How much money was awarded in case 4626517?

Cleaning: $50.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $324.59 awarded to landlord; Property Damage: $109.00 awarded to landlord; Property Damage: $20.00 awarded to landlord; Rubbish Removal: $196.00 awarded to landlord

What type of tenancy dispute was case 4626517?

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

Where can I read the official tribunal order for case 4626517?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9404191-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4626517?

Cleaning: $50.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $324.59 awarded to landlord; Property Damage: $109.00 awarded to landlord; Property Damage: $20.00 awarded to landlord; Rubbish Removal: $196.00 awarded to landlord

What type of tenancy dispute was case 4626517?

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

Where can I read the official tribunal order for case 4626517?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9404191-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4626517 — Property damage

Q: What was Tenancy Tribunal case 4626517 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 4626517 — net $90.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$324.59	Window repairs
Cleaning	$250.00	Cleaning
Carpet Cleaning: Rug Doctor hire	$50.00	Carpet Cleaning: Rug Doctor hire
Rubbish removal	$196.00	Rubbish removal
Lock/key replacement	$109.00	Lock/key replacement
Recycle bin replacement	$20.00	Recycle bin replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$90.03
Total payable by Tenant to Landlord	$90.03

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

Xavier Maru-Blake must pay [The landlord/s] $90.03 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $880.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this remote teleconference hearing.

Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given.

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

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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided an invoice in support of the claim. The landlord said that dog excrement was on the deck and that the bathroom and kitchen were left particularly dirty. The actual cost of cleaning to the landlord was $500.00. The landlord has only claimed $250.00 which was the cleaning required to bring the premises to a reasonably clean and tidy standard.

The landlord hired a rug doctor to clean the carpets at a cost of $50.00. The rug doctor was used to remove pet stains and odour.

The tenant did not return the keys. An invoice was provided for the lock change of $109.00.

The tenant left rubbish behind both inside and outside. An invoice for rubbish removal and recycling centre costs of $196.00 was provided

The council recycling bin was missing at the end of the tenancy. The replacement cost was $20.00.

The amounts ordered are 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. The landlord is insured. The insurance excess on each claim is $2,150.00.

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.

A window was broken damage during the tenancy. The landlord said that the tenant admitted breaking the window whilst moving out and that the tenant had said to deduct the cost from his bond. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The repair invoice is for $324.59.

The amounts ordered are proved.

As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The landlord has applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord details is ordered.

Order

Claims and awards in Tenancy Tribunal application 4626517 — net $90.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$324.59	Window repairs
Cleaning	$250.00	Cleaning
Carpet Cleaning: Rug Doctor hire	$50.00	Carpet Cleaning: Rug Doctor hire
Rubbish removal	$196.00	Rubbish removal
Lock/key replacement	$109.00	Lock/key replacement
Recycle bin replacement	$20.00	Recycle bin replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$90.03
Total payable by Tenant to Landlord	$90.03

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

Xavier Maru-Blake must pay [The landlord/s] $90.03 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $880.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this remote teleconference hearing.

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

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

The landlord hired a rug doctor to clean the carpets at a cost of $50.00. The rug doctor was used to remove pet stains and odour.

The tenant did not return the keys. An invoice was provided for the lock change of $109.00.

The tenant left rubbish behind both inside and outside. An invoice for rubbish removal and recycling centre costs of $196.00 was provided

The council recycling bin was missing at the end of the tenancy. The replacement cost was $20.00.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The landlord has applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord details is ordered.

Tenancy Tribunal case 4626517 — Property damage

At a glance

Tenancy Tribunal case 4626517 — Property damage

At a glance

Award balance

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

Award balance

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