How much money was awarded in case 4565691?

Cleaning: $862.50 awarded to landlord; Fix bedroom& bathroom door, replace…: $2,645.00 awarded to landlord; Rubbish Removal: $1,357.00 awarded to landlord

What type of tenancy dispute was case 4565691?

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

Where can I read the official tribunal order for case 4565691?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9254624-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4565691?

Cleaning: $862.50 awarded to landlord; Fix bedroom& bathroom door, replace…: $2,645.00 awarded to landlord; Rubbish Removal: $1,357.00 awarded to landlord

What type of tenancy dispute was case 4565691?

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

Where can I read the official tribunal order for case 4565691?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9254624-Tribunal_Order_Redacted.pdf.

71 Edgewater Drive, Pakuranga, Auckland 2010 Tenancy Tribunal Case 4565691 — Property damage

Q: What was Tenancy Tribunal case 4565691 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 4565691 — net $4,864.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Fix bedroom& bathroom door, replace carpet and underlay	$2,645.00	Repairs: Fix bedroom& bathroom door, replace carpet and underlay
Cleaning	$862.50	Cleaning
Rubbish removal: and disposal of good	$1,357.00	Rubbish removal: and disposal of good
Net award	$4,864.50
Total payable by Tenant to Landlord	$4,864.50

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

Alataua Pei must pay [The landlord/s] $4,864.50 immediately, calculated as shown in table below. DescriptionLandlord Repairs: Fix bedroom& bathroom door, replace carpet and underlay $2,645.00 Cleaning$862.50 Rubbish removal: and disposal of good$1,357.00 Total award$4,864.50 Total payable by Tenant to Landlord$4,864.50

Reasons

The landlord attended the hearing, the tenant did not attend.

The landlord has applied for compensation for repairs, cleaning and rubbish removal 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.

The landlord has provided the Tribunal with invoices from [Rubbish removal company] dated 12 April 2023 for the cost of the rubbish removal and disposal of furniture and possessions left at the property.

In addition, the landlord provided photographs that show the rubbish left inside and outside of the property, and the furniture and possessions left at the end of the tenancy.

The landlord provided an invoice from [Cleaning company] dated 21 April 2023 for the cost of cleaning. The photos show the property was not cleaned and was not reasonably clean and tidy at the end of the tenancy.

I am satisfied that the landlord has proven their claim for $1357.00 for rubbish removal and cleaning costs.

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: -Hole in the bedroom door -Bathroom door frame damaged -Carpets and underlay in bedroom and lounge were ripped up and thrown outside

The landlord has provided an invoice for $2645.00 for the cost of replacing the carpet and underlay, fixing the hole in the bedroom door and the bathroom door frame.

The landlord provided photographs to show the damage to the property.

The landlord had made an insurance claim, but the insurance company sought more in excess than the full value of the repairs.

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

I am satisfied that the landlord had proven their claim for the repair costs.

The bond and filing fee have previously been refunded to the landlord.

Order

Claims and awards in Tenancy Tribunal application 4565691 — net $4,864.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Fix bedroom& bathroom door, replace carpet and underlay	$2,645.00	Repairs: Fix bedroom& bathroom door, replace carpet and underlay
Cleaning	$862.50	Cleaning
Rubbish removal: and disposal of good	$1,357.00	Rubbish removal: and disposal of good
Net award	$4,864.50
Total payable by Tenant to Landlord	$4,864.50

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 attended the hearing, the tenant did not attend.

The landlord has applied for compensation for repairs, cleaning and rubbish removal following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

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

In addition, the landlord provided photographs that show the rubbish left inside and outside of the property, and the furniture and possessions left at the end of the tenancy.

I am satisfied that the landlord has proven their claim for $1357.00 for rubbish removal and cleaning costs.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: -Hole in the bedroom door -Bathroom door frame damaged -Carpets and underlay in bedroom and lounge were ripped up and thrown outside

The landlord has provided an invoice for $2645.00 for the cost of replacing the carpet and underlay, fixing the hole in the bedroom door and the bathroom door frame.

The landlord provided photographs to show the damage to the property.

The landlord had made an insurance claim, but the insurance company sought more in excess than the full value of the repairs.

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

I am satisfied that the landlord had proven their claim for the repair costs.

The bond and filing fee have previously been refunded to the landlord.

Tenancy Tribunal case 4565691 — Property damage at 71 Edgewater Drive, Pakuranga, Auckland 2010

At a glance

Tenancy Tribunal case 4565691 — Property damage at 71 Edgewater Drive, Pakuranga, Auckland 2010

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