What was Tenancy Tribunal case 4674790 about?

The tribunal order states: Kylie Jane Harwood (also known as Kylie Davies) must pay [The landlord/s]

How much money was awarded in case 4674790?

Cleaning: $402.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4590209 D…: $5,222.70 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $130.00 awarded to landlord; Property Damage: $253.00 awarded to landlord; 3 X Doors: $379.50 awarded to landlord; Broken Guttering Shed: $273.47 awarded to landlord; Cupboard Door X 1 Excess: $550.00 awarded to landlord; Repainting Two Rooms X 2 Excess: $1,100.00 awarded to landlord; Property Damage: $575.00 awarded to landlord; Replace Clothesline X 1 Excess: $550.00 awarded to landlord; Rubbish Removal: $4,571.25 awarded to landlord; Smoke Alarms: $57.50 awarded to landlord

What type of tenancy dispute was case 4674790?

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

Where can I read the official tribunal order for case 4674790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9790913-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4674790 about?

The tribunal order states: Kylie Jane Harwood (also known as Kylie Davies) must pay [The landlord/s]

How much money was awarded in case 4674790?

Cleaning: $402.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4590209 D…: $5,222.70 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $130.00 awarded to landlord; Property Damage: $253.00 awarded to landlord; 3 X Doors: $379.50 awarded to landlord; Broken Guttering Shed: $273.47 awarded to landlord; Cupboard Door X 1 Excess: $550.00 awarded to landlord; Repainting Two Rooms X 2 Excess: $1,100.00 awarded to landlord; Property Damage: $575.00 awarded to landlord; Replace Clothesline X 1 Excess: $550.00 awarded to landlord; Rubbish Removal: $4,571.25 awarded to landlord; Smoke Alarms: $57.50 awarded to landlord

What type of tenancy dispute was case 4674790?

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

Where can I read the official tribunal order for case 4674790?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9790913-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4674790 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4674790 — net $14,430.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4590209 dated 22/08/2023	$5,222.70	Previous order application 4590209 dated 22/08/2023
Rubbish removal	$4,571.25	Rubbish removal
Electrical fittings replacement/repair	$345.00	Electrical fittings replacement/repair
Carpet Cleaning	$402.50	Carpet Cleaning
Repairs: cupboard door x 1 excess	$550.00	Repairs: cupboard door x 1 excess
Lock/key replacement	$130.00	Lock/key replacement
Window repairs	$253.00	Window repairs
Repairs: 3 x doors	$379.50	Repairs: 3 x doors
Replace smoke alarms	$57.50	Replace smoke alarms
Replace clothesline x 1 excess	$550.00	Replace clothesline x 1 excess
Repairs: Broken guttering shed	$273.47	Repairs: Broken guttering shed
Repairs: repainting two rooms x 2 excess	$1,100.00	Repairs: repainting two rooms x 2 excess
Repairs: repair wall in shed and insulation	$575.00	Repairs: repair wall in shed and insulation
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,430.36
Total payable by Tenant to Landlord	$14,430.36

Two representatives for the landlord attended the hearing today. The tenant did not attend. I continued in her absence as she has been notified of the hearing to her email address for service.

The landlord has applied for compensation following the end of the tenancy.

The tenancy ended on 22 August 2023 by a previous order of the Tribunal made on that same date under application 4590209.

The previous order also awarded rent arrears owing to 22 August 2023 and refunded the bond to the landlord in full. The balance payable of $5,222,70 remains owing and is now incorporated into this order for enforcement purposes. The previous money order must not be enforced. Tenant obligations at the end of a tenancy and if there is damage

At the end of a 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.

A landlord must prove that any 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.

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. Decisions on landlord claims

Evidence (including photographs) was supplied that proves:- a. Rubbish and unwanted belongings were left at the property including several large items (broken appliances, mattress, table-tennis table, trampoline, spa pool) and personal belongings, clothes, packaging, suitcases, rubbish bags. Three skip bins of 3m 3 were needed and labour. I award the claim as invoiced as the work required was considerable. b. The carpet was dirty. I award the cost of carpet cleaning. c. No claim was made for other cleaning. d. No keys were returned. I award the cost to change the locks. e. Two power points were burned out and broken. f. One glass panel in the porch was missing. g. The door from a large cupboard in the kitchen had been removed and was not found. h. Three internal doors had the handles removed or damaged and one door was splintered. i. One smoke alarm was missing. j. The rotary clothesline was damaged beyond repair and had been removed from the ground and left behind the shed. k. The clothesline smashed a section of guttering on the shed when it was discarded. l. Permanent pen drawings had been done on a cabinet in the kitchen and on walls in one of the bedrooms. m. Wall linings and insulation had been removed from one section of the shed.

