What was Tenancy Tribunal case 4766439 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 4766439?

____________________________________…: $250.00 awarded to landlord; Cleaning: $301.68 awarded to landlord; Cleaning: $810.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4706271 D…: $1,233.52 awarded to landlord; Property Damage: $296.02 awarded to landlord; Rent Arrears: $142.85 awarded to landlord; Bedroom Two: $472.00 awarded to landlord; Blinds: $642.98 awarded to landlord; Glass Door: $458.97 awarded to landlord; Lino In Laundry: $120.00 awarded to landlord; Replace Furnishings: Carpet: $800.00 awarded to landlord; Replace furnishings: carpet protecto…: $188.93 awarded to landlord; Replace Furnishings: Microwave: $50.00 awarded to landlord; Replace Furnishings: Other Chattels: $200.00 awarded to landlord; Replace Furnishings: Sensor Light: $87.42 awarded to landlord; Smoke Alarms: $21.42 awarded to landlord; Replace Furnishings: Two Rugs: $150.00 awarded to landlord; Replace Furnishings: Wall Unit: $50.00 awarded to landlord; Replace Furnishings: Washing Machine: $450.00 awarded to landlord; Rubbish Removal: $1,085.00 awarded to landlord

What type of tenancy dispute was case 4766439?

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

Where can I read the official tribunal order for case 4766439?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10368897-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4766439 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 4766439?

____________________________________…: $250.00 awarded to landlord; Cleaning: $301.68 awarded to landlord; Cleaning: $810.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4706271 D…: $1,233.52 awarded to landlord; Property Damage: $296.02 awarded to landlord; Rent Arrears: $142.85 awarded to landlord; Bedroom Two: $472.00 awarded to landlord; Blinds: $642.98 awarded to landlord; Glass Door: $458.97 awarded to landlord; Lino In Laundry: $120.00 awarded to landlord; Replace Furnishings: Carpet: $800.00 awarded to landlord; Replace furnishings: carpet protecto…: $188.93 awarded to landlord; Replace Furnishings: Microwave: $50.00 awarded to landlord; Replace Furnishings: Other Chattels: $200.00 awarded to landlord; Replace Furnishings: Sensor Light: $87.42 awarded to landlord; Smoke Alarms: $21.42 awarded to landlord; Replace Furnishings: Two Rugs: $150.00 awarded to landlord; Replace Furnishings: Wall Unit: $50.00 awarded to landlord; Replace Furnishings: Washing Machine: $450.00 awarded to landlord; Rubbish Removal: $1,085.00 awarded to landlord

What type of tenancy dispute was case 4766439?

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

Where can I read the official tribunal order for case 4766439?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10368897-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4766439 — Property damage

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 4766439 — 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 4766439 — net $7,831.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$142.85	Rent arrears
Previous order application 4706271 dated 08/11/2023	$1,233.52	Previous order application 4706271 dated 08/11/2023
Lock/key replacement	$296.02	Lock/key replacement
Repairs: glass door	$458.97	Repairs: glass door
Rubbish removal	$1,085.00	Rubbish removal
Carpet Cleaning	$301.68	Carpet Cleaning
Cleaning	$810.00	Cleaning
Replace furnishings: carpet	$800.00	Replace furnishings: carpet
Repairs: lino in laundry	$120.00	Repairs: lino in laundry
Repairs: bedroom two	$472.00	Repairs: bedroom two
Repairs: blinds	$642.98	Repairs: blinds
Replace furnishings: sensor light	$87.42	Replace furnishings: sensor light
Replace furnishings: smoke alarm	$21.42	Replace furnishings: smoke alarm
Replace furnishings: washing machine	$450.00	Replace furnishings: washing machine
Replace furnishings: carpet protector	$188.93	Replace furnishings: carpet protector
Replace furnishings: two rugs	$150.00	Replace furnishings: two rugs
Replace furnishings: wall unit	$50.00	Replace furnishings: wall unit
Replace furnishings: microwave	$50.00	Replace furnishings: microwave
__________________________________________________________________________________ 47664392 Replace furnishings: kitchen	$250.00	__________________________________________________________________________________ 47664392 Replace furnishings: kitchen
Replace furnishings: other chattels	$200.00	Replace furnishings: other chattels
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,831.23
Total payable by Tenant to Landlord	$7,831.23

Claims and awards for application 4766439 — net $7,831.23 NZD. Verify on MoJ.

Rent arrears

Amount: $142.85
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4706271 dated 08/11/2023

Amount: $1,233.52
Awarded to: Landlord
Reason: Previous order application 4706271 dated 08/11/2023

Lock/key replacement

Amount: $296.02
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: glass door

Amount: $458.97
Awarded to: Landlord
Reason: Repairs: glass door

Rubbish removal

Amount: $1,085.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Replace Smoke Alarms Rubbish Removal

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Aundrea Gutierrez Denoon must pay [The landlord/s] $7,831.23 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$142.85 Previous order application 4706271 dated 08/11/2023 $1,233.52 Lock/key replacement$296.02 Repairs: glass door$458.97 Rubbish removal$1,085.00 Carpet Cleaning$301.68 Cleaning$810.00 Replace furnishings: carpet$800.00 Repairs: lino in laundry$120.00 Repairs: bedroom two$472.00 Repairs: blinds$642.98 Replace furnishings: sensor light$87.42 Replace furnishings: smoke alarm$21.42 Replace furnishings: washing machine$450.00 Replace furnishings: carpet protector$188.93 Replace furnishings: two rugs$150.00 Replace furnishings: wall unit$50.00 Replace furnishings: microwave$50.00 Replace furnishings: kitchen trolley$250.00 Replace furnishings: other chattels$200.00 Filing fee reimbursement$20.44 Total award$7,831.23 Total payable by Tenant to Landlord$7,831.23

Reasons

The landlord attended the hearing.
The tenant contacted the Tribunal on the morning of the hearing to advise that she was sick and would not be attending the hearing. As the tenant supplied no evidence in support of her application for an adjournment, it was appropriate to proceed with the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 November 2023, two days after the tenancy was terminated by an Order of the Tribunal dated 8 November 2023.
The landlord is entitled to rent for the further two days not covered in the previous Order.

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The photographs indicated that the tenant took what she wanted and left everything else behind having made no attempt to clean the property which was left in a filthy state.
The tenant did not return all the keys.
The following chattels were missing at the end of the tenancy: a sensor light, a smoke alarm, washing machine, carpet protector, two rugs, a wall unit, a microwave, a substantial kitchen trolley, a barometer, a painting and sundry crockery and cutlery.
The landlord supplied a washing machine at the start of the tenancy. The landlord’s advised that, without obtaining the landlord’s consent, the tenant moved this out of the property, disposed of it and installed an inferior washing machine.
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.
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. There were several holes and damage to the walls and door in bedroom two. These were caused intentionally. b. Many parts of the roller blinds were missing or damaged. Some roller blinds had been taken down and required re-installation. This damage was done intentionally. c. The tenant had installed her washing machine incorrectly so that it leaked and caused damage to the flooring in the laundry. This was careless damage and the landlord is entitled to the amount claimed for removal and disposal of the lino. d. The carpets in the lounge, bedroom one and bedroom two were damaged beyond repair or cleaning. The landlord explained that the carpets were stained and smelt very badly. They tried to clean the carpets but found that they were beyond repair. The extent and nature of the damage indicate that the damage was intentional. e. The landlord’s motor vehicle stored at the property was vandalised at the end of the tenancy. As this was not a chattel of the tenancy, the Tribunal does not have authority to award any amount in relation to this damage.
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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The carpets were at the end of their useful life. However, they retained some utility value because the landlord would not have had to replace them but for the actions of the tenant. It is appropriate that the landlord be compensated for their loss by a modest amount.
The landlord undertook the required cleaning, rubbish removal and repairs at the end of the tenancy. They have accounted for the time spent and provided receipts for their expenditure. I am satisfied that the amounts claimed are no more and probably less than the amount the landlord would have had to pay a contractor. I have determined the amounts claimed are fair and reasonable.
Because the landlord has been substantially successful in their application, it is appropriate to reimburse the filing fee.

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 4766439 — net $7,831.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$142.85	Rent arrears
Previous order application 4706271 dated 08/11/2023	$1,233.52	Previous order application 4706271 dated 08/11/2023
Lock/key replacement	$296.02	Lock/key replacement
Repairs: glass door	$458.97	Repairs: glass door
Rubbish removal	$1,085.00	Rubbish removal
Carpet Cleaning	$301.68	Carpet Cleaning
Cleaning	$810.00	Cleaning
Replace furnishings: carpet	$800.00	Replace furnishings: carpet
Repairs: lino in laundry	$120.00	Repairs: lino in laundry
Repairs: bedroom two	$472.00	Repairs: bedroom two
Repairs: blinds	$642.98	Repairs: blinds
Replace furnishings: sensor light	$87.42	Replace furnishings: sensor light
Replace furnishings: smoke alarm	$21.42	Replace furnishings: smoke alarm
Replace furnishings: washing machine	$450.00	Replace furnishings: washing machine
Replace furnishings: carpet protector	$188.93	Replace furnishings: carpet protector
Replace furnishings: two rugs	$150.00	Replace furnishings: two rugs
Replace furnishings: wall unit	$50.00	Replace furnishings: wall unit
Replace furnishings: microwave	$50.00	Replace furnishings: microwave
__________________________________________________________________________________ 47664392 Replace furnishings: kitchen	$250.00	__________________________________________________________________________________ 47664392 Replace furnishings: kitchen
Replace furnishings: other chattels	$200.00	Replace furnishings: other chattels
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,831.23
Total payable by Tenant to Landlord	$7,831.23

Claims and awards for application 4766439 — net $7,831.23 NZD. Verify on MoJ.

