How much money was awarded in case 4803338?

Cleaning: $1,098.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $5,000.00 awarded to landlord

What type of tenancy dispute was case 4803338?

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

Where can I read the official tribunal order for case 4803338?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10417171-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4803338?

Cleaning: $1,098.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $5,000.00 awarded to landlord

What type of tenancy dispute was case 4803338?

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

Where can I read the official tribunal order for case 4803338?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10417171-Tribunal_Order_Redacted.pdf.

Unit/Flat 1234, 72 Nelson Street, Auckland Central, Tenancy Tribunal Case 4803338 — Property damage

Q: What was Tenancy Tribunal case 4803338 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4803338 — net $6,118.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: insurance excess	$5,000.00	Repairs: insurance excess
Cleaning	$1,098.25	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,118.69
Total payable by Tenant to Landlord	$6,118.69

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Darcy Andrew Marchant must pay [The landlord/s] $6,118.69 immediately, calculated as shown in table below. DescriptionLandlord Repairs: insurance excess$5,000.00 Cleaning$1,098.25 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$6,118.69

Reasons

Only the landlord attended the hearing. The application was served on the tenant via email, to the same email addressed used by the landlord throughout the tenancy.

The landlord has applied for compensation, refund of the bond, 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.

Having seen the photographs provided, it is clear that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

That amounts ordered at proved.

The landlord alleges that he following chattels were missing at the end of the tenancy: a. Fridge. b. Microwave. c. Vacuum cleaner. d. Ironing board. e. Desk f. Toaster. g. Kettle. h. Dining table. i. Dining chairs. j. Couch. k. Balcony chairs.

I asked the landlord to provide a copy of the chattel list, preferably signed by the tenant, from the start of the tenancy. Despite a significant time being allowed, and two reminders via the registry, I do not have that list.

Accordingly, I am not satisfied that these items were removed by the tenant and the application for compensation is dismissed.

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. 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. 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. Damaged walls. b. Broken internal window. c. Damaged paint. d. Damaged rangehood. e. Broken drawers. f. Damaged doors g. Broken bathroom fittings. h. Damaged wall heater.

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

The landlord has had insurance cover and the amount ordered amounts to the excess. While the excess is higher than 4 weeks rent, having seen the photographs, I consider it more likely than not, that most of the damage was intentional. Accordingly, I consider awarding this full insurance excess is appropriate.

The amounts ordered are proved.

On re-reviewing the full file, I was unsure whether there was damage claimed in addition to the insurance excess. The application itself seeks just the insurance excess. I made enquiries with the landlord, via the Registry and received no response. Accordingly, I have determined this matter in accordance with the application filed.

Because [The landlord/s] has wholly succeeded with the claim, I must order reimbursement of the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4803338 — net $6,118.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: insurance excess	$5,000.00	Repairs: insurance excess
Cleaning	$1,098.25	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,118.69
Total payable by Tenant to Landlord	$6,118.69

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

Reasons

Only the landlord attended the hearing. The application was served on the tenant via email, to the same email addressed used by the landlord throughout the tenancy.

The landlord has applied for compensation, refund of the bond, 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.

Having seen the photographs provided, it is clear that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

That amounts ordered at proved.

Accordingly, I am not satisfied that these items were removed by the tenant and the application for compensation is dismissed.

Is the tenant responsible for the damage to the premises?

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

The amounts ordered are proved.

Because [The landlord/s] has wholly succeeded with the claim, I must order reimbursement of the filing fee.

Tenancy Tribunal case 4803338 — Property damage at Unit/Flat 1234, 72 Nelson Street, Auckland Central,

At a glance

Tenancy Tribunal case 4803338 — Property damage at Unit/Flat 1234, 72 Nelson Street, Auckland Central,

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