What was Tenancy Tribunal case 4673650 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $2,549.40 immediately, calculated as

How much money was awarded in case 4673650?

Cleaning: $253.00 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Walls, Locks And Toilet Seat: $839.50 awarded to landlord; Water Rates: $56.46 awarded to landlord

What type of tenancy dispute was case 4673650?

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

Where can I read the official tribunal order for case 4673650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10112191-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4673650 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $2,549.40 immediately, calculated as

How much money was awarded in case 4673650?

Cleaning: $253.00 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Walls, Locks And Toilet Seat: $839.50 awarded to landlord; Water Rates: $56.46 awarded to landlord

What type of tenancy dispute was case 4673650?

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

Where can I read the official tribunal order for case 4673650?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10112191-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4673650 — Property damage

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New Zealand Tenancy Tribunal Case 4673650 — 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 4673650 — net $2,549.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$56.46	4. I order the tenant to pay $56.46 for water rates arrears .
Cleaning: including rubbish removal	$1,380.00	Cleaning: including rubbish removal
Carpet Cleaning	$253.00	Carpet Cleaning
Repairs: walls, locks and toilet seat	$839.50	Repairs: walls, locks and toilet seat
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,549.40
Total payable by Tenant to Landlord	$2,549.40

Claims and awards for application 4673650 — net $2,549.40 NZD. Verify on MoJ.

Water rates

Amount: $56.46
Awarded to: Landlord
Reason: 4. I order the tenant to pay $56.46 for water rates arrears .

Cleaning: including rubbish removal

Amount: $1,380.00
Awarded to: Landlord
Reason: Cleaning: including rubbish removal

Carpet Cleaning

Amount: $253.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: walls, locks and toilet seat

Amount: $839.50
Awarded to: Landlord
Reason: Repairs: walls, locks and toilet seat

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Rubbish Removal Filing Fee Property damage Water Rates

Order

[The tenant/s] must pay [The landlord/s] $2,549.40 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 20 th March 2024. The tenant did not.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 22 nd July 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.
I order the tenant to pay $56.46 for water rates arrears .

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, and remove all rubbish.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord has provided photos and invoices to prove the claims.
The amounts ordered for cleaning and carpet cleaning 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.
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.
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.
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.
There were damages to walls, locks and the toilet seat was missing.
I find that the tenant is liable and the amount ordered are proved.
I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee reimbursement
Because [The applicant/s] has wholly succeeded with the claim, the tenant must reimburse 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 4673650 — net $2,549.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$56.46	4. I order the tenant to pay $56.46 for water rates arrears .
Cleaning: including rubbish removal	$1,380.00	Cleaning: including rubbish removal
Carpet Cleaning	$253.00	Carpet Cleaning
Repairs: walls, locks and toilet seat	$839.50	Repairs: walls, locks and toilet seat
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,549.40
Total payable by Tenant to Landlord	$2,549.40

Claims and awards for application 4673650 — net $2,549.40 NZD. Verify on MoJ.

Water rates

Amount: $56.46
Awarded to: Landlord
Reason: 4. I order the tenant to pay $56.46 for water rates arrears .

Cleaning: including rubbish removal

Amount: $1,380.00
Awarded to: Landlord
Reason: Cleaning: including rubbish removal

Carpet Cleaning

Amount: $253.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: walls, locks and toilet seat

Amount: $839.50
Awarded to: Landlord
Reason: Repairs: walls, locks and toilet seat

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Rubbish Removal Filing Fee Property damage Water Rates

Order

[The tenant/s] must pay [The landlord/s] $2,549.40 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing on 20 th March 2024. The tenant did not.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 22 nd July 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.
I order the tenant to pay $56.46 for water rates arrears .

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, and remove all rubbish.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord has provided photos and invoices to prove the claims.
The amounts ordered for cleaning and carpet cleaning 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.
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.
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.
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.
There were damages to walls, locks and the toilet seat was missing.
I find that the tenant is liable and the amount ordered are proved.
I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee reimbursement
Because [The applicant/s] has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4673650 — Property damage

At a glance

Tenancy Tribunal case 4673650 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

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