What was Tenancy Tribunal case 4795797 about?

The tribunal order states: Tsharna Hoeta must pay [The landlord/s] $7,920.44 immediately, calculated as

How much money was awarded in case 4795797?

Filing Fee: $20.44 awarded to landlord; Property Damage: $4,400.00 awarded to landlord; Replace Bathroom Vanity: $400.00 awarded to landlord; Replace Carpet In Entrance And Loung…: $400.00 awarded to landlord; Replace furnishings: new door and ha…: $400.00 awarded to landlord; Rubbish Removal: $2,300.00 awarded to landlord

What type of tenancy dispute was case 4795797?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4795797?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10426924-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4795797 about?

The tribunal order states: Tsharna Hoeta must pay [The landlord/s] $7,920.44 immediately, calculated as

How much money was awarded in case 4795797?

Filing Fee: $20.44 awarded to landlord; Property Damage: $4,400.00 awarded to landlord; Replace Bathroom Vanity: $400.00 awarded to landlord; Replace Carpet In Entrance And Loung…: $400.00 awarded to landlord; Replace furnishings: new door and ha…: $400.00 awarded to landlord; Rubbish Removal: $2,300.00 awarded to landlord

What type of tenancy dispute was case 4795797?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4795797?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10426924-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4795797 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4795797 — net $7,920.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace bathroom vanity	$400.00	Replace bathroom vanity
Replace carpet in entrance and lounge	$400.00	Replace carpet in entrance and lounge
Repairs to walls and ceiling	$4,400.00	Repairs to walls and ceiling
Replace furnishings: new door and handle	$400.00	Replace furnishings: new door and handle
Locks, cleaning, carpet cleaning, rubbish removal	$2,300.00	Locks, cleaning, carpet cleaning, rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,920.44
Total payable by Tenant to Landlord	$7,920.44

The landlord attended the hearing.

The landlord has applied for compensation and reimbursement of the filing fee following 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 landlord’s photographs taken on 12 June 2023 show cleaning was needed to the carpets, both bathrooms, kitchen surfaces, and the oven. The cleaning costs claimed ($780.00 plus GST) which include carpet cleaning, are reasonable.

The tenant left various large items of hard rubbish behind, including a metal barbecue and heavy wooden drawers. I award rubbish removal costs of $595.00 plus GST. (Insurers paid $500.00 for the cost of removing damaged carpet and a damaged vanity).

The tenant did not return the keys or the garage remotes. The locks had to be changed to make the premises secure ($475.00 plus GST).

The powerpack for the fibre box was missing and had to be replaced ($150.00 plus GST).

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 4 weeks' rent. The weekly rent was $720.00, and the insurance excess was $400.00.

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.

The photographs taken on 12 June 2023 show extensive damage to the walls and a ceiling. Apparently, insurers applied the excess on a wall-by-wall basis. Eleven walls were damaged. The total repair cost assessed by insurers was $9,890.00. The tenant is liable for the excess for each wall (11 x $400 = $4,400.00).

The carpets in the entrance and lounge were badly stained. Although some staining is visible on the carpets in the ingoing inspection report dated 26 May 2022, the stains are noticeably worse in the exit report. The carpet cleaning did not remove the stains and the carpet in these areas had to be replaced for $3,400.00. I award the insurance excess of $400.00.

The downstairs bathroom vanity was badly cracked and had to be replaced at a cost of $895.00. The insurance excess of $400.00 is awarded.

An internal door was damaged and had to be replaced at a cost of $480.00. The insurance excess of $400.00 is awarded.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee and name suppression

The landlord’s application has been successful. I award the filing fee and grant suppression as requested.

Claims and awards in Tenancy Tribunal application 4795797 — net $7,920.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace bathroom vanity	$400.00	Replace bathroom vanity
Replace carpet in entrance and lounge	$400.00	Replace carpet in entrance and lounge
Repairs to walls and ceiling	$4,400.00	Repairs to walls and ceiling
Replace furnishings: new door and handle	$400.00	Replace furnishings: new door and handle
Locks, cleaning, carpet cleaning, rubbish removal	$2,300.00	Locks, cleaning, carpet cleaning, rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,920.44
Total payable by Tenant to Landlord	$7,920.44

Order

Tsharna Hoeta must pay [The landlord/s] $7,920.44 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following 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 landlord’s photographs taken on 12 June 2023 show cleaning was needed to the carpets, both bathrooms, kitchen surfaces, and the oven. The cleaning costs claimed ($780.00 plus GST) which include carpet cleaning, are reasonable.
The tenant left various large items of hard rubbish behind, including a metal barbecue and heavy wooden drawers. I award rubbish removal costs of $595.00 plus GST. (Insurers paid $500.00 for the cost of removing damaged carpet and a damaged vanity).
The tenant did not return the keys or the garage remotes. The locks had to be changed to make the premises secure ($475.00 plus GST).
The powerpack for the fibre box was missing and had to be replaced ($150.00 plus GST).

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 4 weeks' rent. The weekly rent was $720.00, and the insurance excess was $400.00.
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.
The photographs taken on 12 June 2023 show extensive damage to the walls and a ceiling. Apparently, insurers applied the excess on a wall-by-wall basis. Eleven walls were damaged. The total repair cost assessed by insurers was $9,890.00. The tenant is liable for the excess for each wall (11 x $400 = $4,400.00).
The carpets in the entrance and lounge were badly stained. Although some staining is visible on the carpets in the ingoing inspection report dated 26 May 2022, the stains are noticeably worse in the exit report. The carpet cleaning did not remove the stains and the carpet in these areas had to be replaced for $3,400.00. I award the insurance excess of $400.00.
The downstairs bathroom vanity was badly cracked and had to be replaced at a cost of $895.00. The insurance excess of $400.00 is awarded.
An internal door was damaged and had to be replaced at a cost of $480.00. The insurance excess of $400.00 is awarded.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee and name suppression
The landlord’s application has been successful. I award the filing fee and grant suppression as requested.

Tenancy Tribunal case 4795797 — Property damage

At a glance

Tenancy Tribunal case 4795797 — 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

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

Key findings

Frequently asked questions