What was Tenancy Tribunal case 4685449 about?

The tribunal order states: Damen Michael Young and Jaynenne Delamere must pay [The landlord/s]

How much money was awarded in case 4685449?

Cleaning: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,225.00 awarded to landlord

What type of tenancy dispute was case 4685449?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4685449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10313822-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4685449 about?

The tribunal order states: Damen Michael Young and Jaynenne Delamere must pay [The landlord/s]

How much money was awarded in case 4685449?

Cleaning: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,225.00 awarded to landlord

What type of tenancy dispute was case 4685449?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4685449?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10313822-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4685449 — Rent arrears

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New Zealand Tenancy Tribunal Case 4685449 — Rent arrears | 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 4685449 — net $1,645.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/9/2023	$3,225.00	Rent arrears to 15/9/2023
Insurance excesses for carpet cleaning and window repair	$800.00	Insurance excesses for carpet cleaning and window repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,645.44
Total payable by Tenant to Landlord	$1,645.44

Claims and awards for application 4685449 — net $1,645.44 NZD. Verify on MoJ.

Rent arrears to 15/9/2023

Amount: $3,225.00
Awarded to: Landlord
Reason: Rent arrears to 15/9/2023

Insurance excesses for carpet cleaning and window repair

Amount: $800.00
Awarded to: Landlord
Reason: Insurance excesses for carpet cleaning and window repair

Filing fee reimbursement

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

Net award

Landlord $1,645.44

Total payable by Tenant to Landlord

Landlord $1,645.44

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears

Order

Damen Michael Young and Jaynenne Delamere must pay [The landlord/s] $1,645.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing.
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 was for a fixed term from 4/2/2023 and ended early by agreement on 23/9/2023 when the tenant vacated.
The landlord provided rent records which prove the amount owing as at 15/9/2023.

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.
The landlord sought compensation as follows: a. $550.00 insurance excess for cleaning and stain removal of lounge and bedroom carpets b. $250.00 insurance excess for repair of a broken window
In support of the claim the landlord provided exit photographs of the carpet stains, entry and exit photographs of the window, invoices and information from the insurance assessor.
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.
I am satisfied that damage was caused during the tenancy to the carpets and a window and that the damage is more than fair wear and tear.
As the landlord has wholly succeeded with the claim, I must award the filing fee.
Suppression is granted pursuant to section 95A because the landlord has been successful with the claim.

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 4685449 — net $1,645.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/9/2023	$3,225.00	Rent arrears to 15/9/2023
Insurance excesses for carpet cleaning and window repair	$800.00	Insurance excesses for carpet cleaning and window repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,645.44
Total payable by Tenant to Landlord	$1,645.44

Claims and awards for application 4685449 — net $1,645.44 NZD. Verify on MoJ.

Rent arrears to 15/9/2023

Amount: $3,225.00
Awarded to: Landlord
Reason: Rent arrears to 15/9/2023

Insurance excesses for carpet cleaning and window repair

Amount: $800.00
Awarded to: Landlord
Reason: Insurance excesses for carpet cleaning and window repair

Filing fee reimbursement

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

Net award

Landlord $1,645.44

Total payable by Tenant to Landlord

Landlord $1,645.44

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Rent arrears

Order

Damen Michael Young and Jaynenne Delamere must pay [The landlord/s] $1,645.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing.
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 was for a fixed term from 4/2/2023 and ended early by agreement on 23/9/2023 when the tenant vacated.
The landlord provided rent records which prove the amount owing as at 15/9/2023.

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.
The landlord sought compensation as follows: a. $550.00 insurance excess for cleaning and stain removal of lounge and bedroom carpets b. $250.00 insurance excess for repair of a broken window
In support of the claim the landlord provided exit photographs of the carpet stains, entry and exit photographs of the window, invoices and information from the insurance assessor.
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.
I am satisfied that damage was caused during the tenancy to the carpets and a window and that the damage is more than fair wear and tear.
As the landlord has wholly succeeded with the claim, I must award the filing fee.
Suppression is granted pursuant to section 95A because the landlord has been successful with the claim.

Tenancy Tribunal case 4685449 — Rent arrears

At a glance

Tenancy Tribunal case 4685449 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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 rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions