How much money was awarded in case 4754252?

Cleaning: $224.25 awarded to landlord; Cleaning: $253.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Replace Curtains & Rods: $327.75 awarded to landlord; Replace Kitchen Blinds: $327.75 awarded to landlord; Rubbish Removal: $618.84 awarded to landlord; Property Damage: $521.82 awarded to landlord

What type of tenancy dispute was case 4754252?

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

Where can I read the official tribunal order for case 4754252?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10071058-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4754252?

Cleaning: $224.25 awarded to landlord; Cleaning: $253.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Replace Curtains & Rods: $327.75 awarded to landlord; Replace Kitchen Blinds: $327.75 awarded to landlord; Rubbish Removal: $618.84 awarded to landlord; Property Damage: $521.82 awarded to landlord

What type of tenancy dispute was case 4754252?

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

Where can I read the official tribunal order for case 4754252?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10071058-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4754252 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4754252 — net $1,981.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$253.00	Cleaning
Rubbish removal	$618.84	Rubbish removal
Carpet cleaning	$224.25	Carpet cleaning
Replace curtains & rods	$327.75	Replace curtains & rods
Replace kitchen blinds	$327.75	Replace kitchen blinds
Wall repairs: lounge, kitchen/dining, bedroom	$521.82	Wall repairs: lounge, kitchen/dining, bedroom
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,981.85
Total payable by Tenant to Landlord	$1,981.85

Only the landlord, represented by [The landlord’s representatives], attended the hearing. While notified, the tenant did not attend, and the hearing proceeded in her absence.

This tenancy began on 15 July 2022 and came to an end on 22 August 2023. The rent is $78.00 and a bond of $312.00 was paid.

The landlord has applied for compensation, payment from 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?

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) of the Residential Tenancies Act 1986 (the RTA).

The landlord claims cleaning and rubbish removal costs. The landlord has produced evidence, including an invoice, and inspection reports with photographs showing the condition of the premises at the end of the tenancy and prior to the tenancy commencing. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord has also established that the curtains and rods were removed from the lounge and both bedrooms. The kitchen blinds were also missing at the end of the tenancy.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage. To be successful, 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 of the RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the RTA.

In this case the landlord has advised that there is no insurance for tenant damage. The rent is $78.00 per week and the landlord has estimated the market rent to be $500.00 per week.

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) of the 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) of the 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) of the 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.

From the photographic, oral and documentary evidence produced by the landlord (including an invoice for repairs), I am satisfied that the following damage was caused during the tenancy: a. Damage to walls in the lounge b. Damage to walls in the bedroom c. Damage to walls in the dining/kitchen area

The landlord claims $521.82 for the cost of repairing the walls in the above areas. This amount, as ordered above, has been proved.

In ordering the above amount, I have taken into account the principle of betterment, and depreciation. This is to ensure the landlord is returned to the position they would have been in had the tenant not breached their obligations, and is not better or worse off (the principle of betterment). When calculating depreciation, the age and condition of the items at the start of the tenancy and their likely useful lifespan are taken into account.

The landlord has advised that there were other areas of damage, which are not being claimed. Name suppression and filing fee

An application for suppression of the names and identifying details of both parties has been made in this case by the landlord. The landlord also seeks the filing fee.

Being the successful party in these proceedings, the landlord is entitled to name suppression and the filing fee.

While noting that the tenant is the unsuccessful party, the Tribunal, having had regard to the interests of the parties and to the public interest, orders suppression of the tenant’s name and identifying details.

Reasons

Claims and awards in Tenancy Tribunal application 4754252 — net $1,981.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$253.00	Cleaning
Rubbish removal	$618.84	Rubbish removal
Carpet cleaning	$224.25	Carpet cleaning
Replace curtains & rods	$327.75	Replace curtains & rods
Replace kitchen blinds	$327.75	Replace kitchen blinds
Wall repairs: lounge, kitchen/dining, bedroom	$521.82	Wall repairs: lounge, kitchen/dining, bedroom
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,981.85
Total payable by Tenant to Landlord	$1,981.85

Only the landlord, represented by [The landlord’s representatives], attended the hearing. While notified, the tenant did not attend, and the hearing proceeded in her absence.

This tenancy began on 15 July 2022 and came to an end on 22 August 2023. The rent is $78.00 and a bond of $312.00 was paid.

The landlord has applied for compensation, payment from 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 landlord has also established that the curtains and rods were removed from the lounge and both bedrooms. The kitchen blinds were also missing at the end of the tenancy.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

In this case the landlord has advised that there is no insurance for tenant damage. The rent is $78.00 per week and the landlord has estimated the market rent to be $500.00 per week.

The landlord claims $521.82 for the cost of repairing the walls in the above areas. This amount, as ordered above, has been proved.

The landlord has advised that there were other areas of damage, which are not being claimed. Name suppression and filing fee

An application for suppression of the names and identifying details of both parties has been made in this case by the landlord. The landlord also seeks the filing fee.

Being the successful party in these proceedings, the landlord is entitled to name suppression and the filing fee.

Tenancy Tribunal case 4754252 — Property damage

At a glance

Tenancy Tribunal case 4754252 — 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