What was Tenancy Tribunal case 5301090 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Inspire Real Estate Limited As Agent For

How much money was awarded in case 5301090?

Rubbish Removal: $898.15 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Property Damage: $1,250.00 awarded to landlord

What type of tenancy dispute was case 5301090?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5301090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12586155-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5301090 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Inspire Real Estate Limited As Agent For

How much money was awarded in case 5301090?

Rubbish Removal: $898.15 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Property Damage: $1,250.00 awarded to landlord

What type of tenancy dispute was case 5301090?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5301090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12586155-Tenancy_Tribunal_Order.pdf.

25A Bennett Street, Gonville, Whanganui 4501 Tenancy Tribunal Case 5301090 — Property damage

Tenantcheck Insights

25A Bennett Street, Gonville, Whanganui 4501 Tenancy Tribunal Case 5301090 — 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 5301090 — net $2,026.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: sliding door (limited to insurance excess	$1,250.00	Repairs: sliding door (limited to insurance excess
Repairs: oven replacement (insurance excess only	$1,250.00	Repairs: oven replacement (insurance excess only
Cleaning: including rubbish removal	$898.15	Cleaning: including rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,026.15
Total payable by Tenant to Landlord	$2,026.15

Claims and awards for application 5301090 — net $2,026.15 NZD. Verify on MoJ.

Repairs: sliding door (limited to insurance excess

Amount: $1,250.00
Awarded to: Landlord
Reason: Repairs: sliding door (limited to insurance excess

Repairs: oven replacement (insurance excess only

Amount: $1,250.00
Awarded to: Landlord
Reason: Repairs: oven replacement (insurance excess only

Cleaning: including rubbish removal

Amount: $898.15
Awarded to: Landlord
Reason: Cleaning: including rubbish removal

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,026.15

Total payable by Tenant to Landlord

Landlord $2,026.15

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage

Order

[The tenant/s] tenant/s] must pay Inspire Real Estate Limited As Agent For Kanika Pin And Tony Sea As Trustees For Heimatri Co-Operate Trust $2,026.15 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,400.00 (6417712-002) to Inspire Real Estate Limited As Agent For Kanika Pin And Tony Sea As Trustees For Heimatri Co-Operate Trust immediately. Table

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation, refund of the bond, 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 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.
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 appears to be intentionally caused during the tenancy: sliding door and the oven.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The tenant’s liability has been limited to the lesser of the actual insurance excess accordingly.

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 5301090 — net $2,026.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: sliding door (limited to insurance excess	$1,250.00	Repairs: sliding door (limited to insurance excess
Repairs: oven replacement (insurance excess only	$1,250.00	Repairs: oven replacement (insurance excess only
Cleaning: including rubbish removal	$898.15	Cleaning: including rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,026.15
Total payable by Tenant to Landlord	$2,026.15

Claims and awards for application 5301090 — net $2,026.15 NZD. Verify on MoJ.

Repairs: sliding door (limited to insurance excess

Amount: $1,250.00
Awarded to: Landlord
Reason: Repairs: sliding door (limited to insurance excess

Repairs: oven replacement (insurance excess only

Amount: $1,250.00
Awarded to: Landlord
Reason: Repairs: oven replacement (insurance excess only

Cleaning: including rubbish removal

Amount: $898.15
Awarded to: Landlord
Reason: Cleaning: including rubbish removal

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,026.15

Total payable by Tenant to Landlord

Landlord $2,026.15

Claim types — money lines allowed on this order

Rubbish Removal Filing Fee Property damage

Order

[The tenant/s] tenant/s] must pay Inspire Real Estate Limited As Agent For Kanika Pin And Tony Sea As Trustees For Heimatri Co-Operate Trust $2,026.15 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,400.00 (6417712-002) to Inspire Real Estate Limited As Agent For Kanika Pin And Tony Sea As Trustees For Heimatri Co-Operate Trust immediately. Table

Reasons

Only the landlord attended the hearing.
The landlord has applied for compensation, refund of the bond, 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 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.
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 appears to be intentionally caused during the tenancy: sliding door and the oven.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The tenant’s liability has been limited to the lesser of the actual insurance excess accordingly.

Tenancy Tribunal case 5301090 — Property damage at 25A Bennett Street, Gonville, Whanganui 4501

At a glance

Tenancy Tribunal case 5301090 — Property damage at 25A Bennett Street, Gonville, Whanganui 4501

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.