What was Tenancy Tribunal case 4663531 about?

The tribunal order states: Vithyagan Mohan and Sophie Rose Hogan must pay [The landlord/s] $6,836.50

How much money was awarded in case 4663531?

Cleaning: $494.50 awarded to landlord; Cleaning: $575.00 awarded to landlord; Cleaning: $98.90 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent: $525.71 awarded to landlord; Rubbish Removal: $3,358.00 awarded to landlord; Smoke Alarms: $103.50 awarded to landlord; Walls and Doors: $4,197.50 awarded to landlord; Water Charges To End Of Tenancy: $182.95 awarded to landlord

What type of tenancy dispute was case 4663531?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4663531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9784258-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4663531 about?

The tribunal order states: Vithyagan Mohan and Sophie Rose Hogan must pay [The landlord/s] $6,836.50

How much money was awarded in case 4663531?

Cleaning: $494.50 awarded to landlord; Cleaning: $575.00 awarded to landlord; Cleaning: $98.90 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent: $525.71 awarded to landlord; Rubbish Removal: $3,358.00 awarded to landlord; Smoke Alarms: $103.50 awarded to landlord; Walls and Doors: $4,197.50 awarded to landlord; Water Charges To End Of Tenancy: $182.95 awarded to landlord

What type of tenancy dispute was case 4663531?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4663531?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9784258-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4663531 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4663531 — net $6,836.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 28 August 2023	$525.71	Rent to 28 August 2023
Water charges to end of tenancy	$182.95	Water charges to end of tenancy
Carpet Cleaning	$494.50	Carpet Cleaning
Cleaning	$575.00	Cleaning
Cleaning: drapes	$98.90	Cleaning: drapes
Rubbish removal	$3,358.00	Rubbish removal
Replace smoke alarms	$103.50	Replace smoke alarms
Repairs to walls and doors	$4,197.50	Repairs to walls and doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,836.50
Total payable by Tenant to Landlord	$6,836.50

The landlord attended the hearing today.

The landlord applied for termination, rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee.

The landlord’s application was filed on 22 August 2023. The tenants left on 28 August 2023 after giving notice. The landlord has possession and there is no need for a termination/possession order.

How much is owed for rent and water?

The landlord provided rent records and water invoices which prove the amount owing to 28 August 2023.

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 is required to replace worn out smoke alarm batteries during the tenancy.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenants had 2 dogs during the tenancy, in breach of the tenancy agreement. The landlord had to clean the carpets twice to remove the dog stains and smell. The drapes were mouldy and needed cleaning. There was a need to mop the vinyl floors and clean inside cupboards.

There were considerable amounts of rubbish left behind, mainly in the garage. The landlord had to pay for a skip bin the tenants had brought onto the premises but had not paid for.

The tenant removed the smoke alarms and their batteries. The alarms had to be replaced.

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 caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or 4 weeks' rent. The weekly rent was $680.00. The insurance excess was $500.00.

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.

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.

There were 9-10 walls and doors that were damaged during the tenancy. The property had been painted and renovated prior to the tenancy, so there were no marks on the walls when the tenancy started. 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 has been successful. The filing fee is awarded, and suppression granted as requested.

Claims and awards in Tenancy Tribunal application 4663531 — net $6,836.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 28 August 2023	$525.71	Rent to 28 August 2023
Water charges to end of tenancy	$182.95	Water charges to end of tenancy
Carpet Cleaning	$494.50	Carpet Cleaning
Cleaning	$575.00	Cleaning
Cleaning: drapes	$98.90	Cleaning: drapes
Rubbish removal	$3,358.00	Rubbish removal
Replace smoke alarms	$103.50	Replace smoke alarms
Repairs to walls and doors	$4,197.50	Repairs to walls and doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,836.50
Total payable by Tenant to Landlord	$6,836.50

Order

Vithyagan Mohan and Sophie Rose Hogan must pay [The landlord/s] $6,836.50 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing today.
The landlord applied for termination, rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee.
The landlord’s application was filed on 22 August 2023. The tenants left on 28 August 2023 after giving notice. The landlord has possession and there is no need for a termination/possession order.

How much is owed for rent and water?

The landlord provided rent records and water invoices which prove the amount owing to 28 August 2023.

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 is required to replace worn out smoke alarm batteries during the tenancy.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenants had 2 dogs during the tenancy, in breach of the tenancy agreement. The landlord had to clean the carpets twice to remove the dog stains and smell. The drapes were mouldy and needed cleaning. There was a need to mop the vinyl floors and clean inside cupboards.
There were considerable amounts of rubbish left behind, mainly in the garage. The landlord had to pay for a skip bin the tenants had brought onto the premises but had not paid for.
The tenant removed the smoke alarms and their batteries. The alarms had to be replaced.

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 caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or 4 weeks' rent. The weekly rent was $680.00. The insurance excess was $500.00.
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.
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.
There were 9-10 walls and doors that were damaged during the tenancy. The property had been painted and renovated prior to the tenancy, so there were no marks on the walls when the tenancy started. 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 has been successful. The filing fee is awarded, and suppression granted as requested.

Tenancy Tribunal case 4663531 — Property damage

At a glance

Tenancy Tribunal case 4663531 — 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