How much money was awarded in case 4490140?

Cleaning: $230.00 awarded to landlord; Cleaning: $805.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting (Interior Walls, Doors And…: $2,300.00 awarded to landlord; 2 Door Knobs: $172.50 awarded to landlord; Rubbish Removal: $2,185.00 awarded to landlord

What type of tenancy dispute was case 4490140?

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

Where can I read the official tribunal order for case 4490140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8994272-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4490140?

Cleaning: $230.00 awarded to landlord; Cleaning: $805.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting (Interior Walls, Doors And…: $2,300.00 awarded to landlord; 2 Door Knobs: $172.50 awarded to landlord; Rubbish Removal: $2,185.00 awarded to landlord

What type of tenancy dispute was case 4490140?

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

Where can I read the official tribunal order for case 4490140?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8994272-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4490140 — Cleanliness

Q: What was Tenancy Tribunal case 4490140 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4490140 — net $5,712.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$2,185.00	Rubbish removal
Cleaning	$805.00	Cleaning
Carpet Cleaning	$230.00	Carpet Cleaning
Painting (interior walls, doors and window frames	$2,300.00	Painting (interior walls, doors and window frames
Repairs: 2 door knobs	$172.50	Repairs: 2 door knobs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,712.94
Total payable by Tenant to Landlord	$5,712.94

An application for suppression has been made in this case, and the Tribunal orders suppression of the [Landlord] name and identifying details.

Karen Kogler must pay [The landlord/s] $5,712.94 immediately, calculated as shown in table below. DescriptionLandlord Rubbish removal$2,185.00 Cleaning$805.00 Carpet Cleaning$230.00 Painting (interior walls, doors and window frames)$2,300.00 Repairs: 2 door knobs$172.50 Filing fee reimbursement$20.44 Total award$5,712.94 Total payable by Tenant to Landlord$5,712.94

Reasons

[The landlord’s agent] appeared as the landlord’s agent.

The tenant did not appear.

The landlord gave evidence that he last met the tenant on 20 December 2022. It was a meeting for the tenant to sign the release of bond form to cover rent arrears.

The landlord did not expect the tenant would appear today.

The hearing proceeded in the tenant’s absence.

The tenant has three young children. They are between the age of a baby and a 12-year-old child. The tenant leased the property for two years.

The landlord has applied 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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord submitted a pre-tenancy inspection and a post-tenant report. Based on the report, the tenant did not leave the premises in a reasonably clean and tidy condition. There is still rubbish left behind, and the carpet throughout the premises needs to be cleaned. The house needs to be cleaned.

The landlord submitted that a 24 cubic metres container was required to 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 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.

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: a. Door knobs/locks (laundry and bedroom) x2; and b. Painting on the walls.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Based on normal usage, door locks generally do not sustain damage. However, the available evidence suggests that either the tenant or someone on the property, with her consent caused damage to the locks through forceful means.

The painting on the walls was extensive. The landlord gave evidence that some of the drawings were using a permanent maker. They were children’s drawings.

The landlord did not have evidence to support the claim for the repair of a faucet and a toilet paper holder. I decline to award compensation.

The amounts ordered are proved.

I have taken into account betterment and depreciation for door knobs/locks. 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 the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4490140 — net $5,712.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$2,185.00	Rubbish removal
Cleaning	$805.00	Cleaning
Carpet Cleaning	$230.00	Carpet Cleaning
Painting (interior walls, doors and window frames	$2,300.00	Painting (interior walls, doors and window frames
Repairs: 2 door knobs	$172.50	Repairs: 2 door knobs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,712.94
Total payable by Tenant to Landlord	$5,712.94

An application for suppression has been made in this case, and the Tribunal orders suppression of the [Landlord] name and identifying details.

Reasons

[The landlord’s agent] appeared as the landlord’s agent.

The tenant did not appear.

The landlord gave evidence that he last met the tenant on 20 December 2022. It was a meeting for the tenant to sign the release of bond form to cover rent arrears.

The landlord did not expect the tenant would appear today.

The hearing proceeded in the tenant’s absence.

The tenant has three young children. They are between the age of a baby and a 12-year-old child. The tenant leased the property for two years.

The landlord has applied 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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord submitted that a 24 cubic metres container was required to remove all rubbish!

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: a. Door knobs/locks (laundry and bedroom) x2; and b. Painting on the walls.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The painting on the walls was extensive. The landlord gave evidence that some of the drawings were using a permanent maker. They were children’s drawings.

The landlord did not have evidence to support the claim for the repair of a faucet and a toilet paper holder. I decline to award compensation.

The amounts ordered are proved.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4490140 — Cleanliness

At a glance

Tenancy Tribunal case 4490140 — Cleanliness

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

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

Frequently asked questions