Rent arrears

Amount: $142.85
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4706271 dated 08/11/2023

Amount: $1,233.52
Awarded to: Landlord
Reason: Previous order application 4706271 dated 08/11/2023

Lock/key replacement

Amount: $296.02
Awarded to: Landlord
Reason: Lock/key replacement

Repairs: glass door

Amount: $458.97
Awarded to: Landlord
Reason: Repairs: glass door

Rubbish removal

Amount: $1,085.00
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Replace Smoke Alarms Rubbish Removal

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Aundrea Gutierrez Denoon must pay [The landlord/s] $7,831.23 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$142.85 Previous order application 4706271 dated 08/11/2023 $1,233.52 Lock/key replacement$296.02 Repairs: glass door$458.97 Rubbish removal$1,085.00 Carpet Cleaning$301.68 Cleaning$810.00 Replace furnishings: carpet$800.00 Repairs: lino in laundry$120.00 Repairs: bedroom two$472.00 Repairs: blinds$642.98 Replace furnishings: sensor light$87.42 Replace furnishings: smoke alarm$21.42 Replace furnishings: washing machine$450.00 Replace furnishings: carpet protector$188.93 Replace furnishings: two rugs$150.00 Replace furnishings: wall unit$50.00 Replace furnishings: microwave$50.00 Replace furnishings: kitchen trolley$250.00 Replace furnishings: other chattels$200.00 Filing fee reimbursement$20.44 Total award$7,831.23 Total payable by Tenant to Landlord$7,831.23

Reasons

The landlord attended the hearing.
The tenant contacted the Tribunal on the morning of the hearing to advise that she was sick and would not be attending the hearing. As the tenant supplied no evidence in support of her application for an adjournment, it was appropriate to proceed with the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 10 November 2023, two days after the tenancy was terminated by an Order of the Tribunal dated 8 November 2023.
The landlord is entitled to rent for the further two days not covered in the previous Order.

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The photographs indicated that the tenant took what she wanted and left everything else behind having made no attempt to clean the property which was left in a filthy state.
The tenant did not return all the keys.
The following chattels were missing at the end of the tenancy: a sensor light, a smoke alarm, washing machine, carpet protector, two rugs, a wall unit, a microwave, a substantial kitchen trolley, a barometer, a painting and sundry crockery and cutlery.
The landlord supplied a washing machine at the start of the tenancy. The landlord’s advised that, without obtaining the landlord’s consent, the tenant moved this out of the property, disposed of it and installed an inferior washing machine.
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.
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. There were several holes and damage to the walls and door in bedroom two. These were caused intentionally. b. Many parts of the roller blinds were missing or damaged. Some roller blinds had been taken down and required re-installation. This damage was done intentionally. c. The tenant had installed her washing machine incorrectly so that it leaked and caused damage to the flooring in the laundry. This was careless damage and the landlord is entitled to the amount claimed for removal and disposal of the lino. d. The carpets in the lounge, bedroom one and bedroom two were damaged beyond repair or cleaning. The landlord explained that the carpets were stained and smelt very badly. They tried to clean the carpets but found that they were beyond repair. The extent and nature of the damage indicate that the damage was intentional. e. The landlord’s motor vehicle stored at the property was vandalised at the end of the tenancy. As this was not a chattel of the tenancy, the Tribunal does not have authority to award any amount in relation to this damage.
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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The carpets were at the end of their useful life. However, they retained some utility value because the landlord would not have had to replace them but for the actions of the tenant. It is appropriate that the landlord be compensated for their loss by a modest amount.
The landlord undertook the required cleaning, rubbish removal and repairs at the end of the tenancy. They have accounted for the time spent and provided receipts for their expenditure. I am satisfied that the amounts claimed are no more and probably less than the amount the landlord would have had to pay a contractor. I have determined the amounts claimed are fair and reasonable.
Because the landlord has been substantially successful in their application, it is appropriate to reimburse the filing fee.

Tenancy Tribunal case 4766439 — Property damage

At a glance

Tenancy Tribunal case 4766439 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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