What was Tenancy Tribunal case 4642909 about?

The tribunal order states: Lydia Thompson must pay [The landlord/s] $4,531.54 immediately, calculated

How much money was awarded in case 4642909?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $385.25 awarded to landlord; Property Damage: $320.00 awarded to landlord; Broken Kitchen Tiles: $880.00 awarded to landlord; Main door, cupboard door, shower doo…: $160.00 awarded to landlord; Tap: $230.00 awarded to landlord; Replace Furnishings: Cooktop: $630.00 awarded to landlord; Rubbish Removal: $690.00 awarded to landlord; Water Charges To End Of Tenancy: $215.85 awarded to landlord

What type of tenancy dispute was case 4642909?

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

Where can I read the official tribunal order for case 4642909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9787223-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4642909 about?

The tribunal order states: Lydia Thompson must pay [The landlord/s] $4,531.54 immediately, calculated

How much money was awarded in case 4642909?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $385.25 awarded to landlord; Property Damage: $320.00 awarded to landlord; Broken Kitchen Tiles: $880.00 awarded to landlord; Main door, cupboard door, shower doo…: $160.00 awarded to landlord; Tap: $230.00 awarded to landlord; Replace Furnishings: Cooktop: $630.00 awarded to landlord; Rubbish Removal: $690.00 awarded to landlord; Water Charges To End Of Tenancy: $215.85 awarded to landlord

What type of tenancy dispute was case 4642909?

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

Where can I read the official tribunal order for case 4642909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9787223-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4642909 — Property damage

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New Zealand Tenancy Tribunal Case 4642909 — 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 4642909 — net $4,531.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water charges to end of tenancy	$215.85	Water charges to end of tenancy
Replace furnishings: cooktop	$630.00	Replace furnishings: cooktop
Lock/key replacement	$320.00	Lock/key replacement
Cleaning and carpet cleaning	$1,000.00	Cleaning and carpet cleaning
Repairs: tap	$230.00	Repairs: tap
Repairs: broken kitchen tiles	$880.00	Repairs: broken kitchen tiles
Repairs: Main door, cupboard door, shower door	$160.00	Repairs: Main door, cupboard door, shower door
Rubbish removal	$690.00	Rubbish removal
Light bulbs/batteries replacement	$385.25	Light bulbs/batteries replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,531.54
Total payable by Tenant to Landlord	$4,531.54

Claims and awards for application 4642909 — net $4,531.54 NZD. Verify on MoJ.

Water charges to end of tenancy

Amount: $215.85
Awarded to: Landlord
Reason: Water charges to end of tenancy

Replace furnishings: cooktop

Amount: $630.00
Awarded to: Landlord
Reason: Replace furnishings: cooktop

Lock/key replacement

Amount: $320.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning and carpet cleaning

Amount: $1,000.00
Awarded to: Landlord
Reason: Cleaning and carpet cleaning

Repairs: tap

Amount: $230.00
Awarded to: Landlord
Reason: Repairs: tap

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Lydia Thompson must pay [The landlord/s] $4,531.54 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy on 15 March 2023.
The landlord’s application was filed on 31 July 2023. The landlord has not provided a residential address for the tenant. However, I am satisfied that service by email on 26 October 2023 is likely to have brought the application to the tenant’s attention. The tenant knew at the end of July 2023 that the landlord had a claim for vacated compensation for more than the bond, and there was mention of trying to resolve the matter outside court. There is evidence that the tenant continued to communicate with the landlord by email after the end of the tenancy.
The tenant can apply for a rehearing if she did not receive notice of today’s hearing.

How much is owed for rent and water?

The tenancy ended on 15 March 2023. The bond of $3,280.00 was refunded to the landlord and used to pay the rent arrears of $3,183.35 and part of the water arrears. The landlord has provided information establishing the balance of the water charges.

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. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was a claim for general cleaning in the bathroom, for cleaning inside bathroom and kitchen cupboards ($350.00) cleaning the oven ($80.00) the dishwasher ($70.00) the walls ($400.00) and the carpet ($300.00) a total of $1,200.00.
The photograph of the dishwasher does not really show it looking dirty. I accept that the oven, walls, and the carpet needed cleaning. There were dark marks on the bedroom and lounge walls. There was a need to wipe inside some of the bathroom and kitchen cupboards, but the bathroom as a whole looks reasonable. I award $1,000.00 for cleaning.
The landlord’s photographs show rubbish outside in a flexi-bin. Large items of furniture such as mattresses, a bed base and a fridge had been left inside.
The tenant did not return the keys. The locks had to be changed to make the property secure.
The landlord had to replace light bulbs at the end of the tenancy.

