What was Tenancy Tribunal case 4695889 about?

The tribunal order states: Roderick Anderson must pay [The landlord/s] $1,500.19 immediately, calculated

How much money was awarded in case 4695889?

Cleaning: $362.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $545.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Replace Furnishings: Carpet: $150.00 awarded to landlord; Replace furnishings: curtains and ra…: $345.00 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 4695889?

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

Where can I read the official tribunal order for case 4695889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9726874-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4695889 about?

The tribunal order states: Roderick Anderson must pay [The landlord/s] $1,500.19 immediately, calculated

How much money was awarded in case 4695889?

Cleaning: $362.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $545.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Replace Furnishings: Carpet: $150.00 awarded to landlord; Replace furnishings: curtains and ra…: $345.00 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 4695889?

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

Where can I read the official tribunal order for case 4695889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9726874-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4695889 — Property damage

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New Zealand Tenancy Tribunal Case 4695889 — 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 4695889 — net $1,500.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$362.25	Cleaning
Repairs: wall damage	$172.50	Repairs: wall damage
Replace furnishings: curtains and rails	$345.00	Replace furnishings: curtains and rails
Replace furnishings: carpet	$150.00	Replace furnishings: carpet
Rubbish removal	$100.00	Rubbish removal
Lock/key replacement	$545.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,500.19
Total payable by Tenant to Landlord	$1,500.19

Claims and awards for application 4695889 — net $1,500.19 NZD. Verify on MoJ.

Cleaning

Amount: $362.25
Awarded to: Landlord
Reason: Cleaning

Repairs: wall damage

Amount: $172.50
Awarded to: Landlord
Reason: Repairs: wall damage

Replace furnishings: curtains and rails

Amount: $345.00
Awarded to: Landlord
Reason: Replace furnishings: curtains and rails

Replace furnishings: carpet

Amount: $150.00
Awarded to: Landlord
Reason: Replace furnishings: carpet

Rubbish removal

Amount: $100.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Roderick Anderson must pay [The landlord/s] $1,500.19 immediately, calculated as shown in the table below. DescriptionLandlord Cleaning$362.25 Repairs: wall damage$172.50 Replace furnishings: curtains and rails$345.00 Replace furnishings: carpet$150.00 Rubbish removal$100.00 Lock/key replacement$545.00 Filing fee reimbursement$20.44 Total award$1,695.19 Bond$195.00 Total payable by Tenant to Landlord$1,500.19

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for compensation, refund of the bond 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys. The costs of replacement included the cost of replacing both the tenant’s room’s lock and the property’s front door lock and providing new keys for all of the occupants to the front door.
A curtain was missing at the end of the tenancy.
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 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: a. Curtains, rails and fittings were carelessly damaged. b. A number of holes in walls were made either carelessly or intentionally. c. The carpet was stained and damaged beyond economic repair.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The amounts ordered are proved. They are each less than the limits under section 49B RTA.
I have considered 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. The landlord replaced old carpet with second-hand carpet at a minimal cost. I am satisfied that this places the landlord in the same position it would have been in but for the tenant’s damage.
Because [The applicant/s] has wholly succeeded with the claim I 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 4695889 — net $1,500.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$362.25	Cleaning
Repairs: wall damage	$172.50	Repairs: wall damage
Replace furnishings: curtains and rails	$345.00	Replace furnishings: curtains and rails
Replace furnishings: carpet	$150.00	Replace furnishings: carpet
Rubbish removal	$100.00	Rubbish removal
Lock/key replacement	$545.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,500.19
Total payable by Tenant to Landlord	$1,500.19

Claims and awards for application 4695889 — net $1,500.19 NZD. Verify on MoJ.

Cleaning

Amount: $362.25
Awarded to: Landlord
Reason: Cleaning

Repairs: wall damage

Amount: $172.50
Awarded to: Landlord
Reason: Repairs: wall damage

Replace furnishings: curtains and rails

Amount: $345.00
Awarded to: Landlord
Reason: Replace furnishings: curtains and rails

Replace furnishings: carpet

Amount: $150.00
Awarded to: Landlord
Reason: Replace furnishings: carpet

Rubbish removal

Amount: $100.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Roderick Anderson must pay [The landlord/s] $1,500.19 immediately, calculated as shown in the table below. DescriptionLandlord Cleaning$362.25 Repairs: wall damage$172.50 Replace furnishings: curtains and rails$345.00 Replace furnishings: carpet$150.00 Rubbish removal$100.00 Lock/key replacement$545.00 Filing fee reimbursement$20.44 Total award$1,695.19 Bond$195.00 Total payable by Tenant to Landlord$1,500.19

Reasons

The landlord attended the hearing. The tenant did not attend the hearing.
The landlord has applied for compensation, refund of the bond 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys. The costs of replacement included the cost of replacing both the tenant’s room’s lock and the property’s front door lock and providing new keys for all of the occupants to the front door.
A curtain was missing at the end of the tenancy.
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 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: a. Curtains, rails and fittings were carelessly damaged. b. A number of holes in walls were made either carelessly or intentionally. c. The carpet was stained and damaged beyond economic repair.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The amounts ordered are proved. They are each less than the limits under section 49B RTA.
I have considered 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. The landlord replaced old carpet with second-hand carpet at a minimal cost. I am satisfied that this places the landlord in the same position it would have been in but for the tenant’s damage.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4695889 — Property damage

At a glance

Tenancy Tribunal case 4695889 — Property damage

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