What was Tenancy Tribunal case 4722189 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4722189?

Cleaning: $570.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Removal Of Belongings To Storage: $838.93 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $275.88 awarded to landlord

What type of tenancy dispute was case 4722189?

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

Where can I read the official tribunal order for case 4722189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9959051-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4722189 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4722189?

Cleaning: $570.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Removal Of Belongings To Storage: $838.93 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $275.88 awarded to landlord

What type of tenancy dispute was case 4722189?

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

Where can I read the official tribunal order for case 4722189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9959051-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4722189 — Property damage

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New Zealand Tenancy Tribunal Case 4722189 — 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 4722189 — net $4,132.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$570.00	Cleaning
Rubbish removal	$275.88	Rubbish removal
Removal of belongings to storage	$838.93	Removal of belongings to storage
Replace carpet (3x insurance excesses	$1,500.00	Replace carpet (3x insurance excesses
Repairs: Wall damage (insurance excess	$500.00	Repairs: Wall damage (insurance excess
Repairs: Shower screen door (insurance excess	$500.00	Repairs: Shower screen door (insurance excess
Repairs: Window joinery (insurance excess	$500.00	Repairs: Window joinery (insurance excess
Repairs: Garage door (insurance excess	$500.00	Repairs: Garage door (insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,132.83
Total payable by Tenant to Landlord	$4,132.83

Claims and awards for application 4722189 — net $4,132.83 NZD. Verify on MoJ.

Cleaning

Amount: $570.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $275.88
Awarded to: Landlord
Reason: Rubbish removal

Removal of belongings to storage

Amount: $838.93
Awarded to: Landlord
Reason: Removal of belongings to storage

Replace carpet (3x insurance excesses

Amount: $1,500.00
Awarded to: Landlord
Reason: Replace carpet (3x insurance excesses

Repairs: Wall damage (insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: Wall damage (insurance excess

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rebekah Jayne Mayhew must pay [The landlord/s] $4,132.83 immediately, calculated as shown in the table below.
The Bond Centre is to pay the remaining bond of $1,072.42 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are withdrawn at the landlord’s request.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for compensation, refund of the remaining 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish and belongings as shown in the photos produced in evidence. The landlord was required to remove the tenant’s belongings into storage until arrangements were made by the tenant’s mother for collection.
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. In this case the landlord had insurance cover with an excess of $500.
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: carpet stains in hallway, the open plan lounge/kitchen/dining area and bedroom three which had to be replaced; wall damage in the hallway, lounge and master bedroom requiring repair and painting; damage to shower screen door; damage to garage door requiring door to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord’s insurer approved the above claims for damage and the remedial work has been completed. The landlord was charged an insurance excess for each claim. I am satisfied on the evidence that the tenant is responsible to reimburse the excesses of $3,500 paid by the landlord.
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. Notably, the premises were a new property, approximately one year old at the start of the tenancy.
The landlord withdrew several claims as follows: recovery of lost rent covered by insurance; stained curtains in master bedroom; missing master bedroom shelf panel; missing lawn mower; storage costs; landlord costs.
As the landlord has substantially succeeded with the claims, they are entitled to suppression of their name and identifying details.

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 4722189 — net $4,132.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$570.00	Cleaning
Rubbish removal	$275.88	Rubbish removal
Removal of belongings to storage	$838.93	Removal of belongings to storage
Replace carpet (3x insurance excesses	$1,500.00	Replace carpet (3x insurance excesses
Repairs: Wall damage (insurance excess	$500.00	Repairs: Wall damage (insurance excess
Repairs: Shower screen door (insurance excess	$500.00	Repairs: Shower screen door (insurance excess
Repairs: Window joinery (insurance excess	$500.00	Repairs: Window joinery (insurance excess
Repairs: Garage door (insurance excess	$500.00	Repairs: Garage door (insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,132.83
Total payable by Tenant to Landlord	$4,132.83

Claims and awards for application 4722189 — net $4,132.83 NZD. Verify on MoJ.

Cleaning

Amount: $570.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $275.88
Awarded to: Landlord
Reason: Rubbish removal

Removal of belongings to storage

Amount: $838.93
Awarded to: Landlord
Reason: Removal of belongings to storage

Replace carpet (3x insurance excesses

Amount: $1,500.00
Awarded to: Landlord
Reason: Replace carpet (3x insurance excesses

Repairs: Wall damage (insurance excess

Amount: $500.00
Awarded to: Landlord
Reason: Repairs: Wall damage (insurance excess

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rebekah Jayne Mayhew must pay [The landlord/s] $4,132.83 immediately, calculated as shown in the table below.
The Bond Centre is to pay the remaining bond of $1,072.42 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are withdrawn at the landlord’s request.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for compensation, refund of the remaining 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish and belongings as shown in the photos produced in evidence. The landlord was required to remove the tenant’s belongings into storage until arrangements were made by the tenant’s mother for collection.
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. In this case the landlord had insurance cover with an excess of $500.
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: carpet stains in hallway, the open plan lounge/kitchen/dining area and bedroom three which had to be replaced; wall damage in the hallway, lounge and master bedroom requiring repair and painting; damage to shower screen door; damage to garage door requiring door to be replaced. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord’s insurer approved the above claims for damage and the remedial work has been completed. The landlord was charged an insurance excess for each claim. I am satisfied on the evidence that the tenant is responsible to reimburse the excesses of $3,500 paid by the landlord.
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. Notably, the premises were a new property, approximately one year old at the start of the tenancy.
The landlord withdrew several claims as follows: recovery of lost rent covered by insurance; stained curtains in master bedroom; missing master bedroom shelf panel; missing lawn mower; storage costs; landlord costs.
As the landlord has substantially succeeded with the claims, they are entitled to suppression of their name and identifying details.

Tenancy Tribunal case 4722189 — Property damage

At a glance

Tenancy Tribunal case 4722189 — 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