What was Tenancy Tribunal case 5298370 about?

The tribunal order states: [The tenant/s] must pay Property Brokers Limited As Agent For Marotiri School

How much money was awarded in case 5298370?

Cleaning: $782.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $835.00 awarded to landlord; Rent Arrears: $771.43 awarded to landlord

What type of tenancy dispute was case 5298370?

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

Where can I read the official tribunal order for case 5298370?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12443027-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5298370 about?

The tribunal order states: [The tenant/s] must pay Property Brokers Limited As Agent For Marotiri School

How much money was awarded in case 5298370?

Cleaning: $782.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $835.00 awarded to landlord; Rent Arrears: $771.43 awarded to landlord

What type of tenancy dispute was case 5298370?

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

Where can I read the official tribunal order for case 5298370?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12443027-Tenancy_Tribunal_Order.pdf.

1579 Tihoi Road, Marotiri, Taupo 3492 Tenancy Tribunal Case 5298370 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5298370 — net $2,416.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 December 2024	$771.43	Rent arrears to 31 December 2024
Carpet Cleaning	$782.00	Carpet Cleaning
Window repairs	$835.00	Window repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,416.43
Total payable by Tenant to Landlord	$2,416.43

The landlord attended the hearing by phone. An attempt was made to join the tenant to the hearing by phone, but the call went to voicemail. As the tenant had notice of the hearing it proceeded in her absence.

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

How much is owed for rent?

The tenancy ended on 31 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

The bond had been released to the landlord earlier to reduce the rent arrears owed.

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 claimed for carpet cleaning which is 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.

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: three broken windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Because Property Brokers Limited As Agent For Marotiri School Board Of Trustees has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5298370 — net $2,416.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 December 2024	$771.43	Rent arrears to 31 December 2024
Carpet Cleaning	$782.00	Carpet Cleaning
Window repairs	$835.00	Window repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,416.43
Total payable by Tenant to Landlord	$2,416.43

Order

[The tenant/s] must pay Property Brokers Limited As Agent For Marotiri School Board Of Trustees $2,416.43 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by phone. An attempt was made to join the tenant to the hearing by phone, but the call went to voicemail. As the tenant had notice of the hearing it proceeded in her absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 31 December 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The bond had been released to the landlord earlier to reduce the rent arrears owed.

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 claimed for carpet cleaning which is 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.
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: three broken windows. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Because Property Brokers Limited As Agent For Marotiri School Board Of Trustees has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5298370 — Property damage at 1579 Tihoi Road, Marotiri, Taupo 3492

At a glance

Tenancy Tribunal case 5298370 — Property damage at 1579 Tihoi Road, Marotiri, Taupo 3492

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