What was Tenancy Tribunal case 4618589 about?

The tribunal order states: Molly Lee Bull-Jackson must pay [the landlords] $3,944.15 immediately,

How much money was awarded in case 4618589?

Cleaning: $569.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order In Application 461858…: $2,474.50 awarded to landlord; Property Damage: $420.79 awarded to landlord; Property Damage: $300.00 awarded to landlord; Rubbish Removal: $159.42 awarded to landlord

What type of tenancy dispute was case 4618589?

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

Where can I read the official tribunal order for case 4618589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9861959-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4618589 about?

The tribunal order states: Molly Lee Bull-Jackson must pay [the landlords] $3,944.15 immediately,

How much money was awarded in case 4618589?

Cleaning: $569.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order In Application 461858…: $2,474.50 awarded to landlord; Property Damage: $420.79 awarded to landlord; Property Damage: $300.00 awarded to landlord; Rubbish Removal: $159.42 awarded to landlord

What type of tenancy dispute was case 4618589?

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

Where can I read the official tribunal order for case 4618589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9861959-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4618589 — Property damage

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4618589. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order in application 4618589 dated 14/08/2023	$2,474.50	Previous order in application 4618589 dated 14/08/2023
Cleaning	$569.00	Cleaning
Rubbish removal	$159.42	Rubbish removal
Lock/key replacement and repair	$420.79	Lock/key replacement and repair
Repairs - small contribution only	$300.00	Repairs - small contribution only
Filing fee reimbursement	$20.44	Filing fee reimbursement

Molly Lee Bull-Jackson must pay [the landlords] $3,944.15 immediately, calculated as shown in table below. DescriptionLandlord Previous order in application 4618589 dated 14/08/2023$2,474.50 Cleaning$569.00 Rubbish removal$159.42 Lock/key replacement and repair$420.79 Repairs - small contribution only$300.00 Filing fee reimbursement$20.44 Total award$3,944.15

Reasons

One of the landlords attended the hearing by telephone.

The tenant did not attend. The file indicates the tenant was given notice of the hearing and several reminders. The hearing proceeded in the tenant’s absence.

The landlords apply for compensation and reimbursement of the filing fee following the end of the tenancy. The Tribunal’s previous order

On 14 August 2023, the Tribunal ordered termination of the tenancy at 11:59PM on 16 August 2023, and that the tenant pay the landlords $2,474.50 for rent and water arrears after payment out of the bond.

That monetary order is included in this order to streamline enforcement.

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 their rubbish, and return all keys. 1

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

The tenant did not return all the keys and a lock was damaged.

The amounts ordered for cleaning, rubbish removal, and lock rekeying and repair are proved.

Is the tenant responsible for the damage to the premises?

The landlords claim $300.00 towards extensive damage at the premises for repair work they travelled up from Wellington for and carried out themselves. The landlords submit they are only seeking a modest contribution towards their time and costs because the tenant relies on social welfare for her income. 1 Residential Tenancies Act 1986 (RTA) , s 40(1)(e)(ii)-(v)

The landlords 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, the premises which from the photographs appear to be originally “as new” at the being of the tenancy suffered extensive. The damage included many scratches and holes in the walls. Some substandard wall plastering and painting repairs were attempted but the landlords had to replaster and repaint the attempted and repairs as well as other damaged. Many doors were missing screws. A wooden fence had been constructed on the deck. Two curtain rails had to be replaced. Several window latches were missing. The smoke alarms had been removed.

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

I accept the amount sought in compensation for the damage is far less than the landlord’s actual costs, let alone the substantial amount of time they spent doing the repairs.

The modest amount of compensation of $300.00 requested is proved. Filing fee

Because the landlords have wholly succeeded in their claim, the Tribunal must order the tenant to reimburse the landlords for the filing fee. 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 order

The landlords’ names and identifying details were suppressed in the Tribunal’s previous order and the landlords seek non-publication of their details in this order also.

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 landlord have wholly succeeded in the proceedings. I do not consider that publication is in the public interest or is justified because of the landlords’ conduct on any other circumstances of the case.

Non-publication of the landlords’ identifying details including the tenancy address is ordered.

Order

Claims and awards in Tenancy Tribunal application 4618589. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order in application 4618589 dated 14/08/2023	$2,474.50	Previous order in application 4618589 dated 14/08/2023
Cleaning	$569.00	Cleaning
Rubbish removal	$159.42	Rubbish removal
Lock/key replacement and repair	$420.79	Lock/key replacement and repair
Repairs - small contribution only	$300.00	Repairs - small contribution only
Filing fee reimbursement	$20.44	Filing fee reimbursement