What was Tenancy Tribunal case 4600369 about?

The tribunal order states: The landlords’ names and identifying details including the tenancy address must

How much money was awarded in case 4600369?

Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting - 50% Reduction For Depreci…: $582.68 awarded to landlord; Property Damage: $697.44 awarded to landlord; Property Damage: $460.77 awarded to landlord; Property Damage: $305.25 awarded to landlord; Property Damage: $474.92 awarded to landlord; Property Damage: $434.17 awarded to landlord; Rubbish Removal: $1,170.00 awarded to landlord; Water Rates: $1,834.01 awarded to landlord

What type of tenancy dispute was case 4600369?

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

Where can I read the official tribunal order for case 4600369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10129016-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4600369 about?

The tribunal order states: The landlords’ names and identifying details including the tenancy address must

How much money was awarded in case 4600369?

Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting - 50% Reduction For Depreci…: $582.68 awarded to landlord; Property Damage: $697.44 awarded to landlord; Property Damage: $460.77 awarded to landlord; Property Damage: $305.25 awarded to landlord; Property Damage: $474.92 awarded to landlord; Property Damage: $434.17 awarded to landlord; Rubbish Removal: $1,170.00 awarded to landlord; Water Rates: $1,834.01 awarded to landlord

What type of tenancy dispute was case 4600369?

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

Where can I read the official tribunal order for case 4600369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10129016-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4600369 — Property damage

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 4600369 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4600369. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,834.01	Water rates
Outdoor cleaning and tidying	$500.00	Outdoor cleaning and tidying
Indoor cleaning and rubbish removal	$1,170.00	Indoor cleaning and rubbish removal
Lock/key replacement due to damage	$697.44	Lock/key replacement due to damage
Painting - 50% reduction for depreciation	$582.68	Painting - 50% reduction for depreciation
Bedroom wall repairs	$460.77	Bedroom wall repairs
Light fitting repair	$305.25	Light fitting repair
Window repairs	$474.92	Window repairs
Chorus invoice for hardware repairs	$434.17	Chorus invoice for hardware repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4600369. Verify on MoJ.

Water rates

Amount: $1,834.01
Awarded to: Landlord
Reason: Water rates

Outdoor cleaning and tidying

Amount: $500.00
Awarded to: Landlord
Reason: Outdoor cleaning and tidying

Indoor cleaning and rubbish removal

Amount: $1,170.00
Awarded to: Landlord
Reason: Indoor cleaning and rubbish removal

Lock/key replacement due to damage

Amount: $697.44
Awarded to: Landlord
Reason: Lock/key replacement due to damage

Painting - 50% reduction for depreciation

Amount: $582.68
Awarded to: Landlord
Reason: Painting - 50% reduction for depreciation

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

The landlords’ names and identifying details including the tenancy address must not be published.
Amber Ritia Naomi Teiho must pay [the landlords] $6,479.68 immediately, calculated as shown in table below. DescriptionLandlord Water rates$1,834.01 Outdoor cleaning and tidying$500.00 Indoor cleaning and rubbish removal$1,170.00 Lock/key replacement due to damage$697.44 Painting - 50% reduction for depreciation$582.68 Bedroom wall repairs$460.77 Light fitting repair$305.25 Window repairs$474.92 Chorus invoice for hardware repairs$434.17 Filing fee reimbursement$20.44 Total award$6,479.68

Reasons

The landlords were represented by the nephew of one of them.
The tenant did not attend. The tenant was granted an adjournment when she did not attend the last hearing. The hearing proceeded in the tenant’s absence.
The landlords have applied for compensation and reimbursement of the filing fee following the end of the tenancy. Water arrears
The landlords provided water invoices and a summary that prove the tenant’s water arrears.
I decline to order the tenant to reimburse the landlords for late payment fees because the invoices are in the landlords’ names not the tenant’s name.

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

At the end of the tenancy, 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. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all their rubbish.
The landlords submitted photographs showing the premises was not left clean and tidy and free from rubbish. They submitted invoices proving the costs they incurred to restore the premises to a clean and tidy, rubbish-free condition.
The amounts the Tribunal orders for cleaning and rubbish removal in the table above are proved.
Chorus, a fibre network provider, invoiced the landlords $434.17 for damage to its a fibre cable and a control box which modems are plugged into. The tenant is responsible for the damage and must reimburse the landlords for the cost. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v).

