What was Tenancy Tribunal case 4632189 about?

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

How much money was awarded in case 4632189?

Cleaning: $225.00 awarded to landlord; Cleaning: $656.58 awarded to landlord; Credit Held: $1,040.02 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Property Damage: $265.00 awarded to landlord; Property Damage: $491.26 awarded to landlord; Replace Furnishings: Heat Pump: $1,300.00 awarded to landlord

What type of tenancy dispute was case 4632189?

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

Where can I read the official tribunal order for case 4632189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9381585-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4632189 about?

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

How much money was awarded in case 4632189?

Cleaning: $225.00 awarded to landlord; Cleaning: $656.58 awarded to landlord; Credit Held: $1,040.02 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Property Damage: $265.00 awarded to landlord; Property Damage: $491.26 awarded to landlord; Replace Furnishings: Heat Pump: $1,300.00 awarded to landlord

What type of tenancy dispute was case 4632189?

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

Where can I read the official tribunal order for case 4632189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9381585-Tribunal_Order_Redacted.pdf.

59 Tiro Tiro Road, Levin, Levin 5510 Tenancy Tribunal Case 4632189 — Cleanliness

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59 Tiro Tiro Road, Levin, Levin 5510 Tenancy Tribunal Case 4632189 — Cleanliness | 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 4632189 — net $118.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Replace furnishings: heat pump	$1,300.00		Replace furnishings: heat pump
Carpet Cleaning	$225.00		Carpet Cleaning
Cleaning	$656.58		Cleaning
Lock/key replacement	$265.00		Lock/key replacement
Repairs	$491.26		Repairs
Filing fee reimbursement	$20.44		Filing fee reimbursement
Credit held		$1,040.02	Credit held
Total award	$2,958.28	$1,040.02
Net award	$118.26
Total payable by Tenant to Landlord	$118.26

Claims and awards for application 4632189 — net $118.26 NZD. Verify on MoJ.

Replace furnishings: heat pump

Amount: $1,300.00
Awarded to: Landlord
Reason: Replace furnishings: heat pump

Carpet Cleaning

Amount: $225.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $656.58
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $265.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs

Amount: $491.26
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the Landlord’s name and identifying details.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Ngariki Waihape must pay [The landlord/s] $118.26 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing. Service
This tenancy ended on 23 February 2023. The application was filed by the landlord with Tenancy Services on 18 July 2023.
Section 91A RTA provides that where a landlord files an application more than two months after the termination of the tenancy, any notice must be served on the tenant either: • Personally; or • By posting it to an address provided by the tenant within 2 months before the application; or • By delivering it to where the tenant now lives and leaving it with someone who appears to be over 16 years of age; or • By giving it to the tenant’s solicitor or authorised agent.
Section 91B (2)(b) RTA allows the Tribunal to direct that the notice or any other document be treated as served if steps have been taken that are likely to have brought the notice to the attention of the party.
The landlord advised that it had received an email from the tenant on 4 September 2023 from the email address provided in the tenancy agreement and to which notices regarding this hearing have been sent. The landlord also produced evidence of an email to that address being received by the tenant on 18 July 2023. Service on this tenant was carried out by sending the documents to the tenant’s email address.
Notice of the hearing was also sent by SMS to the tenant’s mobile phone.
It is appropriate that the Tribunal direct that the proceedings are to be treated as having been served on the tenant pursuant to section 91B(2)(b). Claims
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 23 February 2023. The landlord provided rent records which show that the tenant was $1,040.02 in credit with his rent at 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, 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 must also replace standard light bulbs.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy. The photographs indicated that the tenant had not made any attempt to clean the property and that there were stains on the carpet in three bedrooms that need to be removed by a professional carpet cleaner.
The tenant did not return the keys.
The landlord had to replace light bulbs.
The heat pump in the living room was removed. The landlord claimed a sum of $$2,643.74 but could not provide evidence of its age. A search of the internet suggested that the model of heat pump was not more than five years old. The Inland Revenue Guide IR 265 provides that a heat pump has an expected useful life of ten years. On this basis an award of approximately half the sum claimed is appropriate to take account of depreciation and betterment.
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 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.
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.
The landlord provided photographic evidence that the following damage was caused during the tenancy: • A garage door handle was broken. • There was a hole in the hallway wall. • Paint was removed from a bedroom door, perhaps by the removal of a sticker. • There was a drawing of a stag’s head on a wall in the living room. • There was drawing on a bedroom wall. • The sliding door’s pelmet was cracked. • The paint on kitchen cupboards had been damaged.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The damage is a mixture of careless and intentional damage. The tenant’s liability is limited to the lesser of the landlord’s insurance excess of $500.00 or four weeks’ rent ($2,400.00). The total amount claimed is less than the landlord’s insurance excess.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. I am satisfied that the repairs undertaken by the landlord do not place the property in better condition than it was in at the start of the tenancy and so it is not appropriate to reduce the amount awarded.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

