What was Tenancy Tribunal case 4680269 about?

The tribunal order states: Lerticia Alana Kerry Enua must pay [The landlord/s] $14,905.87 immediately,

How much money was awarded in case 4680269?

Cleaning: $2,070.00 awarded to landlord; Curtain Rails: $20.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,656.00 awarded to landlord; Property Damage: $989.00 awarded to landlord; Property Damage: $2,484.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Rent: $7,611.43 awarded to landlord; Rubbish Removal: $2,875.00 awarded to landlord

What type of tenancy dispute was case 4680269?

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

Where can I read the official tribunal order for case 4680269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10566914-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4680269 about?

The tribunal order states: Lerticia Alana Kerry Enua must pay [The landlord/s] $14,905.87 immediately,

How much money was awarded in case 4680269?

Cleaning: $2,070.00 awarded to landlord; Curtain Rails: $20.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,656.00 awarded to landlord; Property Damage: $989.00 awarded to landlord; Property Damage: $2,484.00 awarded to landlord; Property Damage: $460.00 awarded to landlord; Rent: $7,611.43 awarded to landlord; Rubbish Removal: $2,875.00 awarded to landlord

What type of tenancy dispute was case 4680269?

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

Where can I read the official tribunal order for case 4680269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10566914-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4680269 — Property damage

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New Zealand Tenancy Tribunal Case 4680269 — 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 4680269 — net $14,905.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 26 July 2023	$7,611.43	Rent to 26 July 2023
Rubbish removal	$2,875.00	Rubbish removal
Replacement carpet	$1,656.00	Replacement carpet
Repairs to carport	$989.00	Repairs to carport
Curtain rails	$20.00	Curtain rails
Window repairs	$2,484.00	Window repairs
Cleaning	$2,070.00	Cleaning
Replacement doors	$460.00	Replacement doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,905.87
Total payable by Tenant to Landlord	$14,905.87

Claims and awards for application 4680269 — net $14,905.87 NZD. Verify on MoJ.

Rent to 26 July 2023

Amount: $7,611.43
Awarded to: Landlord
Reason: Rent to 26 July 2023

Rubbish removal

Amount: $2,875.00
Awarded to: Landlord
Reason: Rubbish removal

Replacement carpet

Amount: $1,656.00
Awarded to: Landlord
Reason: Replacement carpet

Repairs to carport

Amount: $989.00
Awarded to: Landlord
Reason: Repairs to carport

Curtain rails

Amount: $20.00
Awarded to: Landlord
Reason: Curtain rails

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Lerticia Alana Kerry Enua must pay [The landlord/s] $14,905.87 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,280.00 ([Bond number suppressed]) to [The landlord/s] immediately.

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.

How much is owed for rent?

The tenancy ended on 26 July 2023. The landlord provided rent records which prove the amount owing at 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s photographs show various items of heavy furniture, such as sofas, left behind as well as piled-up items outside. The final inspection report shows that the bathroom, ensuite, and kitchen were in particular need of a deep clean.

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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent. The premises were not insured, and 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.
There was damage to several windows during the tenancy, which were cracked.
It seems likely the tenant drove into one of the carport support posts, which was visibly damaged and had to be replaced.
The landlord also claimed $8,280.00 for lino and carpet replacement throughout the property. The carpet was about 7.5 years old at the start of the tenancy, and the ingoing inspection report in September 2021 shows some pre-existing staining to the carpet. I accept that the staining was significantly worse at the end of the tenancy and that some of the carpet needed to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I award 20% of the claimed cost for carpet, taking depreciation into account.
The landlord claimed $920.00 for 4 replacement doors. There are photographs of damage to 2 doors. I award half the amount claimed, i.e., $460.00.
The landlord claimed $1,127.00 for replacement curtain rails. There is only 1 broken curtain rail shown in the photographs. I award $20.00 for a replacement.
The landlord claimed $2,645.00 for repairs to the shower. The invoice says the wet liner and water damaged boards had to be replaced. The wall of the shower cubicle is shown cracked in the ingoing inspection report, which may have allowed water ingress. I find that the repairs to the shower were not the result of unreasonable use of the premises by the tenant but fall under the landlord’s maintenance obligation.
The landlord claimed $552.00 for replacement damaged hanging lights. There were no photographs available showing the damage. I decline to award compensation for this claim. Filing fee and name suppression
The landlord’s application has been partly successful. I award the filing fee.
Although some claims were disallowed, the landlord has been substantially successful. I 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 4680269 — net $14,905.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 26 July 2023	$7,611.43	Rent to 26 July 2023
Rubbish removal	$2,875.00	Rubbish removal
Replacement carpet	$1,656.00	Replacement carpet
Repairs to carport	$989.00	Repairs to carport
Curtain rails	$20.00	Curtain rails
Window repairs	$2,484.00	Window repairs
Cleaning	$2,070.00	Cleaning
Replacement doors	$460.00	Replacement doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,905.87
Total payable by Tenant to Landlord	$14,905.87

Claims and awards for application 4680269 — net $14,905.87 NZD. Verify on MoJ.

Rent to 26 July 2023

Amount: $7,611.43
Awarded to: Landlord
Reason: Rent to 26 July 2023

Rubbish removal

Amount: $2,875.00
Awarded to: Landlord
Reason: Rubbish removal

Replacement carpet

Amount: $1,656.00
Awarded to: Landlord
Reason: Replacement carpet

Repairs to carport

Amount: $989.00
Awarded to: Landlord
Reason: Repairs to carport

Curtain rails

Amount: $20.00
Awarded to: Landlord
Reason: Curtain rails

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Lerticia Alana Kerry Enua must pay [The landlord/s] $14,905.87 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,280.00 ([Bond number suppressed]) to [The landlord/s] immediately.

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.

How much is owed for rent?

The tenancy ended on 26 July 2023. The landlord provided rent records which prove the amount owing at 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s photographs show various items of heavy furniture, such as sofas, left behind as well as piled-up items outside. The final inspection report shows that the bathroom, ensuite, and kitchen were in particular need of a deep clean.

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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent. The premises were not insured, and 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.
There was damage to several windows during the tenancy, which were cracked.
It seems likely the tenant drove into one of the carport support posts, which was visibly damaged and had to be replaced.
The landlord also claimed $8,280.00 for lino and carpet replacement throughout the property. The carpet was about 7.5 years old at the start of the tenancy, and the ingoing inspection report in September 2021 shows some pre-existing staining to the carpet. I accept that the staining was significantly worse at the end of the tenancy and that some of the carpet needed to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I award 20% of the claimed cost for carpet, taking depreciation into account.
The landlord claimed $920.00 for 4 replacement doors. There are photographs of damage to 2 doors. I award half the amount claimed, i.e., $460.00.
The landlord claimed $1,127.00 for replacement curtain rails. There is only 1 broken curtain rail shown in the photographs. I award $20.00 for a replacement.
The landlord claimed $2,645.00 for repairs to the shower. The invoice says the wet liner and water damaged boards had to be replaced. The wall of the shower cubicle is shown cracked in the ingoing inspection report, which may have allowed water ingress. I find that the repairs to the shower were not the result of unreasonable use of the premises by the tenant but fall under the landlord’s maintenance obligation.
The landlord claimed $552.00 for replacement damaged hanging lights. There were no photographs available showing the damage. I decline to award compensation for this claim. Filing fee and name suppression
The landlord’s application has been partly successful. I award the filing fee.
Although some claims were disallowed, the landlord has been substantially successful. I grant suppression as requested.

Tenancy Tribunal case 4680269 — Property damage

At a glance

Tenancy Tribunal case 4680269 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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