How much money was awarded in case 5459851?

Cleaning: $184.00 awarded to landlord; Cleaning: $1,677.85 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $287.50 awarded to landlord; Property Damage: $380.00 awarded to landlord; Property Damage: $398.21 awarded to landlord; Property Damage: $724.57 awarded to landlord; Rubbish Removal: $1,000.50 awarded to landlord

What type of tenancy dispute was case 5459851?

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

Where can I read the official tribunal order for case 5459851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13362667-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5459851?

Cleaning: $184.00 awarded to landlord; Cleaning: $1,677.85 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $287.50 awarded to landlord; Property Damage: $380.00 awarded to landlord; Property Damage: $398.21 awarded to landlord; Property Damage: $724.57 awarded to landlord; Rubbish Removal: $1,000.50 awarded to landlord

What type of tenancy dispute was case 5459851?

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

Where can I read the official tribunal order for case 5459851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13362667-Tenancy_Tribunal_Order.pdf.

41 Rangiora Avenue, Roslyn, Palmerston North 4414 Tenancy Tribunal Case 5459851 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 5459851?

The tribunal order states: Fynist Reid must pay Bartley Manawatu Property Management Limited As Agent

Order

Claims and awards in Tenancy Tribunal application 5459851 — net $4,262.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$380.00	Lock/key replacement
Carpet Cleaning	$184.00	Carpet Cleaning
Cleaning	$1,677.85	Cleaning
Rubbish removal	$1,000.50	Rubbish removal
Lawns and Garden work	$287.50	Lawns and Garden work
Window repairs	$398.21	Window repairs
Repairs	$724.57	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,262.63
Total payable by Tenant to Landlord	$4,262.63

Fynist Reid must pay Bartley Manawatu Property Management Limited As Agent For Aylah O'neil & Eamon Murray $4,262.63 immediately, calculated as shown in the table below. DescriptionLandlord Lock/key replacement$380.00 Carpet Cleaning$184.00 Cleaning$1,677.85 Rubbish removal$1,000.50 Lawns and Garden work$287.50 Window repairs$398.21 Repairs$724.57 Filing fee reimbursement$28.00 Total award$4,680.63 Bond$418.00 Total payable by Tenant to Landlord$4,262.63

Reasons

The landlord attended the video hearing.

The tenant did not attend the hearing. She was telephoned on three telephone numbers and messages were left on two reminding her of how to access the hearing through the Notice of Hearing.

The landlord has applied for compensation, refund of the bond 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The evidence shows that the tenant took what she wanted and left behind everything else and made no attempt to clean or tidy the premises.

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 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 landlord provided photographic evidence that following damage was caused during the tenancy: a. Two windows in the kitchen/dining area and one window in bedroom 3 were broken. b. The letterbox was removed during the tenant and needed to be reinstated. c. The pole for the shade sail required replacement and the sail required reinstallation. d. There were a number of broken window stays and latches. e. There were two holes in the wall of bedroom 1.

From the nature and extent of the damage, items a,b,c and e were intentional damage and item d was careless damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts claimed are modest and there does not appear to be any betterment of the landlord’s property as a result of the repairs.

The amounts ordered are proved.

Because Bartley Manawatu Property Management Limited As Agent For Aylah O'neil & Eamon Murray has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5459851 — net $4,262.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$380.00	Lock/key replacement
Carpet Cleaning	$184.00	Carpet Cleaning
Cleaning	$1,677.85	Cleaning
Rubbish removal	$1,000.50	Rubbish removal
Lawns and Garden work	$287.50	Lawns and Garden work
Window repairs	$398.21	Window repairs
Repairs	$724.57	Repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,262.63
Total payable by Tenant to Landlord	$4,262.63

Order

Fynist Reid must pay Bartley Manawatu Property Management Limited As Agent For Aylah O'neil & Eamon Murray $4,262.63 immediately, calculated as shown in the table below. DescriptionLandlord Lock/key replacement$380.00 Carpet Cleaning$184.00 Cleaning$1,677.85 Rubbish removal$1,000.50 Lawns and Garden work$287.50 Window repairs$398.21 Repairs$724.57 Filing fee reimbursement$28.00 Total award$4,680.63 Bond$418.00 Total payable by Tenant to Landlord$4,262.63

Reasons

The landlord attended the video hearing.
The tenant did not attend the hearing. She was telephoned on three telephone numbers and messages were left on two reminding her of how to access the hearing through the Notice of Hearing.
The landlord has applied for compensation, refund of the bond 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The evidence shows that the tenant took what she wanted and left behind everything else and made no attempt to clean or tidy the premises.
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 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 landlord provided photographic evidence that following damage was caused during the tenancy: a. Two windows in the kitchen/dining area and one window in bedroom 3 were broken. b. The letterbox was removed during the tenant and needed to be reinstated. c. The pole for the shade sail required replacement and the sail required reinstallation. d. There were a number of broken window stays and latches. e. There were two holes in the wall of bedroom 1.
From the nature and extent of the damage, items a,b,c and e were intentional damage and item d was careless damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts claimed are modest and there does not appear to be any betterment of the landlord’s property as a result of the repairs.
The amounts ordered are proved.
Because Bartley Manawatu Property Management Limited As Agent For Aylah O'neil & Eamon Murray has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5459851 — Cleanliness at 41 Rangiora Avenue, Roslyn, Palmerston North 4414

At a glance

Tenancy Tribunal case 5459851 — Cleanliness at 41 Rangiora Avenue, Roslyn, Palmerston North 4414

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