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 4632189 — net $118.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Replace furnishings: heat pump	$1,300.00		Replace furnishings: heat pump
Carpet Cleaning	$225.00		Carpet Cleaning
Cleaning	$656.58		Cleaning
Lock/key replacement	$265.00		Lock/key replacement
Repairs	$491.26		Repairs
Filing fee reimbursement	$20.44		Filing fee reimbursement
Credit held		$1,040.02	Credit held
Total award	$2,958.28	$1,040.02
Net award	$118.26
Total payable by Tenant to Landlord	$118.26

Claims and awards for application 4632189 — net $118.26 NZD. Verify on MoJ.

Replace furnishings: heat pump

Amount: $1,300.00
Awarded to: Landlord
Reason: Replace furnishings: heat pump

Carpet Cleaning

Amount: $225.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $656.58
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $265.00
Awarded to: Landlord
Reason: Lock/key replacement

Repairs

Amount: $491.26
Awarded to: Landlord
Reason: Repairs

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the Landlord’s name and identifying details.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Ngariki Waihape must pay [The landlord/s] $118.26 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing. Service
This tenancy ended on 23 February 2023. The application was filed by the landlord with Tenancy Services on 18 July 2023.
Section 91A RTA provides that where a landlord files an application more than two months after the termination of the tenancy, any notice must be served on the tenant either: • Personally; or • By posting it to an address provided by the tenant within 2 months before the application; or • By delivering it to where the tenant now lives and leaving it with someone who appears to be over 16 years of age; or • By giving it to the tenant’s solicitor or authorised agent.
Section 91B (2)(b) RTA allows the Tribunal to direct that the notice or any other document be treated as served if steps have been taken that are likely to have brought the notice to the attention of the party.
The landlord advised that it had received an email from the tenant on 4 September 2023 from the email address provided in the tenancy agreement and to which notices regarding this hearing have been sent. The landlord also produced evidence of an email to that address being received by the tenant on 18 July 2023. Service on this tenant was carried out by sending the documents to the tenant’s email address.
Notice of the hearing was also sent by SMS to the tenant’s mobile phone.
It is appropriate that the Tribunal direct that the proceedings are to be treated as having been served on the tenant pursuant to section 91B(2)(b). Claims
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 23 February 2023. The landlord provided rent records which show that the tenant was $1,040.02 in credit with his rent at 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, 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 must also replace standard light bulbs.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy. The photographs indicated that the tenant had not made any attempt to clean the property and that there were stains on the carpet in three bedrooms that need to be removed by a professional carpet cleaner.
The tenant did not return the keys.
The landlord had to replace light bulbs.
The heat pump in the living room was removed. The landlord claimed a sum of $$2,643.74 but could not provide evidence of its age. A search of the internet suggested that the model of heat pump was not more than five years old. The Inland Revenue Guide IR 265 provides that a heat pump has an expected useful life of ten years. On this basis an award of approximately half the sum claimed is appropriate to take account of depreciation and betterment.
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 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.
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.
The landlord provided photographic evidence that the following damage was caused during the tenancy: • A garage door handle was broken. • There was a hole in the hallway wall. • Paint was removed from a bedroom door, perhaps by the removal of a sticker. • There was a drawing of a stag’s head on a wall in the living room. • There was drawing on a bedroom wall. • The sliding door’s pelmet was cracked. • The paint on kitchen cupboards had been damaged.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The damage is a mixture of careless and intentional damage. The tenant’s liability is limited to the lesser of the landlord’s insurance excess of $500.00 or four weeks’ rent ($2,400.00). The total amount claimed is less than the landlord’s insurance excess.
The amounts ordered are proved.
I have considered betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. I am satisfied that the repairs undertaken by the landlord do not place the property in better condition than it was in at the start of the tenancy and so it is not appropriate to reduce the amount awarded.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4632189 — Cleanliness at 59 Tiro Tiro Road, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4632189 — Cleanliness at 59 Tiro Tiro Road, Levin, Levin 5510

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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