What was the outcome of Tenancy Tribunal case 4556549?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4556549?

Cleaning: $495.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $287.50 awarded to landlord

What type of tenancy dispute was case 4556549?

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

Where can I read the official tribunal order for case 4556549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9266413-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4556549?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4556549?

Cleaning: $495.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $287.50 awarded to landlord

What type of tenancy dispute was case 4556549?

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

Where can I read the official tribunal order for case 4556549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9266413-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1M, 147 Hobson Street, Auckland Central, Tenancy Tribunal Case 4556549 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4556549 — net $1,009.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Wall damage	$287.50	Repairs: Wall damage
Cleaning	$495.00	Cleaning
Lock/key replacement: letter box	$207.00	Lock/key replacement: letter box
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,009.94
Total payable by Tenant to Landlord	$1,009.94

The Landlord attended the hearing. The Tenant did not appear.

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, 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. An invoice was provided for the cleaning which involved the removal of a lot of rotten food scraps, food wrappers, clothing and cleaning of the fridge.

The tenant did not return the keys for the letterbox. A new lock and replacement keys were required. An invoice was provided to substantiate this cost.

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: scratches to the walls in the bedroom and hallway. Photographs of the ingoing and outgoing inspection reports and invoices to repair were provided. The Landlord submitted the property was painted just before the Tenant moved in. The damage is more than fair wear and tear, and the Tenant has not disproved liability for the damage.

The amounts ordered are proved.

As Kingdom Home Property Management Limited has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4556549 — net $1,009.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Wall damage	$287.50	Repairs: Wall damage
Cleaning	$495.00	Cleaning
Lock/key replacement: letter box	$207.00	Lock/key replacement: letter box
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,009.94
Total payable by Tenant to Landlord	$1,009.94

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Gemma Elsie Francis must pay Kingdom Home Property Management Limited $1,009.94 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
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, 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. An invoice was provided for the cleaning which involved the removal of a lot of rotten food scraps, food wrappers, clothing and cleaning of the fridge.
The tenant did not return the keys for the letterbox. A new lock and replacement keys were required. An invoice was provided to substantiate this cost.
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: scratches to the walls in the bedroom and hallway. Photographs of the ingoing and outgoing inspection reports and invoices to repair were provided. The Landlord submitted the property was painted just before the Tenant moved in. The damage is more than fair wear and tear, and the Tenant has not disproved liability for the damage.
The amounts ordered are proved.
As Kingdom Home Property Management Limited has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4556549 — Cleanliness at Unit/Flat 1M, 147 Hobson Street, Auckland Central,

At a glance

Tenancy Tribunal case 4556549 — Cleanliness at Unit/Flat 1M, 147 Hobson Street, Auckland Central,

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

Property management

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

Property management

Frequently asked questions