How much money was awarded in case 4592478?

Cleaning: $195.50 awarded to landlord; Cleaning: $437.00 awarded to landlord; Delivery & Installation Of Bathroom…: $172.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $161.00 awarded to landlord; Property Damage: $40.25 awarded to landlord; Plumber - Disconnect And Reconnect V…: $230.00 awarded to landlord; Property Damage: $2,300.00 awarded to landlord; Property Damage: $80.50 awarded to landlord; Property Damage: $80.50 awarded to landlord; Property Damage: $138.00 awarded to landlord; Property Damage: $299.00 awarded to landlord; Replace Furnishings: 2 Kitchen Bins: $46.00 awarded to landlord; Replace Furnishings: Bathroom Basin: $200.00 awarded to landlord; Replace furnishings: Fixe 2 blind st…: $46.00 awarded to landlord; Replace furnishings: Replace 1 windo…: $69.00 awarded to landlord; Replace furnishings: Replace 3 door…: $34.50 awarded to landlord; Rubbish Removal: $580.75 awarded to landlord

What type of tenancy dispute was case 4592478?

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

Where can I read the official tribunal order for case 4592478?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9415076-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4592478?

Cleaning: $195.50 awarded to landlord; Cleaning: $437.00 awarded to landlord; Delivery & Installation Of Bathroom…: $172.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $161.00 awarded to landlord; Property Damage: $40.25 awarded to landlord; Plumber - Disconnect And Reconnect V…: $230.00 awarded to landlord; Property Damage: $2,300.00 awarded to landlord; Property Damage: $80.50 awarded to landlord; Property Damage: $80.50 awarded to landlord; Property Damage: $138.00 awarded to landlord; Property Damage: $299.00 awarded to landlord; Replace Furnishings: 2 Kitchen Bins: $46.00 awarded to landlord; Replace Furnishings: Bathroom Basin: $200.00 awarded to landlord; Replace furnishings: Fixe 2 blind st…: $46.00 awarded to landlord; Replace furnishings: Replace 1 windo…: $69.00 awarded to landlord; Replace furnishings: Replace 3 door…: $34.50 awarded to landlord; Rubbish Removal: $580.75 awarded to landlord

What type of tenancy dispute was case 4592478?

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

Where can I read the official tribunal order for case 4592478?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9415076-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4592478 — Property damage

Q: What was Tenancy Tribunal case 4592478 about?

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

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 4592478 — net $5,130.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Fix wall damages

$2,300.00

Fix wall damages

Replace furnishings: Replace 3 door stops

$34.50

Replace furnishings: Replace 3 door stops

Replace furnishings: Fixe 2 blind strings

$46.00

Replace furnishings: Fixe 2 blind strings

Replace furnishings: Replace 1 window handle in garage

$69.00

Replace furnishings: Replace 1 window handle in garage

Carpet Cleaning: Stains removal

$195.50

Carpet Cleaning: Stains removal

Rubbish removal: Rubbish removal

$580.75

Rubbish removal: Rubbish removal

Repairs: Kitchen benchtop chip repair

$299.00

Repairs: Kitchen benchtop chip repair

Repairs: Dent on the dishwasher repair

$80.50

Repairs: Dent on the dishwasher repair

Repairs: Dent on the front door (back) repair

$80.50

Repairs: Dent on the front door (back) repair

Repairs: Front door panel replacement

$138.00

Repairs: Front door panel replacement

Cleaning

$437.00

Cleaning

Lock/key replacement: Replace the garage side door lock cylinder

$40.25

Lock/key replacement: Replace the garage side door lock cylinder

Lock/key replacement: 2 garage door remote controllers

$161.00

Lock/key replacement: 2 garage door remote controllers

Replace furnishings: 2 kitchen bins

$46.00

Replace furnishings: 2 kitchen bins

Replace furnishings: Bathroom basin

$200.00

Replace furnishings: Bathroom basin

Delivery & installation of bathroom bin

$172.50

Delivery & installation of bathroom bin

Plumber - disconnect and reconnect vanity drainpipe and inlet pipe

$230.00

Plumber - disconnect and reconnect vanity drainpipe and inlet pipe

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$5,130.94

Total payable by Tenant to Landlord

$5,130.94

Order

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

Bonnie Lee Kaka and Quintin Bruce Chapman must pay [The landlord/s] $5,130.94 immediately, calculated as shown in table below. DescriptionLandlord Fix wall damages$2,300.00 Replace furnishings: Replace 3 door stops$34.50 Replace furnishings: Fixe 2 blind strings$46.00 Replace furnishings: Replace 1 window handle in garage$69.00 Carpet Cleaning: Stains removal$195.50 Rubbish removal: Rubbish removal$580.75 Repairs: Kitchen benchtop chip repair$299.00 Repairs: Dent on the dishwasher repair$80.50 Repairs: Dent on the front door (back) repair$80.50 Repairs: Front door panel replacement$138.00 Cleaning$437.00 Lock/key replacement: Replace the garage side door lock cylinder $40.25 Lock/key replacement: 2 garage door remote controllers$161.00 Replace furnishings: 2 kitchen bins$46.00 Replace furnishings: Bathroom basin$200.00 Delivery & installation of bathroom bin$172.50 Plumber - disconnect and reconnect vanity drainpipe and inlet pipe $230.00 Filing fee reimbursement$20.44 Total award$5,130.94 Total payable by Tenant to Landlord$5,130.94

Reasons

[The landlord’s agent] appeared before me as the landlord’s agent.

The tenants did not appear. I understand a previous Tenancy Tribunal Order terminated the tenancy on 31 March 2023 due to rent arrears. File number 4499221 refers. [The landlord’s agent] told me in the hearing that she did not expect the tenants to come to the hearing today.

I am satisfied that the hearing could proceed in the tenants’ absence.

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

[The landlord’s agent] informed me that the premises was a brand-new house at the commencement of the tenancy.

The tenancy commenced on 22 September 2022 and was terminated on 31 March 2023.

[The landlord’s agent] informed me that the tenants were a couple with two young children who were the first to occupy the newly constructed house. They had assured her that they would take good care of the property.

[The landlord’s agent] submitted an entry inspection report dated 22 September 2022 and an exit inspection report dated 1 April 2023.

Comparing the conditions of the house at the start and end of the tenancy, it was evident that the tenants did not keep their promises by looking after the house.

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

At the end of the tenancy the tenants 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 tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenants did not return the keys (2 garage door remote controllers).

2 Kitchen bins were missing.

The amounts ordered are proved.

Are the tenants 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 tenants 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 tenants prove otherwise.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenants’ liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of tenants 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 tenants’ liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenants’ 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 tenants do 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: a. Walls (lots of damage, including installation of wooden fences in the house) b. Door stops c. Blind strings d. Window handle garage e. Kitchen benchtop chipped f. Dent on the dishwasher g. Dent on the front door (back) h. Damaged front door panel. i. Damaged garage side door lock j. Bathroom basin (cracked)

I am more than satisfied the damage to the above items was intentional.

The damage is more than fair wear and tear, and the tenants have not disproved liability.

The amounts ordered are proved.

I declined to reimburse the landlord for gas reconnection because there was no evidence before me that it had to do with the tenancy. Depreciation and betterment

The tenants caused extensive damage to the house within six months of moving in.

I do not intend to reduce the compensation sought for depreciation or betterment because the house was new when the tenants moved in. Filing fee

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.