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. 2
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. 3
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. 4
During the tenancy, several door locks were damaged. The paintwork was damaged in several places including the living room, the exterior front door area, and the garage door. Three panes of glass in a window were broken. One of the bedrooms walls was badly dented. A light fitting near the kitchen was broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered for the damage are proved.
I do not make an order for damage to the guttering because it was not established if, or when the damage occurred.
I have reduced the cost of the paintwork by 50 per cent to account for depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations. Filing fee
The tenant must reimburse the landlords for the filing fee because they have substantially succeeded in their claim. 2 RTA, ss 40(2)(a), 41 and 49B RTA. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541. Non-publication
The landlords seek an order for non-publication.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 5
The landlords have substantially succeeded in the proceedings. I do not consider that publication is in the public interest or is justified by the landlords’ conduct or any other circumstances of the case.
It follows, a non-publication order is made.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4600369. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,834.01	Water rates
Outdoor cleaning and tidying	$500.00	Outdoor cleaning and tidying
Indoor cleaning and rubbish removal	$1,170.00	Indoor cleaning and rubbish removal
Lock/key replacement due to damage	$697.44	Lock/key replacement due to damage
Painting - 50% reduction for depreciation	$582.68	Painting - 50% reduction for depreciation
Bedroom wall repairs	$460.77	Bedroom wall repairs
Light fitting repair	$305.25	Light fitting repair
Window repairs	$474.92	Window repairs
Chorus invoice for hardware repairs	$434.17	Chorus invoice for hardware repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement

Claims and awards for application 4600369. Verify on MoJ.

Water rates

Amount: $1,834.01
Awarded to: Landlord
Reason: Water rates

Outdoor cleaning and tidying

Amount: $500.00
Awarded to: Landlord
Reason: Outdoor cleaning and tidying

Indoor cleaning and rubbish removal

Amount: $1,170.00
Awarded to: Landlord
Reason: Indoor cleaning and rubbish removal

Lock/key replacement due to damage

Amount: $697.44
Awarded to: Landlord
Reason: Lock/key replacement due to damage

Painting - 50% reduction for depreciation

Amount: $582.68
Awarded to: Landlord
Reason: Painting - 50% reduction for depreciation

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

The landlords’ names and identifying details including the tenancy address must not be published.
Amber Ritia Naomi Teiho must pay [the landlords] $6,479.68 immediately, calculated as shown in table below. DescriptionLandlord Water rates$1,834.01 Outdoor cleaning and tidying$500.00 Indoor cleaning and rubbish removal$1,170.00 Lock/key replacement due to damage$697.44 Painting - 50% reduction for depreciation$582.68 Bedroom wall repairs$460.77 Light fitting repair$305.25 Window repairs$474.92 Chorus invoice for hardware repairs$434.17 Filing fee reimbursement$20.44 Total award$6,479.68

Reasons

The landlords were represented by the nephew of one of them.
The tenant did not attend. The tenant was granted an adjournment when she did not attend the last hearing. The hearing proceeded in the tenant’s absence.
The landlords have applied for compensation and reimbursement of the filing fee following the end of the tenancy. Water arrears
The landlords provided water invoices and a summary that prove the tenant’s water arrears.
I decline to order the tenant to reimburse the landlords for late payment fees because the invoices are in the landlords’ names not the tenant’s name.

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

At the end of the tenancy, 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. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all their rubbish.
The landlords submitted photographs showing the premises was not left clean and tidy and free from rubbish. They submitted invoices proving the costs they incurred to restore the premises to a clean and tidy, rubbish-free condition.
The amounts the Tribunal orders for cleaning and rubbish removal in the table above are proved.
Chorus, a fibre network provider, invoiced the landlords $434.17 for damage to its a fibre cable and a control box which modems are plugged into. The tenant is responsible for the damage and must reimburse the landlords for the cost. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(ii)-(v).

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. 2
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. 3
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. 4
During the tenancy, several door locks were damaged. The paintwork was damaged in several places including the living room, the exterior front door area, and the garage door. Three panes of glass in a window were broken. One of the bedrooms walls was badly dented. A light fitting near the kitchen was broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered for the damage are proved.
I do not make an order for damage to the guttering because it was not established if, or when the damage occurred.
I have reduced the cost of the paintwork by 50 per cent to account for depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations. Filing fee
The tenant must reimburse the landlords for the filing fee because they have substantially succeeded in their claim. 2 RTA, ss 40(2)(a), 41 and 49B RTA. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541. Non-publication
The landlords seek an order for non-publication.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 5
The landlords have substantially succeeded in the proceedings. I do not consider that publication is in the public interest or is justified by the landlords’ conduct or any other circumstances of the case.
It follows, a non-publication order is made.

Tenancy Tribunal case 4600369 — Property damage

At a glance

Tenancy Tribunal case 4600369 — Property damage

At a glance

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

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