What was Tenancy Tribunal case 4795640 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $591.19 from the bond, calculated as

How much money was awarded in case 4795640?

Cleaning: $384.19 awarded to landlord; Property Damage: $207.00 awarded to landlord

What type of tenancy dispute was case 4795640?

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

Where can I read the official tribunal order for case 4795640?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10419508-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4795640 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $591.19 from the bond, calculated as

How much money was awarded in case 4795640?

Cleaning: $384.19 awarded to landlord; Property Damage: $207.00 awarded to landlord

What type of tenancy dispute was case 4795640?

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

Where can I read the official tribunal order for case 4795640?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10419508-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4795640 — Cleanliness

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New Zealand Tenancy Tribunal Case 4795640 — Cleanliness | 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 4795640 — net $591.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning and assessment	$384.19	Carpet Cleaning and assessment
Electrical fittings replacement/repair	$207.00	Electrical fittings replacement/repair
Net award	$591.19
Bond	$2,160.00
Total payable by Tenant to Landlord	$591.19

Claims and awards for application 4795640 — net $591.19 NZD. Verify on MoJ.

Carpet Cleaning and assessment

Amount: $384.19
Awarded to: Landlord
Reason: Carpet Cleaning and assessment

Electrical fittings replacement/repair

Amount: $207.00
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Net award

Landlord $591.19

Bond

Landlord $2,160.00

Total payable by Tenant to Landlord

Landlord $591.19

Claim types — money lines allowed on this order

Carpet Cleaning Property damage

Order

[The tenant/s] to pay [The landlord/s] $591.19 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,160.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $591.19 [The tenant/s]: $1,568.81

Reasons

All parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant cross applied for refund of their bond.
Prior to the hearing the landlord withdrew the claim for the insurance excess for replacement of the carpet.
The parties attended mediation on 10/3/2024 and the tenant agreed to the costs for the carpet cleaning and assessment.
At this hearing the tenant further agreed to the lower costs claimed for replacement of the damaged electrical plug.

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 landlord sought compensation of $345.00 for repainting of walls damaged by the use of blue tack.
In response the tenant agreed they had used blue tack but had touched up the walls with paint they had sourced by colour matching to as close as possible to the existing colour.
I am satisfied that damage was caused during the tenancy to two bedroom walls above fireplaces.
However, I consider the damage was fair wear and tear, which the tenant attempted to rectify.
The claim for compensation for painting fails.
No filing fees are awarded because both parties have been partly successful, and the fees cancel each other out.
Suppression is granted pursuant to section 95A because I consider it is in the interests of both parties to do so, the parties having partly agreed at mediation.

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 4795640 — net $591.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning and assessment	$384.19	Carpet Cleaning and assessment
Electrical fittings replacement/repair	$207.00	Electrical fittings replacement/repair
Net award	$591.19
Bond	$2,160.00
Total payable by Tenant to Landlord	$591.19

Claims and awards for application 4795640 — net $591.19 NZD. Verify on MoJ.

Carpet Cleaning and assessment

Amount: $384.19
Awarded to: Landlord
Reason: Carpet Cleaning and assessment

Electrical fittings replacement/repair

Amount: $207.00
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Net award

Landlord $591.19

Bond

Landlord $2,160.00

Total payable by Tenant to Landlord

Landlord $591.19

Claim types — money lines allowed on this order

Carpet Cleaning Property damage

Order

[The tenant/s] to pay [The landlord/s] $591.19 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,160.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $591.19 [The tenant/s]: $1,568.81

Reasons

All parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant cross applied for refund of their bond.
Prior to the hearing the landlord withdrew the claim for the insurance excess for replacement of the carpet.
The parties attended mediation on 10/3/2024 and the tenant agreed to the costs for the carpet cleaning and assessment.
At this hearing the tenant further agreed to the lower costs claimed for replacement of the damaged electrical plug.

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 landlord sought compensation of $345.00 for repainting of walls damaged by the use of blue tack.
In response the tenant agreed they had used blue tack but had touched up the walls with paint they had sourced by colour matching to as close as possible to the existing colour.
I am satisfied that damage was caused during the tenancy to two bedroom walls above fireplaces.
However, I consider the damage was fair wear and tear, which the tenant attempted to rectify.
The claim for compensation for painting fails.
No filing fees are awarded because both parties have been partly successful, and the fees cancel each other out.
Suppression is granted pursuant to section 95A because I consider it is in the interests of both parties to do so, the parties having partly agreed at mediation.

Tenancy Tribunal case 4795640 — Cleanliness

At a glance

Tenancy Tribunal case 4795640 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions