What was Tenancy Tribunal case 4726932 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $1,486.46 from the bond, calculated as

How much money was awarded in case 4726932?

Cleaning: $35.00 awarded to landlord; Cleaning: $105.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Walls (Materials And Labour: $206.62 awarded to landlord; Replace Furnishings: Carpet: $357.40 awarded to landlord; Replace Furnishings: Hand Basin: $212.00 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 4726932?

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

Where can I read the official tribunal order for case 4726932?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10533809-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4726932 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $1,486.46 from the bond, calculated as

How much money was awarded in case 4726932?

Cleaning: $35.00 awarded to landlord; Cleaning: $105.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Walls (Materials And Labour: $206.62 awarded to landlord; Replace Furnishings: Carpet: $357.40 awarded to landlord; Replace Furnishings: Hand Basin: $212.00 awarded to landlord; Property Damage: $550.00 awarded to landlord

What type of tenancy dispute was case 4726932?

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

Where can I read the official tribunal order for case 4726932?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10533809-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4726932 — Property damage

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 4726932 — 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 4726932 — net $1,486.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$35.00	Cleaning
Cleaning: Blinds	$105.00	Cleaning: Blinds
Replace furnishings: Kitchen counter (insurance excess	$550.00	Replace furnishings: Kitchen counter (insurance excess
Replace furnishings: Hand basin	$212.00	Replace furnishings: Hand basin
Replace furnishings: Carpet	$357.40	Replace furnishings: Carpet
Repairs: Walls (materials and labour	$206.62	Repairs: Walls (materials and labour
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,486.46
Total payable by Tenant to Landlord	$1,486.46

Claims and awards for application 4726932 — net $1,486.46 NZD. Verify on MoJ.

Cleaning

Amount: $35.00
Awarded to: Landlord
Reason: Cleaning

Cleaning: Blinds

Amount: $105.00
Awarded to: Landlord
Reason: Cleaning: Blinds

Replace furnishings: Kitchen counter (insurance excess

Amount: $550.00
Awarded to: Landlord
Reason: Replace furnishings: Kitchen counter (insurance excess

Replace furnishings: Hand basin

Amount: $212.00
Awarded to: Landlord
Reason: Replace furnishings: Hand basin

Replace furnishings: Carpet

Amount: $357.40
Awarded to: Landlord
Reason: Replace furnishings: Carpet

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

[The tenant/s] to pay [The landlord/s] $1,486.46 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,640.00 ([Bond number suppressed]) immediately apportioned as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation following the end of the tenancy.
The onus is on the landlord to prove their claims on the balance of probabilities.
The tenant has already accepted liability for damage to the carpet at mediation, so I make an order for the $357.40 claimed.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claimed $360.00 for 8 hours of cleaning. However, I find that only minor cleaning needed to be done to bring the premises up to a reasonable standard. I award $35.00 for one hour of cleaning based on the photographs provided as fair, reasonable and proportionate compensation.
I also award $105.00 for 3 hours cleaning of the blinds at a rate of $35.00 per hour.
The broadband ONT box and television brackets were missing at the end of the tenancy. I accept the tenant’s evidence that this was a genuine mistake by her movers and there was a slight delay in returning the items due to a family bereavement. While I acknowledge the inconvenience caused to the incoming tenant, I decline to make any award. The landlord has not provided any evidence to substantiate any loss in any event.
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.
The following damage was caused during the tenancy: kitchen bench and ensuite hand basin were stained and the stains could not be removed by cleaning, and there was some minor damage to walls. The damage is more than fair wear and tear, and the tenant has not disproved liability. I find that this is careless damage. The tenant has accepted liability for the materials needed for the wall repairs and touch-ups.
The amounts ordered are proved. The landlord was unable to provide any estimate for fitting the ensuite sink so I am unable to make any award. I have also reduced the labour involved in wall repairs and touch-ups to 3 hours at $35.00 per hour based on the evidence provided. I award $105.00 labour and $101.62 materials for a total of $206.62 as fair, reasonable and proportionate compensation.
As the landlord has partly wholly succeeded with the claim, the tenant must reimburse the filing fee.
Both parties have consented to name suppression for each other.

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 4726932 — net $1,486.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$35.00	Cleaning
Cleaning: Blinds	$105.00	Cleaning: Blinds
Replace furnishings: Kitchen counter (insurance excess	$550.00	Replace furnishings: Kitchen counter (insurance excess
Replace furnishings: Hand basin	$212.00	Replace furnishings: Hand basin
Replace furnishings: Carpet	$357.40	Replace furnishings: Carpet
Repairs: Walls (materials and labour	$206.62	Repairs: Walls (materials and labour
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,486.46
Total payable by Tenant to Landlord	$1,486.46

Claims and awards for application 4726932 — net $1,486.46 NZD. Verify on MoJ.

Cleaning

Amount: $35.00
Awarded to: Landlord
Reason: Cleaning

Cleaning: Blinds

Amount: $105.00
Awarded to: Landlord
Reason: Cleaning: Blinds

Replace furnishings: Kitchen counter (insurance excess

Amount: $550.00
Awarded to: Landlord
Reason: Replace furnishings: Kitchen counter (insurance excess

Replace furnishings: Hand basin

Amount: $212.00
Awarded to: Landlord
Reason: Replace furnishings: Hand basin

Replace furnishings: Carpet

Amount: $357.40
Awarded to: Landlord
Reason: Replace furnishings: Carpet

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

[The tenant/s] to pay [The landlord/s] $1,486.46 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,640.00 ([Bond number suppressed]) immediately apportioned as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation following the end of the tenancy.
The onus is on the landlord to prove their claims on the balance of probabilities.
The tenant has already accepted liability for damage to the carpet at mediation, so I make an order for the $357.40 claimed.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claimed $360.00 for 8 hours of cleaning. However, I find that only minor cleaning needed to be done to bring the premises up to a reasonable standard. I award $35.00 for one hour of cleaning based on the photographs provided as fair, reasonable and proportionate compensation.
I also award $105.00 for 3 hours cleaning of the blinds at a rate of $35.00 per hour.
The broadband ONT box and television brackets were missing at the end of the tenancy. I accept the tenant’s evidence that this was a genuine mistake by her movers and there was a slight delay in returning the items due to a family bereavement. While I acknowledge the inconvenience caused to the incoming tenant, I decline to make any award. The landlord has not provided any evidence to substantiate any loss in any event.
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.
The following damage was caused during the tenancy: kitchen bench and ensuite hand basin were stained and the stains could not be removed by cleaning, and there was some minor damage to walls. The damage is more than fair wear and tear, and the tenant has not disproved liability. I find that this is careless damage. The tenant has accepted liability for the materials needed for the wall repairs and touch-ups.
The amounts ordered are proved. The landlord was unable to provide any estimate for fitting the ensuite sink so I am unable to make any award. I have also reduced the labour involved in wall repairs and touch-ups to 3 hours at $35.00 per hour based on the evidence provided. I award $105.00 labour and $101.62 materials for a total of $206.62 as fair, reasonable and proportionate compensation.
As the landlord has partly wholly succeeded with the claim, the tenant must reimburse the filing fee.
Both parties have consented to name suppression for each other.

Tenancy Tribunal case 4726932 — Property damage

At a glance

Tenancy Tribunal case 4726932 — 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