What was Tenancy Tribunal case 4510809 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 4510809?

Rubbish Removal: $2,415.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Property Damage: $977.50 awarded to landlord; Bathroom Glass: $483.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Property Damage: $690.00 awarded to landlord

What type of tenancy dispute was case 4510809?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4510809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9338045-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4510809 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 4510809?

Rubbish Removal: $2,415.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $120.00 awarded to landlord; Property Damage: $977.50 awarded to landlord; Bathroom Glass: $483.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Property Damage: $690.00 awarded to landlord

What type of tenancy dispute was case 4510809?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4510809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9338045-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4510809 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4510809 — net $5,165.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: (including rubbish removal	$2,415.00	Cleaning: (including rubbish removal
Lock/key replacement	$977.50	Lock/key replacement
Repairs: bathroom glass	$483.00	Repairs: bathroom glass
Repairs: wall damage	$690.00	Repairs: wall damage
Repairs: front door damage	$460.00	Repairs: front door damage
Lawns and Garden work	$120.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,165.94
Total payable by Tenant to Landlord	$5,165.94

The landlord attended the hearing. The tenant did not.

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 and return all keys. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”).

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

The tenant did not return the keys.

The landlord provided photos of the premises and invoices as evidence.

I order the tenant to pay the landlord $2,415.00 for cleaning and rubbish removal, $977.50 for door lock replacements and $120.00 for the lawns and garden work.

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 following damage was caused during the tenancy: missing bathroom windows, a scratched wall and scratched front door frame. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Filing fee reimbursement

Because [The applicant/s] has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4510809 — net $5,165.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: (including rubbish removal	$2,415.00	Cleaning: (including rubbish removal
Lock/key replacement	$977.50	Lock/key replacement
Repairs: bathroom glass	$483.00	Repairs: bathroom glass
Repairs: wall damage	$690.00	Repairs: wall damage
Repairs: front door damage	$460.00	Repairs: front door damage
Lawns and Garden work	$120.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,165.94
Total payable by Tenant to Landlord	$5,165.94

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jamie Williams and Michael Seumalii must pay [The landlord/s] $5,165.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
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 and return all keys. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord provided photos of the premises and invoices as evidence.
I order the tenant to pay the landlord $2,415.00 for cleaning and rubbish removal, $977.50 for door lock replacements and $120.00 for the lawns and garden work.

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 following damage was caused during the tenancy: missing bathroom windows, a scratched wall and scratched front door frame. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee reimbursement
Because [The applicant/s] has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4510809 — Property damage

At a glance

Tenancy Tribunal case 4510809 — Property damage

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