What was Tenancy Tribunal case 4531390 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 4531390?

Cleaning: $144.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Smoke Alarms: $130.00 awarded to landlord; Water Rates: $564.56 awarded to landlord

What type of tenancy dispute was case 4531390?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4531390?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9120817-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4531390 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 4531390?

Cleaning: $144.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Smoke Alarms: $130.00 awarded to landlord; Water Rates: $564.56 awarded to landlord

What type of tenancy dispute was case 4531390?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4531390?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9120817-Tribunal_Order_Redacted.pdf.

61 Sapwood Crescent, Takanini, Takanini 2110 Tenancy Tribunal Case 4531390 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4531390 — net $1,409.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$144.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Repair and paint three holes in walls	$500.00	Repairs: Repair and paint three holes in walls
Lawns and garden work	$50.00	Lawns and garden work
Water rates	$564.56	Water rates
Replace smoke alarms	$130.00	Replace smoke alarms
Net award	$1,409.00
Total payable by Tenant to Landlord	$1,409.00

The landlord attended the hearing; the tenant did not.

The landlord has applied for compensation, outgoings, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $564.56.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant left the premises reasonably clean and tidy, except for the carpet which had a strong odour of pet micturition, and the lawns which needed mowing. The claims for general cleaning, stains on the curtains, and oven cleaning were dismissed.

The following chattels were missing at the end of the tenancy: a. Two smoke alarms.

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.

The following damage was caused during the tenancy: [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. a. Three holes in the internal walls.

The amounts ordered are proved.

Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4531390 — net $1,409.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$144.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Repair and paint three holes in walls	$500.00	Repairs: Repair and paint three holes in walls
Lawns and garden work	$50.00	Lawns and garden work
Water rates	$564.56	Water rates
Replace smoke alarms	$130.00	Replace smoke alarms
Net award	$1,409.00
Total payable by Tenant to Landlord	$1,409.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Catherine Rose Julian and Alekisio Latai Fonoifua must pay [The landlord/s] $1,409.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing; the tenant did not.
The landlord has applied for compensation, outgoings, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $564.56.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant left the premises reasonably clean and tidy, except for the carpet which had a strong odour of pet micturition, and the lawns which needed mowing. The claims for general cleaning, stains on the curtains, and oven cleaning were dismissed.
The following chattels were missing at the end of the tenancy: a. Two smoke alarms.
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.
The following damage was caused during the tenancy: [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. a. Three holes in the internal walls.
The amounts ordered are proved.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4531390 — Property damage at 61 Sapwood Crescent, Takanini, Takanini 2110

At a glance

Tenancy Tribunal case 4531390 — Property damage at 61 Sapwood Crescent, Takanini, Takanini 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

How much is owed for water rates?

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