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.
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). The tenancy agreement states that there is no insurance. The weekly rent was $820.00.
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.
A number of kitchen tiles were damaged during the tenancy and had to be replaced. The cooktop was cracked and was replaced. A wardrobe door had come off its rollers and had to be repaired. The shower door also needed to be reattached. A bathroom tap was wobbly and had to be fixed. There had been an attempt to force open the main door, damaging the locks. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee and suppression
The landlord’s application has been successful. I award the filing fee and grant suppression as requested.

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 4642909 — net $4,531.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water charges to end of tenancy	$215.85	Water charges to end of tenancy
Replace furnishings: cooktop	$630.00	Replace furnishings: cooktop
Lock/key replacement	$320.00	Lock/key replacement
Cleaning and carpet cleaning	$1,000.00	Cleaning and carpet cleaning
Repairs: tap	$230.00	Repairs: tap
Repairs: broken kitchen tiles	$880.00	Repairs: broken kitchen tiles
Repairs: Main door, cupboard door, shower door	$160.00	Repairs: Main door, cupboard door, shower door
Rubbish removal	$690.00	Rubbish removal
Light bulbs/batteries replacement	$385.25	Light bulbs/batteries replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,531.54
Total payable by Tenant to Landlord	$4,531.54

Claims and awards for application 4642909 — net $4,531.54 NZD. Verify on MoJ.

Water charges to end of tenancy

Amount: $215.85
Awarded to: Landlord
Reason: Water charges to end of tenancy

Replace furnishings: cooktop

Amount: $630.00
Awarded to: Landlord
Reason: Replace furnishings: cooktop

Lock/key replacement

Amount: $320.00
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning and carpet cleaning

Amount: $1,000.00
Awarded to: Landlord
Reason: Cleaning and carpet cleaning

Repairs: tap

Amount: $230.00
Awarded to: Landlord
Reason: Repairs: tap

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Lydia Thompson must pay [The landlord/s] $4,531.54 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy on 15 March 2023.
The landlord’s application was filed on 31 July 2023. The landlord has not provided a residential address for the tenant. However, I am satisfied that service by email on 26 October 2023 is likely to have brought the application to the tenant’s attention. The tenant knew at the end of July 2023 that the landlord had a claim for vacated compensation for more than the bond, and there was mention of trying to resolve the matter outside court. There is evidence that the tenant continued to communicate with the landlord by email after the end of the tenancy.
The tenant can apply for a rehearing if she did not receive notice of today’s hearing.

How much is owed for rent and water?

The tenancy ended on 15 March 2023. The bond of $3,280.00 was refunded to the landlord and used to pay the rent arrears of $3,183.35 and part of the water arrears. The landlord has provided information establishing the balance of the water charges.

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. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. There was a claim for general cleaning in the bathroom, for cleaning inside bathroom and kitchen cupboards ($350.00) cleaning the oven ($80.00) the dishwasher ($70.00) the walls ($400.00) and the carpet ($300.00) a total of $1,200.00.
The photograph of the dishwasher does not really show it looking dirty. I accept that the oven, walls, and the carpet needed cleaning. There were dark marks on the bedroom and lounge walls. There was a need to wipe inside some of the bathroom and kitchen cupboards, but the bathroom as a whole looks reasonable. I award $1,000.00 for cleaning.
The landlord’s photographs show rubbish outside in a flexi-bin. Large items of furniture such as mattresses, a bed base and a fridge had been left inside.
The tenant did not return the keys. The locks had to be changed to make the property secure.
The landlord had to replace light bulbs at the end of the tenancy.

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.
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). The tenancy agreement states that there is no insurance. The weekly rent was $820.00.
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.
A number of kitchen tiles were damaged during the tenancy and had to be replaced. The cooktop was cracked and was replaced. A wardrobe door had come off its rollers and had to be repaired. The shower door also needed to be reattached. A bathroom tap was wobbly and had to be fixed. There had been an attempt to force open the main door, damaging the locks. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee and suppression
The landlord’s application has been successful. I award the filing fee and grant suppression as requested.

Tenancy Tribunal case 4642909 — Property damage

At a glance

Tenancy Tribunal case 4642909 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Frequently asked questions