What was the outcome of Tenancy Tribunal case 5361559?

The tribunal order states: Jana Luanne Tui Gordon must pay Arrow Property Management Limited As

How much money was awarded in case 5361559?

Cleaning: $200.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Garage Door Remote: $237.50 awarded to landlord; Property Damage: $279.00 awarded to landlord; Towel rail, toilet seat, hinge in pa…: $249.55 awarded to landlord; Wall: $577.00 awarded to landlord; Rubbish Removal: $388.48 awarded to landlord

What type of tenancy dispute was case 5361559?

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

Where can I read the official tribunal order for case 5361559?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12993316-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5361559?

The tribunal order states: Jana Luanne Tui Gordon must pay Arrow Property Management Limited As

How much money was awarded in case 5361559?

Cleaning: $200.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Garage Door Remote: $237.50 awarded to landlord; Property Damage: $279.00 awarded to landlord; Towel rail, toilet seat, hinge in pa…: $249.55 awarded to landlord; Wall: $577.00 awarded to landlord; Rubbish Removal: $388.48 awarded to landlord

What type of tenancy dispute was case 5361559?

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

Where can I read the official tribunal order for case 5361559?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12993316-Tenancy_Tribunal_Order.pdf.

13A Pandora Rise, Huntly, Huntly 3700 Tenancy Tribunal Case 5361559 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5361559 — net $1,959.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$200.00	Cleaning
Rubbish removal	$388.48	Rubbish removal
Lock/key replacement	$279.00	Lock/key replacement
Garage door remote	$237.50	Garage door remote
Repairs: Wall	$577.00	Repairs: Wall
Repairs: Towel rail, toilet seat, hinge in pantry	$249.55	Repairs: Towel rail, toilet seat, hinge in pantry
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,959.53
Total payable by Tenant to Landlord	$1,959.53

The landlord attended the remote hearing.

The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail which indicated that the message service was unable to accept any further messages. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photos of the condition of the property at the end of the tenancy which showed that the property had not been left reasonably clean and tidy and substantial amounts of rubbish remained. The landlord provided an invoice for cleaning ($200.00) and rubbish removal ($388.48)

The tenant did not return the keys and a garage door remote. The landlord provided an invoice from a locksmith ($279.00) and a replacement garage door remote ($237.50)

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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. The landlord is insured. The landlord’s policy of insurance carries an excess of $550.00 on each and every claim.

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: • Holes in walls. • Damaged heated towel rail. • Damaged toilet seat. • Hinge in kitchen cabinet removed.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided invoices for $577.00 and $249.55 for repairs. The amounts claimed are proven and are reasonable.

As Arrow Property Management Limited As Agents For Deljax Properties Ltd. - J&A Anderson has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5361559 — net $1,959.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$200.00	Cleaning
Rubbish removal	$388.48	Rubbish removal
Lock/key replacement	$279.00	Lock/key replacement
Garage door remote	$237.50	Garage door remote
Repairs: Wall	$577.00	Repairs: Wall
Repairs: Towel rail, toilet seat, hinge in pantry	$249.55	Repairs: Towel rail, toilet seat, hinge in pantry
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,959.53
Total payable by Tenant to Landlord	$1,959.53

Order

Jana Luanne Tui Gordon must pay Arrow Property Management Limited As Agents For Deljax Properties Ltd. - J&A Anderson $1,959.53 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail which indicated that the message service was unable to accept any further messages. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photos of the condition of the property at the end of the tenancy which showed that the property had not been left reasonably clean and tidy and substantial amounts of rubbish remained. The landlord provided an invoice for cleaning ($200.00) and rubbish removal ($388.48)
The tenant did not return the keys and a garage door remote. The landlord provided an invoice from a locksmith ($279.00) and a replacement garage door remote ($237.50)
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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. The landlord is insured. The landlord’s policy of insurance carries an excess of $550.00 on each and every claim.
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: • Holes in walls. • Damaged heated towel rail. • Damaged toilet seat. • Hinge in kitchen cabinet removed.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided invoices for $577.00 and $249.55 for repairs. The amounts claimed are proven and are reasonable.
As Arrow Property Management Limited As Agents For Deljax Properties Ltd. - J&A Anderson has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

Tenancy Tribunal case 5361559 — Property damage at 13A Pandora Rise, Huntly, Huntly 3700

At a glance

Tenancy Tribunal case 5361559 — Property damage at 13A Pandora Rise, Huntly, Huntly 3700

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