What was Tenancy Tribunal case 4719989 about?

The tribunal order states: Amanda McIntyre must pay [The landlord/s] $3,180.80 immediately, calculated

How much money was awarded in case 4719989?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Labour To Install Dishwasher: $156.00 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Property Damage: $454.21 awarded to landlord; Property Damage: $127.15 awarded to landlord; Property Damage: $599.00 awarded to landlord; Property Damage: $156.00 awarded to landlord; Property Damage: $156.00 awarded to landlord; Property Damage: $156.00 awarded to landlord; Rubbish Removal: $750.00 awarded to landlord; Smoke Alarms: $156.00 awarded to landlord

What type of tenancy dispute was case 4719989?

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

Where can I read the official tribunal order for case 4719989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9733125-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4719989 about?

The tribunal order states: Amanda McIntyre must pay [The landlord/s] $3,180.80 immediately, calculated

How much money was awarded in case 4719989?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Labour To Install Dishwasher: $156.00 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Property Damage: $454.21 awarded to landlord; Property Damage: $127.15 awarded to landlord; Property Damage: $599.00 awarded to landlord; Property Damage: $156.00 awarded to landlord; Property Damage: $156.00 awarded to landlord; Property Damage: $156.00 awarded to landlord; Rubbish Removal: $750.00 awarded to landlord; Smoke Alarms: $156.00 awarded to landlord

What type of tenancy dispute was case 4719989?

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

Where can I read the official tribunal order for case 4719989?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9733125-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4719989 — Property damage

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New Zealand Tenancy Tribunal Case 4719989 — 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 4719989 — net $3,180.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$454.21	Lock/key replacement
Rubbish removal	$750.00	Rubbish removal
Cleaning	$300.00	Cleaning
Replacement kitchen cupboard	$127.15	Replacement kitchen cupboard
Replacement dishwasher	$599.00	Replacement dishwasher
Lawns and Garden work	$150.00	Lawns and Garden work
Labour to install dishwasher	$156.00	Labour to install dishwasher
Replacement curtain and installation	$156.00	Replacement curtain and installation
Replacement smoke alarms x 3 and installation	$156.00	Replacement smoke alarms x 3 and installation
Replacement kitchen blind and installation	$156.00	Replacement kitchen blind and installation
Replacement laundry window	$156.00	Replacement laundry window
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,180.80
Total payable by Tenant to Landlord	$3,180.80

Claims and awards for application 4719989 — net $3,180.80 NZD. Verify on MoJ.

Lock/key replacement

Amount: $454.21
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $750.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Replacement kitchen cupboard

Amount: $127.15
Awarded to: Landlord
Reason: Replacement kitchen cupboard

Replacement dishwasher

Amount: $599.00
Awarded to: Landlord
Reason: Replacement dishwasher

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal Replace Smoke Alarms

Order

Amanda McIntyre must pay [The landlord/s] $3,180.80 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The landlord was represented by its director.
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 her 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 (RTA).
The landlord provided me with photos taken after the end of the tenancy. 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 following chattels were missing at the end of the tenancy: the dishwasher, a cupboard from the kitchen, the lounge curtains, the kitchen blind, and three smoke alarms. The landlord had to pay to replace them and compensation is allowed.
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.
The claim for repairs to the fence is not allowed because the landlord has not proved the condition at the start of the tenancy. The claim for the gate is not allowed because there is no evidence the gate was missing at the end of the tenancy. The claims for the replacement shower and the toilet seat are not allowed because I am not persuaded by the photos that the damage was more than fair wear and tear. These claims are dismissed.
The laundry window was damaged because it was covered in tape during the tenancy and the tape cannot be removed. Four windows were missing parts of their latches. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have had to estimate the amount allowed for repairs, the replacement curtains and blind, and for installation by the handyman. This is because the invoice I was provided with did not itemise the amount for each job. Rather than dismiss the claim I have divided the total plus GST by the 9 jobs, which equals $156 per claim. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party.

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 4719989 — net $3,180.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$454.21	Lock/key replacement
Rubbish removal	$750.00	Rubbish removal
Cleaning	$300.00	Cleaning
Replacement kitchen cupboard	$127.15	Replacement kitchen cupboard
Replacement dishwasher	$599.00	Replacement dishwasher
Lawns and Garden work	$150.00	Lawns and Garden work
Labour to install dishwasher	$156.00	Labour to install dishwasher
Replacement curtain and installation	$156.00	Replacement curtain and installation
Replacement smoke alarms x 3 and installation	$156.00	Replacement smoke alarms x 3 and installation
Replacement kitchen blind and installation	$156.00	Replacement kitchen blind and installation
Replacement laundry window	$156.00	Replacement laundry window
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,180.80
Total payable by Tenant to Landlord	$3,180.80

Claims and awards for application 4719989 — net $3,180.80 NZD. Verify on MoJ.

Lock/key replacement

Amount: $454.21
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $750.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Replacement kitchen cupboard

Amount: $127.15
Awarded to: Landlord
Reason: Replacement kitchen cupboard

Replacement dishwasher

Amount: $599.00
Awarded to: Landlord
Reason: Replacement dishwasher

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal Replace Smoke Alarms

Order

Amanda McIntyre must pay [The landlord/s] $3,180.80 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The landlord was represented by its director.
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 her 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 (RTA).
The landlord provided me with photos taken after the end of the tenancy. 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 following chattels were missing at the end of the tenancy: the dishwasher, a cupboard from the kitchen, the lounge curtains, the kitchen blind, and three smoke alarms. The landlord had to pay to replace them and compensation is allowed.
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.
The claim for repairs to the fence is not allowed because the landlord has not proved the condition at the start of the tenancy. The claim for the gate is not allowed because there is no evidence the gate was missing at the end of the tenancy. The claims for the replacement shower and the toilet seat are not allowed because I am not persuaded by the photos that the damage was more than fair wear and tear. These claims are dismissed.
The laundry window was damaged because it was covered in tape during the tenancy and the tape cannot be removed. Four windows were missing parts of their latches. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have had to estimate the amount allowed for repairs, the replacement curtains and blind, and for installation by the handyman. This is because the invoice I was provided with did not itemise the amount for each job. Rather than dismiss the claim I have divided the total plus GST by the 9 jobs, which equals $156 per claim. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party.

Tenancy Tribunal case 4719989 — Property damage

At a glance

Tenancy Tribunal case 4719989 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with her 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

Dismissed claims

Order

Reasons

Did the tenant comply with her 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