All damage is more than wear and tear and the tenant has not disproved liability. Some of the damage is intentional.

All invoices were supplied.

The landlord does have insurance, so compensation is limited to the amount of the insurance excess of $550.00 for each event of damage.

The landlord has been substantially successful with the claims, so I award the filing fee and suppress its name, as applied for.

Claims and awards in Tenancy Tribunal application 4674790 — net $14,430.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4590209 dated 22/08/2023	$5,222.70	Previous order application 4590209 dated 22/08/2023
Rubbish removal	$4,571.25	Rubbish removal
Electrical fittings replacement/repair	$345.00	Electrical fittings replacement/repair
Carpet Cleaning	$402.50	Carpet Cleaning
Repairs: cupboard door x 1 excess	$550.00	Repairs: cupboard door x 1 excess
Lock/key replacement	$130.00	Lock/key replacement
Window repairs	$253.00	Window repairs
Repairs: 3 x doors	$379.50	Repairs: 3 x doors
Replace smoke alarms	$57.50	Replace smoke alarms
Replace clothesline x 1 excess	$550.00	Replace clothesline x 1 excess
Repairs: Broken guttering shed	$273.47	Repairs: Broken guttering shed
Repairs: repainting two rooms x 2 excess	$1,100.00	Repairs: repainting two rooms x 2 excess
Repairs: repair wall in shed and insulation	$575.00	Repairs: repair wall in shed and insulation
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,430.36
Total payable by Tenant to Landlord	$14,430.36

Order

Kylie Jane Harwood (also known as Kylie Davies) must pay [The landlord/s] $14,430.36 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 22 August 2023 under application 4590209. The previous money order must not be enforced.

Reasons

Two representatives for the landlord attended the hearing today. The tenant did not attend. I continued in her absence as she has been notified of the hearing to her email address for service.
The landlord has applied for compensation following the end of the tenancy.
The tenancy ended on 22 August 2023 by a previous order of the Tribunal made on that same date under application 4590209.
The previous order also awarded rent arrears owing to 22 August 2023 and refunded the bond to the landlord in full. The balance payable of $5,222,70 remains owing and is now incorporated into this order for enforcement purposes. The previous money order must not be enforced. Tenant obligations at the end of a tenancy and if there is damage
At the end of a 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.
A landlord must prove that any 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.
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. Decisions on landlord claims
Evidence (including photographs) was supplied that proves:- a. Rubbish and unwanted belongings were left at the property including several large items (broken appliances, mattress, table-tennis table, trampoline, spa pool) and personal belongings, clothes, packaging, suitcases, rubbish bags. Three skip bins of 3m 3 were needed and labour. I award the claim as invoiced as the work required was considerable. b. The carpet was dirty. I award the cost of carpet cleaning. c. No claim was made for other cleaning. d. No keys were returned. I award the cost to change the locks. e. Two power points were burned out and broken. f. One glass panel in the porch was missing. g. The door from a large cupboard in the kitchen had been removed and was not found. h. Three internal doors had the handles removed or damaged and one door was splintered. i. One smoke alarm was missing. j. The rotary clothesline was damaged beyond repair and had been removed from the ground and left behind the shed. k. The clothesline smashed a section of guttering on the shed when it was discarded. l. Permanent pen drawings had been done on a cabinet in the kitchen and on walls in one of the bedrooms. m. Wall linings and insulation had been removed from one section of the shed.
All damage is more than wear and tear and the tenant has not disproved liability. Some of the damage is intentional.
All invoices were supplied.
The landlord does have insurance, so compensation is limited to the amount of the insurance excess of $550.00 for each event of damage.
The landlord has been substantially successful with the claims, so I award the filing fee and suppress its name, as applied for.

Tenancy Tribunal case 4674790 — Property damage

At a glance

Tenancy Tribunal case 4674790 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions