What was Tenancy Tribunal case 5393561 about?

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

How much money was awarded in case 5393561?

Cleaning: $287.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $380.00 awarded to landlord; Property Damage: $160.00 awarded to landlord; To Walls: $1,435.00 awarded to landlord; Water Rates: $236.00 awarded to landlord

What type of tenancy dispute was case 5393561?

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

Where can I read the official tribunal order for case 5393561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13239207-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5393561 about?

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

How much money was awarded in case 5393561?

Cleaning: $287.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $380.00 awarded to landlord; Property Damage: $160.00 awarded to landlord; To Walls: $1,435.00 awarded to landlord; Water Rates: $236.00 awarded to landlord

What type of tenancy dispute was case 5393561?

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

Where can I read the official tribunal order for case 5393561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13239207-Tenancy_Tribunal_Order.pdf.

15 Smith Avenue, Huntly, Huntly 3700 Tenancy Tribunal Case 5393561 — Property damage

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15 Smith Avenue, Huntly, Huntly 3700 Tenancy Tribunal Case 5393561 — 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 5393561 — net $526.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: until 1/11/2025	$236.00	2. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Window repairs	$380.00	Window repairs
Lock/key replacement	$160.00	Lock/key replacement
Cleaning	$287.50	Cleaning
Repairs: to walls	$1,435.00	Repairs: to walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$526.50
Total payable by Tenant to Landlord	$526.50

Claims and awards for application 5393561 — net $526.50 NZD. Verify on MoJ.

Water rates: until 1/11/2025

Amount: $236.00
Awarded to: Landlord
Reason: 2. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Window repairs

Amount: $380.00
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement

Amount: $160.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $287.50
Awarded to: Landlord
Reason: Cleaning

Repairs: to walls

Amount: $1,435.00
Awarded to: Landlord
Reason: Repairs: to walls

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

[The tenant/s] must pay Riverlands Real Estate Limited As Agent For A J Investments $526.50 immediately, calculated as shown in table below.
The bond centre is to pay the bond to the applicant immediately.

Reasons

Only the applicant landlord attended the hearing.
The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 1/11/2025. The landlord provided water rates invoices which prove the amount owing at 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.
The tenant did not return the 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 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: several windows were broken, and the walls disfigured when the tenant plastered large areas.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account that the paint was four years old at the start of the tenancy and it’s likely useful lifespan.
Because Riverlands Real Estate Limited As Agent For A J Investments has wholly succeeded with the claim I must reimburse the filing fee.

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 5393561 — net $526.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: until 1/11/2025	$236.00	2. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Window repairs	$380.00	Window repairs
Lock/key replacement	$160.00	Lock/key replacement
Cleaning	$287.50	Cleaning
Repairs: to walls	$1,435.00	Repairs: to walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$526.50
Total payable by Tenant to Landlord	$526.50

Claims and awards for application 5393561 — net $526.50 NZD. Verify on MoJ.

Water rates: until 1/11/2025

Amount: $236.00
Awarded to: Landlord
Reason: 2. The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Window repairs

Amount: $380.00
Awarded to: Landlord
Reason: Window repairs

Lock/key replacement

Amount: $160.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $287.50
Awarded to: Landlord
Reason: Cleaning

Repairs: to walls

Amount: $1,435.00
Awarded to: Landlord
Reason: Repairs: to walls

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Water Rates

Order

[The tenant/s] must pay Riverlands Real Estate Limited As Agent For A J Investments $526.50 immediately, calculated as shown in table below.
The bond centre is to pay the bond to the applicant immediately.

Reasons

Only the applicant landlord attended the hearing.
The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 1/11/2025. The landlord provided water rates invoices which prove the amount owing at 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.
The tenant did not return the 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 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: several windows were broken, and the walls disfigured when the tenant plastered large areas.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account that the paint was four years old at the start of the tenancy and it’s likely useful lifespan.
Because Riverlands Real Estate Limited As Agent For A J Investments has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5393561 — Property damage at 15 Smith Avenue, Huntly, Huntly 3700

At a glance

Tenancy Tribunal case 5393561 — Property damage at 15 Smith Avenue, Huntly, Huntly 3700

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

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