What was Tenancy Tribunal case 4773897 about?

The tribunal order states: Pascal Louanne Hemana must pay [The landlord/s] $6,187.02 immediately,

How much money was awarded in case 4773897?

Cleaning: $278.08 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $4,950.00 awarded to landlord; Property Damage: $485.00 awarded to landlord; Rubbish, Gardens, Window Latches: $2,541.50 awarded to landlord; Water Charges To End Of Tenancy: $212.00 awarded to landlord

What type of tenancy dispute was case 4773897?

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

Where can I read the official tribunal order for case 4773897?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10111896-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4773897 about?

The tribunal order states: Pascal Louanne Hemana must pay [The landlord/s] $6,187.02 immediately,

How much money was awarded in case 4773897?

Cleaning: $278.08 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $4,950.00 awarded to landlord; Property Damage: $485.00 awarded to landlord; Rubbish, Gardens, Window Latches: $2,541.50 awarded to landlord; Water Charges To End Of Tenancy: $212.00 awarded to landlord

What type of tenancy dispute was case 4773897?

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

Where can I read the official tribunal order for case 4773897?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10111896-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4773897 — Property damage

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New Zealand Tenancy Tribunal Case 4773897 — 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 4773897 — net $6,187.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
insurance excesses ( x9	$4,950.00	insurance excesses ( x9
Water charges to end of tenancy	$212.00	Water charges to end of tenancy
Carpet cleaning assessment	$278.08	Carpet cleaning assessment
Rubbish, gardens, window latches	$2,541.50	Rubbish, gardens, window latches
Lock/key replacement	$485.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,187.02
Total payable by Tenant to Landlord	$6,187.02

Claims and awards for application 4773897 — net $6,187.02 NZD. Verify on MoJ.

insurance excesses ( x9

Amount: $4,950.00
Awarded to: Landlord
Reason: insurance excesses ( x9

Water charges to end of tenancy

Amount: $212.00
Awarded to: Landlord
Reason: Water charges to end of tenancy

Carpet cleaning assessment

Amount: $278.08
Awarded to: Landlord
Reason: Carpet cleaning assessment

Rubbish, gardens, window latches

Amount: $2,541.50
Awarded to: Landlord
Reason: Rubbish, gardens, window latches

Lock/key replacement

Amount: $485.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage

Order

Pascal Louanne Hemana must pay [The landlord/s] $6,187.02 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water?

The tenancy ended on 14 November 2023. The landlord provided water invoices which prove the amount owing at 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The exit inspection photographs show staining to the carpets throughout the property, and both the kitchen and bathroom required cleaning to meet the reasonably clean standard. The cleaning costs of $724.50 are reasonable. I also award the cost of the carpet cleaning assessment ($278.08) – the landlord had a specialist assess whether the carpets could be cleaned. They could not be, and insurers replaced the carpets, applying an excess of $550.00 for each of the 5 rooms affected.
The exit inspection photographs show lots of large items of furniture left behind, such as couches and mattresses. I find the rubbish removal costs ($1,063.75) reasonable.
The tenant did not return the keys. The locks had to be changed to make the property secure.
At the end of the tenancy the gardens were overgrown.

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.
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. The insurance excess was $550.00 with a weekly rent of $575.00.
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.
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.
As noted above, the carpets were badly stained and had to be replaced. There was also damage to the benchtop ($550.00) the walls of 2 bedrooms ($550.00 x2) and latches to windows ($322). The ranch-slider door glass was smashed, and the lock was broken ($550.00). The property was newly renovated at the start of the tenancy, so I make no allowance for depreciation. Filing fee and name suppression
The landlord’s application has been successful. The landlord must be awarded the filing fee.
Suppression is granted as requested.

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 4773897 — net $6,187.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
insurance excesses ( x9	$4,950.00	insurance excesses ( x9
Water charges to end of tenancy	$212.00	Water charges to end of tenancy
Carpet cleaning assessment	$278.08	Carpet cleaning assessment
Rubbish, gardens, window latches	$2,541.50	Rubbish, gardens, window latches
Lock/key replacement	$485.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,187.02
Total payable by Tenant to Landlord	$6,187.02

Claims and awards for application 4773897 — net $6,187.02 NZD. Verify on MoJ.

insurance excesses ( x9

Amount: $4,950.00
Awarded to: Landlord
Reason: insurance excesses ( x9

Water charges to end of tenancy

Amount: $212.00
Awarded to: Landlord
Reason: Water charges to end of tenancy

Carpet cleaning assessment

Amount: $278.08
Awarded to: Landlord
Reason: Carpet cleaning assessment

Rubbish, gardens, window latches

Amount: $2,541.50
Awarded to: Landlord
Reason: Rubbish, gardens, window latches

Lock/key replacement

Amount: $485.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage

Order

Pascal Louanne Hemana must pay [The landlord/s] $6,187.02 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water?

The tenancy ended on 14 November 2023. The landlord provided water invoices which prove the amount owing at 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The exit inspection photographs show staining to the carpets throughout the property, and both the kitchen and bathroom required cleaning to meet the reasonably clean standard. The cleaning costs of $724.50 are reasonable. I also award the cost of the carpet cleaning assessment ($278.08) – the landlord had a specialist assess whether the carpets could be cleaned. They could not be, and insurers replaced the carpets, applying an excess of $550.00 for each of the 5 rooms affected.
The exit inspection photographs show lots of large items of furniture left behind, such as couches and mattresses. I find the rubbish removal costs ($1,063.75) reasonable.
The tenant did not return the keys. The locks had to be changed to make the property secure.
At the end of the tenancy the gardens were overgrown.

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.
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. The insurance excess was $550.00 with a weekly rent of $575.00.
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.
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.
As noted above, the carpets were badly stained and had to be replaced. There was also damage to the benchtop ($550.00) the walls of 2 bedrooms ($550.00 x2) and latches to windows ($322). The ranch-slider door glass was smashed, and the lock was broken ($550.00). The property was newly renovated at the start of the tenancy, so I make no allowance for depreciation. Filing fee and name suppression
The landlord’s application has been successful. The landlord must be awarded the filing fee.
Suppression is granted as requested.

Tenancy Tribunal case 4773897 — Property damage

At a glance

Tenancy Tribunal case 4773897 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water?

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

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for water?

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

Key findings

Frequently asked questions