How much money was awarded in case 4736729?

Cleaning: $546.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $261.00 awarded to landlord; Previous mediators order: applicatio…: $1,399.20 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Plaster and paint all walls througho…: $2,800.00 awarded to landlord; Remove Old Stove: $92.00 awarded to landlord; Kitchen Vinyl: $500.00 awarded to landlord; Replace Furnishings: Replace Stove: $694.00 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Rubbish Removal: $340.00 awarded to landlord

What type of tenancy dispute was case 4736729?

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

Where can I read the official tribunal order for case 4736729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10418820-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4736729?

Cleaning: $546.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $261.00 awarded to landlord; Previous mediators order: applicatio…: $1,399.20 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Plaster and paint all walls througho…: $2,800.00 awarded to landlord; Remove Old Stove: $92.00 awarded to landlord; Kitchen Vinyl: $500.00 awarded to landlord; Replace Furnishings: Replace Stove: $694.00 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Rubbish Removal: $340.00 awarded to landlord

What type of tenancy dispute was case 4736729?

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

Where can I read the official tribunal order for case 4736729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10418820-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4736729 — Property damage

Q: What was Tenancy Tribunal case 4736729 about?

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

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 4736729 — net $9,382.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous mediators order: application 4684580 dated 04/10/2023	$1,399.20	Previous mediators order: application 4684580 dated 04/10/2023
Repairs: Carpet replacement in lounge, hall and bedrooms (insurance excess for 5 rooms	$2,500.00	Repairs: Carpet replacement in lounge, hall and bedrooms (insurance excess for 5 rooms
Repairs: Replace vinyl in kitchen and laundry (insurance excess	$500.00	Repairs: Replace vinyl in kitchen and laundry (insurance excess
Replace furnishings: Replace stove	$694.00	Replace furnishings: Replace stove
Repairs: Remove old stove	$92.00	Repairs: Remove old stove
Repairs: Plaster and paint all walls throughout house	$2,800.00	Repairs: Plaster and paint all walls throughout house
Rubbish removal: Skip bin hire	$340.00	Rubbish removal: Skip bin hire
Rubbish removal	$230.00	Rubbish removal
Lock/key replacement: (front and back door and bedroom	$261.00	Lock/key replacement: (front and back door and bedroom
Cleaning	$546.25	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,382.89
Total payable by Tenant to Landlord	$9,382.89

Claims and awards in Tenancy Tribunal application 4736729 — net $9,382.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Previous mediators order: application 4684580 dated 04/10/2023

$1,399.20

Previous mediators order: application 4684580 dated 04/10/2023

Repairs: Carpet replacement in lounge, hall and bedrooms (insurance excess for 5 rooms

$2,500.00

Repairs: Carpet replacement in lounge, hall and bedrooms (insurance excess for 5 rooms

Repairs: Replace vinyl in kitchen and laundry (insurance excess

$500.00

Repairs: Replace vinyl in kitchen and laundry (insurance excess

Replace furnishings: Replace stove

$694.00

Replace furnishings: Replace stove

Repairs: Remove old stove

$92.00

Repairs: Remove old stove

Repairs: Plaster and paint all walls throughout house

$2,800.00

Repairs: Plaster and paint all walls throughout house

Rubbish removal: Skip bin hire

$340.00

Rubbish removal: Skip bin hire

Rubbish removal

$230.00

Rubbish removal

Lock/key replacement: (front and back door and bedroom

$261.00

Lock/key replacement: (front and back door and bedroom

Cleaning

$546.25

Cleaning

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$9,382.89

Total payable by Tenant to Landlord

$9,382.89

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.

This order incorporates the Mediators order made on 4 October 2023 under application 4684580 and sealed by the Tribunal on 21 November 2023.

[The tenant] owes [the landlord] $9,382.89 (“the debt”), calculated as shown in table below.

[The tenant] must repay the debt as follows: a. By 311 weekly payments of $30.00 each Tuesday, commencing on Tuesday 11 June 2024 and ending on Tuesday 28 May 2030; and b. A final payment of $22.89, to fully repay the debt, to be paid on Tuesday 4 June 2030; and c. Where the tenant’s financial circumstances improve, for example if the tenant successfully obtains employment, the tenant has agreed to contact the landlord to make arrangements to increase the weekly amounts payable.

If [the tenant] fails to pay any of the debt repayments within 2 working days of the due dates, the full amount of the remaining debt will fall due immediately.

[The tenant] has agreed to go to Work and Income New Zealand (WINZ) immediately to set up an automatic payment of $30.00 each week to the landlord, so that the debt is repaid directly to the landlord from her WINZ benefit. Where [the tenant] has failed to set up these automatic repayments of the debt with WINZ by 10 June 2024, she agrees to the Landlord applying for an Attachment Order to her WINZ benefit for the repayment of the debt in the agreed instalment amounts of $30.00 per week and to the additional $50.00 filing fee being added to the debt amount.

