What was Tenancy Tribunal case 4486361 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4486361?

Compensation: $1,132.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $345.00 awarded to landlord; Replace Furnishings: Carpet: $50.00 awarded to landlord; Replace Furnishings: Shelves: $256.66 awarded to landlord; Rubbish Removal: $322.00 awarded to landlord

What type of tenancy dispute was case 4486361?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4486361?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9398869-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4486361 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4486361?

Compensation: $1,132.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $345.00 awarded to landlord; Replace Furnishings: Carpet: $50.00 awarded to landlord; Replace Furnishings: Shelves: $256.66 awarded to landlord; Rubbish Removal: $322.00 awarded to landlord

What type of tenancy dispute was case 4486361?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4486361?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9398869-Tribunal_Order_Redacted.pdf.

55 Battalion Drive, Papakura, Papakura 2110 Tenancy Tribunal Case 4486361 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4486361 — net $2,126.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: shelves	$256.66	Replace furnishings: shelves
Replace furnishings: carpet	$50.00	Replace furnishings: carpet
Rubbish removal	$322.00	Rubbish removal
compensation	$1,132.75	compensation
Lock/key replacement	$345.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,126.85
Total payable by Tenant to Landlord	$2,126.85

The landlord attended the hearing today.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy on 24 January 2023. There is no remaining bond.

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.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s exit inspection report shows there was a need for general cleaning ($322.00) and carpet cleaning in the master bedroom ($80.00 plus GST). The bathroom, toilet, kitchen, and oven needed cleaning. Furniture items including mattresses were left outside.

The tenant did not return the keys when an eviction order was enforced. The landlord had to change the locks to secure the property.

Some chattels were missing at the end of the tenancy. Two standalone shelves in the garage and a “floating” shelf in the laundry were missing (the shelves cost $128.33 each to replace and the floating shelf $60.00 plus GST). Wall-mirrors in the garage and bedroom had also been removed ($80.00 plus GST). The shower drain cap was missing ($10.00 plus GST).

There was a roll of spare carpet in the garage above the standalone shelving at the start of the tenancy. This was missing at the end of the tenancy. There is no invoice or other information that might enable an assessment of the value of the carpet. I award nominal damages of $50.00.

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 4 weeks' rent. The weekly rent was $720.00. The excess was $500.00.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.

There was damage to the walls in the hallway, stairs and to the walls and ceiling of a bedroom during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The cost of repair ($350.00 plus GST) is reasonable and less than the insurance excess.

A basketball hoop that had been attached to the exterior of the property had to be removed and the damage repaired ($100.00 plus GST). This damage is also more than fair wear and tear, and the tenant has not disproved liability. Filing fee and name suppression

The landlord’s application has succeeded. I award the filing fee.

The landlord is granted suppression as requested.

Claims and awards in Tenancy Tribunal application 4486361 — net $2,126.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: shelves	$256.66	Replace furnishings: shelves
Replace furnishings: carpet	$50.00	Replace furnishings: carpet
Rubbish removal	$322.00	Rubbish removal
compensation	$1,132.75	compensation
Lock/key replacement	$345.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,126.85
Total payable by Tenant to Landlord	$2,126.85

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name.
Norraine Emma Rhind must pay [The landlord/s] $2,126.85 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy on 24 January 2023. There is no remaining bond.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s exit inspection report shows there was a need for general cleaning ($322.00) and carpet cleaning in the master bedroom ($80.00 plus GST). The bathroom, toilet, kitchen, and oven needed cleaning. Furniture items including mattresses were left outside.
The tenant did not return the keys when an eviction order was enforced. The landlord had to change the locks to secure the property.
Some chattels were missing at the end of the tenancy. Two standalone shelves in the garage and a “floating” shelf in the laundry were missing (the shelves cost $128.33 each to replace and the floating shelf $60.00 plus GST). Wall-mirrors in the garage and bedroom had also been removed ($80.00 plus GST). The shower drain cap was missing ($10.00 plus GST).
There was a roll of spare carpet in the garage above the standalone shelving at the start of the tenancy. This was missing at the end of the tenancy. There is no invoice or other information that might enable an assessment of the value of the carpet. I award nominal damages of $50.00.

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 4 weeks' rent. The weekly rent was $720.00. The excess was $500.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
There was damage to the walls in the hallway, stairs and to the walls and ceiling of a bedroom during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The cost of repair ($350.00 plus GST) is reasonable and less than the insurance excess.
A basketball hoop that had been attached to the exterior of the property had to be removed and the damage repaired ($100.00 plus GST). This damage is also more than fair wear and tear, and the tenant has not disproved liability. Filing fee and name suppression
The landlord’s application has succeeded. I award the filing fee.
The landlord is granted suppression as requested.

Tenancy Tribunal case 4486361 — Property damage at 55 Battalion Drive, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4486361 — Property damage at 55 Battalion Drive, Papakura, Papakura 2110

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

Key findings

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

Key findings

Frequently asked questions