How much money was awarded in case 4577769?

Cleaning: $160.00 awarded to landlord; Cleaning: $14.80 awarded to landlord; Cleaning: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,560.00 awarded to landlord; Rent Arrears: $668.57 awarded to landlord

What type of tenancy dispute was case 4577769?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 4577769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9439490-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4577769?

Cleaning: $160.00 awarded to landlord; Cleaning: $14.80 awarded to landlord; Cleaning: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,560.00 awarded to landlord; Rent Arrears: $668.57 awarded to landlord

What type of tenancy dispute was case 4577769?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 4577769?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9439490-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4577769 — Property damage

Q: What was Tenancy Tribunal case 4577769 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4577769 — net $2,243.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 May 2023 (consent	$668.57	Rent arrears to 6 May 2023 (consent
Carpet cleaning	$160.00	Carpet cleaning
Cleaning: owners’ labour - 36 hours	$900.00	Cleaning: owners’ labour - 36 hours
Cleaning products	$14.80	Cleaning products
Repair damage to walls (limited to 4 weeks' rent	$1,560.00	Repair damage to walls (limited to 4 weeks' rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,243.81
Total payable by Tenant to Landlord	$2,243.81

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

Lynda Whitlow must pay [The landlord/s] $2,243.81 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing, the landlord and the owners of the property in person, the tenant by phone.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenant accepted the landlord’s claim for rent arrears to 6 May 2023. I allow that claim by consent.

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 (RTA).

The tenant did not leave the premises reasonably clean.

The owners of the property did the cleaning. They have detailed the work they did.

The carpets had to be cleaned.

The tenant gave evidence that she arranged cleaners and carpet cleaners but the firm she contracted let her down. She said their work was ‘abysmal’.

I find the landlord’s claim for cleaning and carpet cleaning 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: there was damage to the walls in the open plan lounge/dining/kitchen room caused by the tenant’s birds. The tenant accepted that her pets caused the damage. She said she had insurance, but her insurer would not accept the claim.

The landlord is not insured for pet damage.

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

The tenant’s liability is limited to 4 weeks’ rent - $1,560.00.

The amount ordered for damage is proved by an invoice, photos, the evidence given by the parties at the hearing, and the documentary evidence they each provided.

As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

The landlord applied for a name suppression order and is entitled to that because the application is successful – see section 95A RTA.

The tenant did not seek name suppression.

Claims and awards in Tenancy Tribunal application 4577769 — net $2,243.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 May 2023 (consent	$668.57	Rent arrears to 6 May 2023 (consent
Carpet cleaning	$160.00	Carpet cleaning
Cleaning: owners’ labour - 36 hours	$900.00	Cleaning: owners’ labour - 36 hours
Cleaning products	$14.80	Cleaning products
Repair damage to walls (limited to 4 weeks' rent	$1,560.00	Repair damage to walls (limited to 4 weeks' rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,243.81
Total payable by Tenant to Landlord	$2,243.81

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Lynda Whitlow must pay [The landlord/s] $2,243.81 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing, the landlord and the owners of the property in person, the tenant by phone.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenant accepted the landlord’s claim for rent arrears to 6 May 2023. I allow that claim by consent.

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 (RTA).
The tenant did not leave the premises reasonably clean.
The owners of the property did the cleaning. They have detailed the work they did.
The carpets had to be cleaned.
The tenant gave evidence that she arranged cleaners and carpet cleaners but the firm she contracted let her down. She said their work was ‘abysmal’.
I find the landlord’s claim for cleaning and carpet cleaning 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: there was damage to the walls in the open plan lounge/dining/kitchen room caused by the tenant’s birds. The tenant accepted that her pets caused the damage. She said she had insurance, but her insurer would not accept the claim.
The landlord is not insured for pet damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenant’s liability is limited to 4 weeks’ rent - $1,560.00.
The amount ordered for damage is proved by an invoice, photos, the evidence given by the parties at the hearing, and the documentary evidence they each provided.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.
The landlord applied for a name suppression order and is entitled to that because the application is successful – see section 95A RTA.
The tenant did not seek name suppression.

Tenancy Tribunal case 4577769 — Property damage

At a glance

Tenancy Tribunal case 4577769 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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 rent?

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