How much money was awarded in case 4594952?

Cleaning: $600.00 awarded to landlord; Electrician: $1,103.77 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $2,085.81 awarded to landlord; As Detailed Below: $2,211.45 awarded to landlord; Rubbish Removal: $139.60 awarded to landlord

What type of tenancy dispute was case 4594952?

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

Where can I read the official tribunal order for case 4594952?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9357431-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4594952?

Cleaning: $600.00 awarded to landlord; Electrician: $1,103.77 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $2,085.81 awarded to landlord; As Detailed Below: $2,211.45 awarded to landlord; Rubbish Removal: $139.60 awarded to landlord

What type of tenancy dispute was case 4594952?

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

Where can I read the official tribunal order for case 4594952?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9357431-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4594952 — Property damage

Q: What was Tenancy Tribunal case 4594952 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 4594952 — net $5,161.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$139.60	Rubbish removal
Cleaning	$600.00	Cleaning
Painting	$2,085.81	Painting
Repairs: As detailed below	$2,211.45	Repairs: As detailed below
Electrician	$1,103.77	Electrician
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,161.07
Total payable by Tenant to Landlord	$5,161.07

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

Cherie Anderson must pay [The landlord/s] $5,161.07 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The tenancy ended on 3 April 2023.

The landlord’s application seeks repair, cleaning, and rubbish removal costs.

The hearing took place today.

[Landlord 1] attended the hearing by phone with the consent of the Tribunal. There was no appearance by the tenant.

Tenants must remove all rubbish and leave the premises reasonably clean and tidy at the end of the tenancy 1 .

[Landlord 1] provided photographs showing the condition of the premises when she re-took possession at the end of this tenancy.

The premises were left in an extremely unclean and untidy condition. The amounts claimed for cleaning and rubbish removal are proven.

Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy 2 .

[Landlord 1] submitted that she received multiple complaints from neighbours about parties, anti-social behaviour, and damage to the property during Ms Anderson’s tenancy.

The following damage is proven to have occurred during Ms Anderson’s tenancy: a. Holes in shower lining b. Holes in walls (the wall between the lounge and one of the bedrooms was effectively destroyed) c. Damage to two internal doors. d. Missing glass pane in back door.

The damage is beyond fair wear and tear.

The amount claimed for repair, per an invoice from [Redacted], is proven.

On 27 January 2023 Ms Anderson sent [Landlord 1] a message stating: I currently have no phone but I just got back from holiday and those idiots next door have trashed my house

Tenants are not liable for damage to the premises that is caused by someone who enters the property without their consent.

It is for the tenant to prove, to the standard of “more likely than not” that the damage was caused in those circumstances 3 .

Given the history of Ms Anderson’s tenancy, [Landlord 1] did not accept Ms Anderson’s explanation of the damage. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986 (RTA) 2 Section 49B(2) RTA 3 Section 49B(8)(b)(ii) RTA

There is no evidence of Ms Anderson having made a complaint to the police about the alleged break in and vandalism.

Ms Anderson did not participate in the hearing.

My finding is that it is not proven that the damage was caused by persons at the property without Ms Anderson’s consent.

Therefore I find that Ms Anderson is liable for the proven repair costs.

The unit is one of a block of four. In August 2021, [Landlord 1] was informed that the power to all of the units had been disconnected. [Landlord 1] subsequently discovered that the cause was Ms Anderson’s ex-partner ripping out all of the fuses. [Landlord 1] gained this information from her other tenants and from the electrician who carried out the repair work [The electrician].

Tenants are liable for damage that is caused by anyone who is at the premises with their consent 4 .

[Landlord 1] submitted that Ms Anderson’s partner used to live with her at the property. At some point they split up, and he moved out.

There is no evidence to suggest that the partner did not have Ms Anderson’s consent to be at the premises when the incident occurred.

Ms Anderson is liable for the damage that her partner caused.

The cost of repairs is proven.

The landlords have been successful in this application, and I will also award them the filing fee of $20.44.

Name suppression is granted to the landlords 5 .

The proven claim exceeds the amount of the bond. The bond will be released to the landlords.

Order

Claims and awards in Tenancy Tribunal application 4594952 — net $5,161.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$139.60	Rubbish removal
Cleaning	$600.00	Cleaning
Painting	$2,085.81	Painting
Repairs: As detailed below	$2,211.45	Repairs: As detailed below
Electrician	$1,103.77	Electrician
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,161.07
Total payable by Tenant to Landlord	$5,161.07

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

Cherie Anderson must pay [The landlord/s] $5,161.07 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The tenancy ended on 3 April 2023.

The landlord’s application seeks repair, cleaning, and rubbish removal costs.

The hearing took place today.

[Landlord 1] attended the hearing by phone with the consent of the Tribunal. There was no appearance by the tenant.

Tenants must remove all rubbish and leave the premises reasonably clean and tidy at the end of the tenancy 1 .

[Landlord 1] provided photographs showing the condition of the premises when she re-took possession at the end of this tenancy.

The premises were left in an extremely unclean and untidy condition. The amounts claimed for cleaning and rubbish removal are proven.

Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy 2 .

[Landlord 1] submitted that she received multiple complaints from neighbours about parties, anti-social behaviour, and damage to the property during Ms Anderson’s tenancy.

The damage is beyond fair wear and tear.

The amount claimed for repair, per an invoice from [Redacted], is proven.

On 27 January 2023 Ms Anderson sent [Landlord 1] a message stating: I currently have no phone but I just got back from holiday and those idiots next door have trashed my house

Tenants are not liable for damage to the premises that is caused by someone who enters the property without their consent.

It is for the tenant to prove, to the standard of “more likely than not” that the damage was caused in those circumstances 3 .

There is no evidence of Ms Anderson having made a complaint to the police about the alleged break in and vandalism.

Ms Anderson did not participate in the hearing.

My finding is that it is not proven that the damage was caused by persons at the property without Ms Anderson’s consent.

Therefore I find that Ms Anderson is liable for the proven repair costs.

Tenants are liable for damage that is caused by anyone who is at the premises with their consent 4 .

[Landlord 1] submitted that Ms Anderson’s partner used to live with her at the property. At some point they split up, and he moved out.

There is no evidence to suggest that the partner did not have Ms Anderson’s consent to be at the premises when the incident occurred.

Ms Anderson is liable for the damage that her partner caused.

The cost of repairs is proven.

The landlords have been successful in this application, and I will also award them the filing fee of $20.44.

Name suppression is granted to the landlords 5 .

The proven claim exceeds the amount of the bond. The bond will be released to the landlords.

Tenancy Tribunal case 4594952 — Property damage

At a glance

Tenancy Tribunal case 4594952 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions