How much money was awarded in case 4674909?

Cleaning: $2,173.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $280.60 awarded to landlord; Owen Building Limited: $419.75 awarded to landlord; Rubbish Removal: $322.00 awarded to landlord; Southern Alps Plumbing Invoice: $566.40 awarded to landlord

What type of tenancy dispute was case 4674909?

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

Where can I read the official tribunal order for case 4674909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9552607-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4674909?

Cleaning: $2,173.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $280.60 awarded to landlord; Owen Building Limited: $419.75 awarded to landlord; Rubbish Removal: $322.00 awarded to landlord; Southern Alps Plumbing Invoice: $566.40 awarded to landlord

What type of tenancy dispute was case 4674909?

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

Where can I read the official tribunal order for case 4674909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9552607-Tribunal_Order_Redacted.pdf.

24D Suburb Street, Queenstown, Queenstown 9300 Tenancy Tribunal Case 4674909 — Cleanliness

Q: What was Tenancy Tribunal case 4674909 about?

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

Order

Claims and awards in Tenancy Tribunal application 4674909 — net $2,821.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Filing fee reimbursement	$20.44		Filing fee reimbursement
Repairs: Owen Building Limited	$419.75		Repairs: Owen Building Limited
Cleaning: We do it for you Property Services	$2,173.50		Cleaning: We do it for you Property Services
Southern Alps Plumbing Invoice	$566.40		Southern Alps Plumbing Invoice
Lock/key replacement: Queenstown Locksmiths	$280.60		Lock/key replacement: Queenstown Locksmiths
Rubbish removal: Owen Building Limited	$322.00		Rubbish removal: Owen Building Limited
Balance of released bond applied to debt		$960.71	Balance of released bond applied to debt
Total award	$3,782.69	$960.71
Net award	$2,821.98
Total payable by Tenant to Landlord	$2,821.98

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details

The bond of $2600.00 has already been released in full to the landlord and has been applied to the rent arrears. The landlord must apply the remaining balance from the bond of $960.71 to the outstanding debt as set out in the table below.

Ryan Fattorini must pay [The landlord/s] $2,821.98 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.

The landlord has applied for compensation and reimbursement of the filing fee following 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, 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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. The exit photographs were taken by the landlord on 22 August 2023.

The tenant did not return the keys. The landlord provided a locksmith invoice as evidence in support.

The landlord has provided comprehensive and well organised evidence in respect of this application. I have sighted and considered the photographic evidence in support of the cleaning and rubbish claims. The tenant left the property in a disgraceful condition. The evidence is overwhelmingly supportive of the claims made by the landlord.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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 following damage was caused during the tenancy: damage to walls, kitchen cabinets and the waste master unit. The landlord says that the entire waste master unit had to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Having sighted the evidence filed in support of these damage claims I am satisfied that the damage is intentional. The tenant is responsible for these amounts as claimed.

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.

The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Claims and awards in Tenancy Tribunal application 4674909 — net $2,821.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Filing fee reimbursement	$20.44		Filing fee reimbursement
Repairs: Owen Building Limited	$419.75		Repairs: Owen Building Limited
Cleaning: We do it for you Property Services	$2,173.50		Cleaning: We do it for you Property Services
Southern Alps Plumbing Invoice	$566.40		Southern Alps Plumbing Invoice
Lock/key replacement: Queenstown Locksmiths	$280.60		Lock/key replacement: Queenstown Locksmiths
Rubbish removal: Owen Building Limited	$322.00		Rubbish removal: Owen Building Limited
Balance of released bond applied to debt		$960.71	Balance of released bond applied to debt
Total award	$3,782.69	$960.71
Net award	$2,821.98
Total payable by Tenant to Landlord	$2,821.98

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details
The bond of $2600.00 has already been released in full to the landlord and has been applied to the rent arrears. The landlord must apply the remaining balance from the bond of $960.71 to the outstanding debt as set out in the table below.
Ryan Fattorini must pay [The landlord/s] $2,821.98 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for compensation and reimbursement of the filing fee following 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, 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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. The exit photographs were taken by the landlord on 22 August 2023.
The tenant did not return the keys. The landlord provided a locksmith invoice as evidence in support.
The landlord has provided comprehensive and well organised evidence in respect of this application. I have sighted and considered the photographic evidence in support of the cleaning and rubbish claims. The tenant left the property in a disgraceful condition. The evidence is overwhelmingly supportive of the claims made by the landlord.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 following damage was caused during the tenancy: damage to walls, kitchen cabinets and the waste master unit. The landlord says that the entire waste master unit had to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Having sighted the evidence filed in support of these damage claims I am satisfied that the damage is intentional. The tenant is responsible for these amounts as claimed.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Tenancy Tribunal case 4674909 — Cleanliness at 24D Suburb Street, Queenstown, Queenstown 9300

At a glance

Tenancy Tribunal case 4674909 — Cleanliness at 24D Suburb Street, Queenstown, Queenstown 9300

At a glance

Award balance

Claims & awards

Order

Reasons

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

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