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

On 21 November 2023 the Tribunal sealed the Mediator’s 4 October 2023 Order relating to this tenancy, for rent arrears of $1,222.25 to 02/10/23, water rates of $155.02, refund of the bond of $2480.00 and reimbursement of the filing fee of $20.44. The previous order is incorporated into this order for enforcement purposes. The amount still owing from this order is $1,399.20.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

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 following damage was caused during the tenancy: a. Damage to the carpet in the lounge and three bedrooms from spilt fizzy drinks, lip stick, nail chemicals from the tenant’s home-based nail salon; b. Marks on the vinyl in the kitchen and laundry that were unable to be removed by washing and the vinyl having to be replaced; c. Marks, pin holes, scrapes and chips in the paint on all the walls throughout the house from children and ex-partner; and d. Stove dented badly at the front and the hinges broken to the door.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

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. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Exemplary damages

The landlord has applied for exemplary damages for breaches of her section 40 and 41 of the RTA obligations. Schedule 1A of the RTA does not make provision for exemplary damages for such breaches.

The landlord’s application for exemplary damages is dismissed.

The tenant is a solo mother of three children that has been subject to family violence and is severely traumatised. She has accepted liability for the damage caused by her children and partner and has agreed to repay a significant debt for a woman on a sole parent’s benefit. I am satisfied that the award of general damages adequately covers the damage suffered by the landlord. The tenant could have used the family violence she suffered to defend the landlord’s claims for rent arrears, for a period she was unable to live safely at the premises but was still in her 28 day notice period, and for damage done by her ex-partner when he came to the house uninvited to subject her to a level of violence that has resulted in damage to the house and him being jailed. Reimbursement of the filing fee

Because [The applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

The landlord applies for non-publication of its name and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication is ordered.

[The tenant] did not make an application during the hearing for her name and identifying details to be suppressed. The tenant did inform me that she has been subject to family violence during her tenancy which resulted in her having to take her three children with her to live with her family. Her ex-partner has gone to jail for the family violence she endured in the rental premise. Much of the wall and stove damage had been done by her ex-partner but she has accepted liability for it. She expressed her regret at not being able ensure the property was left in a reasonably clean and tidy state, and she had tried to remedy some of the damage that occurred to the doors and walls by her ex-partner. She had to flee because of the family violence and had insufficient time to remedy the damage and clean the house.

I am satisfied that the public interest in this matter does not outweigh the significant duress publishing the tenant’s name could result in when she applies for future tenancies. I therefore used my discretion to grant her suppression of her name and identifying details.

Claims and awards in Tenancy Tribunal application 4736729 — net $9,382.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous mediators order: application 4684580 dated 04/10/2023	$1,399.20	Previous mediators order: application 4684580 dated 04/10/2023
Repairs: Carpet replacement in lounge, hall and bedrooms (insurance excess for 5 rooms	$2,500.00	Repairs: Carpet replacement in lounge, hall and bedrooms (insurance excess for 5 rooms
Repairs: Replace vinyl in kitchen and laundry (insurance excess	$500.00	Repairs: Replace vinyl in kitchen and laundry (insurance excess
Replace furnishings: Replace stove	$694.00	Replace furnishings: Replace stove
Repairs: Remove old stove	$92.00	Repairs: Remove old stove
Repairs: Plaster and paint all walls throughout house	$2,800.00	Repairs: Plaster and paint all walls throughout house
Rubbish removal: Skip bin hire	$340.00	Rubbish removal: Skip bin hire
Rubbish removal	$230.00	Rubbish removal
Lock/key replacement: (front and back door and bedroom	$261.00	Lock/key replacement: (front and back door and bedroom
Cleaning	$546.25	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,382.89
Total payable by Tenant to Landlord	$9,382.89

Claims and awards in Tenancy Tribunal application 4736729 — net $9,382.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Previous mediators order: application 4684580 dated 04/10/2023

$1,399.20

Previous mediators order: application 4684580 dated 04/10/2023

Repairs: Carpet replacement in lounge, hall and bedrooms (insurance excess for 5 rooms

$2,500.00

Repairs: Carpet replacement in lounge, hall and bedrooms (insurance excess for 5 rooms

Repairs: Replace vinyl in kitchen and laundry (insurance excess

$500.00

Repairs: Replace vinyl in kitchen and laundry (insurance excess

Replace furnishings: Replace stove

$694.00

Replace furnishings: Replace stove

Repairs: Remove old stove

$92.00

Repairs: Remove old stove

Repairs: Plaster and paint all walls throughout house

$2,800.00

Repairs: Plaster and paint all walls throughout house

Rubbish removal: Skip bin hire

$340.00

Rubbish removal: Skip bin hire

Rubbish removal

$230.00

Rubbish removal

Lock/key replacement: (front and back door and bedroom

$261.00

Lock/key replacement: (front and back door and bedroom

Cleaning

$546.25

Cleaning

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$9,382.89

Total payable by Tenant to Landlord

$9,382.89

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord’s name and identifying details.

This order incorporates the Mediators order made on 4 October 2023 under application 4684580 and sealed by the Tribunal on 21 November 2023.

[The tenant] owes [the landlord] $9,382.89 (“the debt”), calculated as shown in table below.

If [the tenant] fails to pay any of the debt repayments within 2 working days of the due dates, the full amount of the remaining debt will fall due immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears, 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?

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 amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord has applied for exemplary damages for breaches of her section 40 and 41 of the RTA obligations. Schedule 1A of the RTA does not make provision for exemplary damages for such breaches.

The landlord’s application for exemplary damages is dismissed.

Because [The applicant] has wholly succeeded with the claim I must reimburse the filing fee. Name suppression

The landlord applies for non-publication of its name and identifying details.

Non-publication is ordered.

Tenancy Tribunal case 4736729 — Property damage

At a glance

Tenancy Tribunal case 4736729 — 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