What was Tenancy Tribunal case 4703830 about?

The tribunal order states: Elizabeth Vickers must pay [The landlord/s] $2,957.37 immediately, calculated

How much money was awarded in case 4703830?

Cleaning: $414.00 awarded to landlord; Cleaning: $805.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $448.45 awarded to landlord; Replace Furnishing: Bathroom Door: $396.75 awarded to landlord; Rubbish Removal: $782.30 awarded to landlord; Water Rates: $90.43 awarded to landlord

What type of tenancy dispute was case 4703830?

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

Where can I read the official tribunal order for case 4703830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10030353-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4703830 about?

The tribunal order states: Elizabeth Vickers must pay [The landlord/s] $2,957.37 immediately, calculated

How much money was awarded in case 4703830?

Cleaning: $414.00 awarded to landlord; Cleaning: $805.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $448.45 awarded to landlord; Replace Furnishing: Bathroom Door: $396.75 awarded to landlord; Rubbish Removal: $782.30 awarded to landlord; Water Rates: $90.43 awarded to landlord

What type of tenancy dispute was case 4703830?

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

Where can I read the official tribunal order for case 4703830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10030353-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4703830 — Cleanliness

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New Zealand Tenancy Tribunal Case 4703830 — Cleanliness | 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 4703830 — net $2,957.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$90.43	Water rates
Lock/key replacement	$448.45	Lock/key replacement
Replace furnishing: Bathroom door	$396.75	Replace furnishing: Bathroom door
Carpet Cleaning	$414.00	Carpet Cleaning
Rubbish removal	$782.30	Rubbish removal
Cleaning	$805.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,957.37
Total payable by Tenant to Landlord	$2,957.37

Claims and awards for application 4703830 — net $2,957.37 NZD. Verify on MoJ.

Water rates

Amount: $90.43
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $448.45
Awarded to: Landlord
Reason: Lock/key replacement

Replace furnishing: Bathroom door

Amount: $396.75
Awarded to: Landlord
Reason: Replace furnishing: Bathroom door

Carpet Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $782.30
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

Elizabeth Vickers must pay [The landlord/s] $2,957.37 immediately, calculated as shown in table below. DescriptionLandlord Water rates$90.43 Lock/key replacement$448.45 Replace furnishing: Bathroom door$396.75 Carpet Cleaning$414.00 Rubbish removal$782.30 Cleaning$805.00 Filing fee reimbursement$20.44 Total award$2,957.37 Total payable by Tenant to Landlord$2,957.37

Reasons

[The landlord’s representative] attended the hearing as the agent for the landlord.
On 28 February 2024, Ms Vickers applied for an adjournment due to medical reasons. I declined the application because there was insufficient evidence to support her adjournment application.
The landlord has applied for water arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on or about 4 September 2023. Ms Vickers vacated the premises without giving [The landlord’s representative] notice.
The landlord provided water rates invoices 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 landlord’s representative] submitted photographic evidence in support of his application for compensation. I have gone through the evidence.
I am satisfied: a. That the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. b. That the tenant did not return the keys.
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 damage to the bathroom door was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
[The landlord’s representative] told me that Ms Vickers had a person staying with her with her consent. However, [The landlord’s representative] did not give consent for the person to stay at the premises.
[The landlord’s representative] gave evidence that the police were called after Ms Vickers’ neighbour heard a disturbance. [The landlord’s representative] said he did not call the police, Ms Vickers’ neighbour did.
[The landlord’s representative] submitted an email from Ms Vickers admitting her liability for the damaged bathroom door.
The total bathroom door replacement invoice is $529. I consider $396.75 to be more appropriate after taking into account a 25% betterment and depreciation.
The amounts ordered are proved.
I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Because [The landlord/s] has wholly succeeded in proceedings, I order the landlord’s name or identifying particulars not be published.

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 4703830 — net $2,957.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$90.43	Water rates
Lock/key replacement	$448.45	Lock/key replacement
Replace furnishing: Bathroom door	$396.75	Replace furnishing: Bathroom door
Carpet Cleaning	$414.00	Carpet Cleaning
Rubbish removal	$782.30	Rubbish removal
Cleaning	$805.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,957.37
Total payable by Tenant to Landlord	$2,957.37

Claims and awards for application 4703830 — net $2,957.37 NZD. Verify on MoJ.

Water rates

Amount: $90.43
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $448.45
Awarded to: Landlord
Reason: Lock/key replacement

Replace furnishing: Bathroom door

Amount: $396.75
Awarded to: Landlord
Reason: Replace furnishing: Bathroom door

Carpet Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $782.30
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

Elizabeth Vickers must pay [The landlord/s] $2,957.37 immediately, calculated as shown in table below. DescriptionLandlord Water rates$90.43 Lock/key replacement$448.45 Replace furnishing: Bathroom door$396.75 Carpet Cleaning$414.00 Rubbish removal$782.30 Cleaning$805.00 Filing fee reimbursement$20.44 Total award$2,957.37 Total payable by Tenant to Landlord$2,957.37

Reasons

[The landlord’s representative] attended the hearing as the agent for the landlord.
On 28 February 2024, Ms Vickers applied for an adjournment due to medical reasons. I declined the application because there was insufficient evidence to support her adjournment application.
The landlord has applied for water arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on or about 4 September 2023. Ms Vickers vacated the premises without giving [The landlord’s representative] notice.
The landlord provided water rates invoices 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 landlord’s representative] submitted photographic evidence in support of his application for compensation. I have gone through the evidence.
I am satisfied: a. That the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. b. That the tenant did not return the keys.
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 damage to the bathroom door was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
[The landlord’s representative] told me that Ms Vickers had a person staying with her with her consent. However, [The landlord’s representative] did not give consent for the person to stay at the premises.
[The landlord’s representative] gave evidence that the police were called after Ms Vickers’ neighbour heard a disturbance. [The landlord’s representative] said he did not call the police, Ms Vickers’ neighbour did.
[The landlord’s representative] submitted an email from Ms Vickers admitting her liability for the damaged bathroom door.
The total bathroom door replacement invoice is $529. I consider $396.75 to be more appropriate after taking into account a 25% betterment and depreciation.
The amounts ordered are proved.
I have taken into account 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Because [The landlord/s] has wholly succeeded in proceedings, I order the landlord’s name or identifying particulars not be published.

Tenancy Tribunal case 4703830 — Cleanliness

At a glance

Tenancy Tribunal case 4703830 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

How much is owed for water rates?

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