What was Tenancy Tribunal case 4529828 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 4529828?

Cleaning: $86.65 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Rent: $10,701.43 awarded to landlord; Rubbish Removal: $3,580.00 awarded to landlord; Water Charges To End Of Tenancy: $1,592.53 awarded to landlord

What type of tenancy dispute was case 4529828?

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

Where can I read the official tribunal order for case 4529828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9220019-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4529828 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 4529828?

Cleaning: $86.65 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Rent: $10,701.43 awarded to landlord; Rubbish Removal: $3,580.00 awarded to landlord; Water Charges To End Of Tenancy: $1,592.53 awarded to landlord

What type of tenancy dispute was case 4529828?

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

Where can I read the official tribunal order for case 4529828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9220019-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4529828 — Property damage

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New Zealand Tenancy Tribunal Case 4529828 — 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 4529828 — net $18,481.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 6 March 2023	$10,701.43	Rent to 6 March 2023
Repairs, cleaning, rubbish removal, lawns	$3,580.00	Repairs, cleaning, rubbish removal, lawns
Carpet replacement	$2,500.00	Carpet replacement
Cleaning materials	$86.65	Cleaning materials
Water charges to end of tenancy	$1,592.53	Water charges to end of tenancy
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$18,481.05
Total payable by Tenant to Landlord	$18,481.05

Claims and awards for application 4529828 — net $18,481.05 NZD. Verify on MoJ.

Rent to 6 March 2023

Amount: $10,701.43
Awarded to: Landlord
Reason: Rent to 6 March 2023

Repairs, cleaning, rubbish removal, lawns

Amount: $3,580.00
Awarded to: Landlord
Reason: Repairs, cleaning, rubbish removal, lawns

Carpet replacement

Amount: $2,500.00
Awarded to: Landlord
Reason: Carpet replacement

Cleaning materials

Amount: $86.65
Awarded to: Landlord
Reason: Cleaning materials

Water charges to end of tenancy

Amount: $1,592.53
Awarded to: Landlord
Reason: Water charges to end of tenancy

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Tereina Maxine Cassidy must pay [The landlord/s] $18,481.05 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today. There was no appearance by the tenant.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. There is no remaining bond.

How much is owed for rent and water?

The tenancy ended on 6 March 2023 following enforcement of a Tribunal order.
The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy. No water charges were paid during the tenancy, which commenced on 8 November 2022.

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 incurred cleaning, rubbish removal and lawn mowing costs totalling $1,450.00 and $86.65 for cleaning products. The costs are reasonable.
The landlord had to replace light bulbs in the bathroom.

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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
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.
At the end of the tenancy, the kitchen cabinets were water damaged, the wall next to the stove was burned, part of the shower mixer was missing, the bathroom wall vanity and mirror were damaged, the glass to the sliding door was smashed, and the guttering had been pulled off near an entrance door (probably by the tenant’s children). The carpet was badly marked and had to be replaced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Each claim for repair costs itemised on the relevant invoice is equal to or less than the insurance excess of $500.00. Filing fee and suppression
The landlord’s application has been successful. The filing fee is awarded.
Name suppression is granted.

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 4529828 — net $18,481.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 6 March 2023	$10,701.43	Rent to 6 March 2023
Repairs, cleaning, rubbish removal, lawns	$3,580.00	Repairs, cleaning, rubbish removal, lawns
Carpet replacement	$2,500.00	Carpet replacement
Cleaning materials	$86.65	Cleaning materials
Water charges to end of tenancy	$1,592.53	Water charges to end of tenancy
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$18,481.05
Total payable by Tenant to Landlord	$18,481.05

Claims and awards for application 4529828 — net $18,481.05 NZD. Verify on MoJ.

Rent to 6 March 2023

Amount: $10,701.43
Awarded to: Landlord
Reason: Rent to 6 March 2023

Repairs, cleaning, rubbish removal, lawns

Amount: $3,580.00
Awarded to: Landlord
Reason: Repairs, cleaning, rubbish removal, lawns

Carpet replacement

Amount: $2,500.00
Awarded to: Landlord
Reason: Carpet replacement

Cleaning materials

Amount: $86.65
Awarded to: Landlord
Reason: Cleaning materials

Water charges to end of tenancy

Amount: $1,592.53
Awarded to: Landlord
Reason: Water charges to end of tenancy

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Tereina Maxine Cassidy must pay [The landlord/s] $18,481.05 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today. There was no appearance by the tenant.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. There is no remaining bond.

How much is owed for rent and water?

The tenancy ended on 6 March 2023 following enforcement of a Tribunal order.
The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy. No water charges were paid during the tenancy, which commenced on 8 November 2022.

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 incurred cleaning, rubbish removal and lawn mowing costs totalling $1,450.00 and $86.65 for cleaning products. The costs are reasonable.
The landlord had to replace light bulbs in the bathroom.

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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
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.
At the end of the tenancy, the kitchen cabinets were water damaged, the wall next to the stove was burned, part of the shower mixer was missing, the bathroom wall vanity and mirror were damaged, the glass to the sliding door was smashed, and the guttering had been pulled off near an entrance door (probably by the tenant’s children). The carpet was badly marked and had to be replaced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Each claim for repair costs itemised on the relevant invoice is equal to or less than the insurance excess of $500.00. Filing fee and suppression
The landlord’s application has been successful. The filing fee is awarded.
Name suppression is granted.

Tenancy Tribunal case 4529828 — Property damage

At a glance

Tenancy Tribunal case 4529828 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

How much is owed for rent and water?

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