What was Tenancy Tribunal case 4793971 about?

The tribunal order states: The landlord’s name is suppressed.

How much money was awarded in case 4793971?

Cleaning: $213.60 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,745.71 awarded to landlord; Holes In Walls And Door: $600.00 awarded to landlord; Kitchen And Laundry Flood: $1,200.00 awarded to landlord; Replace Furnishings: Carpets: $1,000.00 awarded to landlord; Replace Furnishings: Curtains: $1,000.00 awarded to landlord; Replace Furnishings: Dishwasher: $250.00 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord

What type of tenancy dispute was case 4793971?

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

Where can I read the official tribunal order for case 4793971?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10258285-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4793971 about?

The tribunal order states: The landlord’s name is suppressed.

How much money was awarded in case 4793971?

Cleaning: $213.60 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,745.71 awarded to landlord; Holes In Walls And Door: $600.00 awarded to landlord; Kitchen And Laundry Flood: $1,200.00 awarded to landlord; Replace Furnishings: Carpets: $1,000.00 awarded to landlord; Replace Furnishings: Curtains: $1,000.00 awarded to landlord; Replace Furnishings: Dishwasher: $250.00 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord

What type of tenancy dispute was case 4793971?

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

Where can I read the official tribunal order for case 4793971?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10258285-Tribunal_Order_Redacted.pdf.

50A Harris Street, Marton, Marton 4710 Tenancy Tribunal Case 4793971 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4793971 — net $5,049.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,745.71	Rent arrears
Carpet Cleaning	$213.60	Carpet Cleaning
Repairs: holes in walls and door	$600.00	Repairs: holes in walls and door
Cleaning	$450.00	Cleaning
Rubbish removal	$450.00	Rubbish removal
Replace furnishings: curtains	$1,000.00	Replace furnishings: curtains
Replace furnishings: carpets	$1,000.00	Replace furnishings: carpets
Repairs: kitchen and laundry flood	$1,200.00	Repairs: kitchen and laundry flood
Replace furnishings: dishwasher	$250.00	Replace furnishings: dishwasher
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,049.75
Total payable by Tenant to Landlord	$5,049.75

The landlord’s name is suppressed.

Ricki-Lee Juanita Gardiner must pay [The landlord/s] $5,049.75 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,745.71 Carpet Cleaning$213.60 Repairs: holes in walls and door$600.00 Cleaning$450.00 Rubbish removal$450.00 Replace furnishings: curtains$1,000.00 Replace furnishings: carpets$1,000.00 Repairs: kitchen and laundry flood$1,200.00 Replace furnishings: dishwasher$250.00 Filing fee reimbursement$20.44 Total award$6,929.75 Bond$1,880.00 Total payable by Tenant to Landlord$5,049.75

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

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

The bond has already been repaid to the landlord with the tenant’s consent.

How much is owed for rent?

The tenancy ended on 6 April 2024. The landlord provided rent records 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, 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 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. The carpets were damaged beyond repair by soiling. This damage was caused over a period of time by the tenant’s failure to stop the damage from occurring. The damage is therefore intentional damage. b. There were holes in the two bedrooms’ walls and one door. The landlord’s advised that they were caused by the tenant’s son punching them. These are intentional damage. c. There was damage caused to kitchen cabinetry and laundry cabinetry due to a flood event. There was also damage to kitchen cabinet hinges. This is careless damage. d. Curtains in the lounge and conservatory were irreparably damaged by mould, mildew and staining after the landlord had warned the tenant to take steps to stop the damage. Because of the landlord’s warnings, this is intentional damage. e. The dishwasher was damaged beyond repair and required replacement. This is careless 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. I have awarded sums for the curtains, carpet and dishwasher that reflect that, while these items were towards the end of their useful life, they remained serviceable and would not have required replacement but for the actions of the tenant.

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

Claims and awards in Tenancy Tribunal application 4793971 — net $5,049.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,745.71	Rent arrears
Carpet Cleaning	$213.60	Carpet Cleaning
Repairs: holes in walls and door	$600.00	Repairs: holes in walls and door
Cleaning	$450.00	Cleaning
Rubbish removal	$450.00	Rubbish removal
Replace furnishings: curtains	$1,000.00	Replace furnishings: curtains
Replace furnishings: carpets	$1,000.00	Replace furnishings: carpets
Repairs: kitchen and laundry flood	$1,200.00	Repairs: kitchen and laundry flood
Replace furnishings: dishwasher	$250.00	Replace furnishings: dishwasher
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,049.75
Total payable by Tenant to Landlord	$5,049.75

Order

The landlord’s name is suppressed.
Ricki-Lee Juanita Gardiner must pay [The landlord/s] $5,049.75 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears$1,745.71 Carpet Cleaning$213.60 Repairs: holes in walls and door$600.00 Cleaning$450.00 Rubbish removal$450.00 Replace furnishings: curtains$1,000.00 Replace furnishings: carpets$1,000.00 Repairs: kitchen and laundry flood$1,200.00 Replace furnishings: dishwasher$250.00 Filing fee reimbursement$20.44 Total award$6,929.75 Bond$1,880.00 Total payable by Tenant to Landlord$5,049.75

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The bond has already been repaid to the landlord with the tenant’s consent.

How much is owed for rent?

The tenancy ended on 6 April 2024. The landlord provided rent records 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, 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 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. The carpets were damaged beyond repair by soiling. This damage was caused over a period of time by the tenant’s failure to stop the damage from occurring. The damage is therefore intentional damage. b. There were holes in the two bedrooms’ walls and one door. The landlord’s advised that they were caused by the tenant’s son punching them. These are intentional damage. c. There was damage caused to kitchen cabinetry and laundry cabinetry due to a flood event. There was also damage to kitchen cabinet hinges. This is careless damage. d. Curtains in the lounge and conservatory were irreparably damaged by mould, mildew and staining after the landlord had warned the tenant to take steps to stop the damage. Because of the landlord’s warnings, this is intentional damage. e. The dishwasher was damaged beyond repair and required replacement. This is careless 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. I have awarded sums for the curtains, carpet and dishwasher that reflect that, while these items were towards the end of their useful life, they remained serviceable and would not have required replacement but for the actions of the tenant.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4793971 — Property damage at 50A Harris Street, Marton, Marton 4710

At a glance

Tenancy Tribunal case 4793971 — Property damage at 50A Harris Street, Marton, Marton 4710

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