunal order states: [The tenant/s] tenant/s] must pay All Things Property Limited As Agent For

How much money was awarded in case 5281120?

Filing Fee: $27.00 awarded to landlord; Property Damage: $83.00 awarded to landlord; Electrical: $894.43 awarded to landlord; Glazing: $429.00 awarded to landlord; Walls: $1,450.00 awarded to landlord; Rubbish Removal: $607.00 awarded to landlord

What type of tenancy dispute was case 5281120?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5281120?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12390007-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5281120 about?

The tribunal order states: [The tenant/s] tenant/s] must pay All Things Property Limited As Agent For

How much money was awarded in case 5281120?

Filing Fee: $27.00 awarded to landlord; Property Damage: $83.00 awarded to landlord; Electrical: $894.43 awarded to landlord; Glazing: $429.00 awarded to landlord; Walls: $1,450.00 awarded to landlord; Rubbish Removal: $607.00 awarded to landlord

What type of tenancy dispute was case 5281120?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5281120?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12390007-Tenancy_Tribunal_Order.pdf.

13A Victoria Street, Ebdentown, Upper Hutt 5018 Tenancy Tribunal Case 5281120 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5281120 — net $3,490.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal, yard work, refitting doors, mirror drawer, curtains, and new shower rail, head, and hose	$607.00	Rubbish removal, yard work, refitting doors, mirror drawer, curtains, and new shower rail, head, and hose
Lock/key replacement	$83.00	Lock/key replacement
Repairs: glazing	$429.00	Repairs: glazing
Repairs: walls	$1,450.00	Repairs: walls
Repairs: electrical	$894.43	Repairs: electrical
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,490.43
Total payable by Tenant to Landlord	$3,490.43

The landlord attended the hearing. The tenant did not connect to the hearing via the link sent to her so she was called twice on the number provided. The calls were not answered. The absence of a party does not prevent the matter from being heard and determined.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the exterior reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return all keys.

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 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: doors pulled off rails and hinges, curtains pulled down, kitchen drawer broken off, shower attachments removed, bathroom mirror and towel rail off walls, broken glass on side door, multiple holes in walls, and damaged light switches, fittings and heat pump with a missing heat pump remote. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As All Things Property Limited As Agent For Svitlana Bibikov has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5281120 — net $3,490.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal, yard work, refitting doors, mirror drawer, curtains, and new shower rail, head, and hose	$607.00	Rubbish removal, yard work, refitting doors, mirror drawer, curtains, and new shower rail, head, and hose
Lock/key replacement	$83.00	Lock/key replacement
Repairs: glazing	$429.00	Repairs: glazing
Repairs: walls	$1,450.00	Repairs: walls
Repairs: electrical	$894.43	Repairs: electrical
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,490.43
Total payable by Tenant to Landlord	$3,490.43

Order

[The tenant/s] tenant/s] must pay All Things Property Limited As Agent For Svitlana Bibikov $3,490.43 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not connect to the hearing via the link sent to her so she was called twice on the number provided. The calls were not answered. The absence of a party does not prevent the matter from being heard and determined.
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the exterior reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return all keys.
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 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: doors pulled off rails and hinges, curtains pulled down, kitchen drawer broken off, shower attachments removed, bathroom mirror and towel rail off walls, broken glass on side door, multiple holes in walls, and damaged light switches, fittings and heat pump with a missing heat pump remote. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As All Things Property Limited As Agent For Svitlana Bibikov has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5281120 — Property damage at 13A Victoria Street, Ebdentown, Upper Hutt 5018

At a glance

Tenancy Tribunal case 5281120 — Property damage at 13A Victoria Street, Ebdentown, Upper Hutt 5018

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.