What was Tenancy Tribunal case 4786820 about?

The tribunal order states: Danielle Emma James must pay [The landlord/s] $10,138.44 immediately,

How much money was awarded in case 4786820?

Cleaning: $750.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $7,818.00 awarded to landlord; Painting: $3,500.00 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord

What type of tenancy dispute was case 4786820?

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

Where can I read the official tribunal order for case 4786820?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10165459-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4786820 about?

The tribunal order states: Danielle Emma James must pay [The landlord/s] $10,138.44 immediately,

How much money was awarded in case 4786820?

Cleaning: $750.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $7,818.00 awarded to landlord; Painting: $3,500.00 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord

What type of tenancy dispute was case 4786820?

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

Where can I read the official tribunal order for case 4786820?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10165459-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4786820 — Property damage

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New Zealand Tenancy Tribunal Case 4786820 — 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 4786820 — net $10,138.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$750.00	Cleaning
Rubbish removal	$150.00	Rubbish removal
Repairs: Carpet Replacement	$7,818.00	Repairs: Carpet Replacement
Repairs: Painting	$3,500.00	Repairs: Painting
Window repairs	$500.00	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,138.44
Total payable by Tenant to Landlord	$10,138.44

Claims and awards for application 4786820 — net $10,138.44 NZD. Verify on MoJ.

Cleaning

Amount: $750.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $150.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Carpet Replacement

Amount: $7,818.00
Awarded to: Landlord
Reason: Repairs: Carpet Replacement

Repairs: Painting

Amount: $3,500.00
Awarded to: Landlord
Reason: Repairs: Painting

Window repairs

Amount: $500.00
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Danielle Emma James must pay [The landlord/s] $10,138.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The claim for rent arrears is dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord claimed that rent was owed at the end of the tenancy. However, the “arrears” arose because of a purported increase within 12 months of the start of the tenancy. See s24(1)(d) and s11(3) Residential Tenancies Act (RTA). The landlord did not establish that any amount was owed for rent at the end of the tenancy. That claim is dismissed.

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 landlord provided photographs which clearly establish that the tenant breached her obligations.
However, the landlord is also required to prove its loss as a result of any breach. The landlord provided a quote for cleaning but has not incurred that cost. Rather, he carried out the cleaning himself, with members of his family. Having regard to the photographs, awards for similar damage by the Tribunal and the landlord’s evidence of time spent, I award $750 for cleaning and $150 for rubbish removal.

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.
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: broken windows, carpet soiled beyond reasonable cleaning in all rooms, extensive damage to paintwork/drawing on walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The carpet was virtually new at the start of the tenancy and now has to be replaced. The replacement cost will be $11,500. The landlord has received insurance of $3,682.00 and sought to recover the damage between those two amounts. The carpet damage was intentional in the Guo v Korck sense, and I award the amount sought being $7,818.00.
The landlord sought the cost of repainting throughout ($9,200), less an insurance payment received ($1,071.51). The evidence established some wall damage, but not that an entire repaint was required. Having regard to the photographs, I have awarded $3,500 for repainting.
The landlord also received a partial payment for glass repairs. Three windows were damaged during the tenancy. They are in the process of being repaired. I award $500 for glass repairs.
As the landlord was substantially successful, I have awarded reimbursement of the Tribunal application 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 4786820 — net $10,138.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$750.00	Cleaning
Rubbish removal	$150.00	Rubbish removal
Repairs: Carpet Replacement	$7,818.00	Repairs: Carpet Replacement
Repairs: Painting	$3,500.00	Repairs: Painting
Window repairs	$500.00	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,138.44
Total payable by Tenant to Landlord	$10,138.44

Claims and awards for application 4786820 — net $10,138.44 NZD. Verify on MoJ.

Cleaning

Amount: $750.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $150.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Carpet Replacement

Amount: $7,818.00
Awarded to: Landlord
Reason: Repairs: Carpet Replacement

Repairs: Painting

Amount: $3,500.00
Awarded to: Landlord
Reason: Repairs: Painting

Window repairs

Amount: $500.00
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Danielle Emma James must pay [The landlord/s] $10,138.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The claim for rent arrears is dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord claimed that rent was owed at the end of the tenancy. However, the “arrears” arose because of a purported increase within 12 months of the start of the tenancy. See s24(1)(d) and s11(3) Residential Tenancies Act (RTA). The landlord did not establish that any amount was owed for rent at the end of the tenancy. That claim is dismissed.

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 landlord provided photographs which clearly establish that the tenant breached her obligations.
However, the landlord is also required to prove its loss as a result of any breach. The landlord provided a quote for cleaning but has not incurred that cost. Rather, he carried out the cleaning himself, with members of his family. Having regard to the photographs, awards for similar damage by the Tribunal and the landlord’s evidence of time spent, I award $750 for cleaning and $150 for rubbish removal.

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.
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: broken windows, carpet soiled beyond reasonable cleaning in all rooms, extensive damage to paintwork/drawing on walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The carpet was virtually new at the start of the tenancy and now has to be replaced. The replacement cost will be $11,500. The landlord has received insurance of $3,682.00 and sought to recover the damage between those two amounts. The carpet damage was intentional in the Guo v Korck sense, and I award the amount sought being $7,818.00.
The landlord sought the cost of repainting throughout ($9,200), less an insurance payment received ($1,071.51). The evidence established some wall damage, but not that an entire repaint was required. Having regard to the photographs, I have awarded $3,500 for repainting.
The landlord also received a partial payment for glass repairs. Three windows were damaged during the tenancy. They are in the process of being repaired. I award $500 for glass repairs.
As the landlord was substantially successful, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4786820 — Property damage

At a glance

Tenancy Tribunal case 4786820 — 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