What was Tenancy Tribunal case 4811517 about?

The tribunal order states: Waimarie Hakaraia must pay [The landlord/s] $96.89 immediately, calculated as

How much money was awarded in case 4811517?

Cleaning: $410.83 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $106.90 awarded to landlord; Property Damage: $1,158.72 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 4811517?

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

Where can I read the official tribunal order for case 4811517?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10417154-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4811517 about?

The tribunal order states: Waimarie Hakaraia must pay [The landlord/s] $96.89 immediately, calculated as

How much money was awarded in case 4811517?

Cleaning: $410.83 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $106.90 awarded to landlord; Property Damage: $1,158.72 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 4811517?

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

Where can I read the official tribunal order for case 4811517?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10417154-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4811517 — Property damage

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New Zealand Tenancy Tribunal Case 4811517 — 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 4811517 — net $96.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$410.83	Cleaning
Rubbish removal	$200.00	Rubbish removal
Lawns and Garden work	$106.90	Lawns and Garden work
Repairs	$1,158.72	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$96.89
Total payable by Tenant to Landlord	$96.89

Claims and awards for application 4811517 — net $96.89 NZD. Verify on MoJ.

Cleaning

Amount: $410.83
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $106.90
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs

Amount: $1,158.72
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Waimarie Hakaraia must pay [The landlord/s] $96.89 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord applied and was allowed to attend the hearing by phone. There was no appearance for the tenant.
In an order dated 1 May 2024 the Tribunal had directed the landlord to provide further evidence that the tenant’s email address was still current, given the landlord’s application had been filed more than two months after the tenancy had ended. (See section 91A Residential Tenancies Act 1986)
The landlord produced a copy of an email from “Accounts Receivable” at the agency sent to the tenant’s address with the subject entry, “Hi there – Bond refund”. A reply had come back with “Hi”.
I am satisfied that the tenant has been notified of the landlord’s application via that email address.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The claims total over $2,000 but the landlord is simply seeking the refund of bond.

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 and remove all rubbish.
The tenant had made some effort to tidy the property and had organised a skip, but not all items had been placed in it. There was still some work to do. Some cleaning had been done, but more was required, including the oven.
The landlord submitted an invoice for rubbish removal for $647.86, but sought only a contribution of that cost. There was also an invoice for $106.90 for a section tidy and $410.83 for cleaning. I have ordered $200 for rubbish removal and the other amounts are ordered based on the invoices submitted.
There was another invoice for $87.08 for replacement of three plugs which included a plumbers call out fee. I declined to order payment of that because the tenant should not have to pay for unnecessary time and labour. A receipt for cost of replacement plugs would have been considered.

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 provided photos from the start and end of the tenancy, showing that at the end of the tenancy, there were two holes in the walls, a broken drawer and the curtains needed rehanging.
The landlord submitted a revised invoice for those matters, totalling $1,158,72.
The amounts ordered are proved.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing 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 4811517 — net $96.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$410.83	Cleaning
Rubbish removal	$200.00	Rubbish removal
Lawns and Garden work	$106.90	Lawns and Garden work
Repairs	$1,158.72	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$96.89
Total payable by Tenant to Landlord	$96.89

Claims and awards for application 4811517 — net $96.89 NZD. Verify on MoJ.

Cleaning

Amount: $410.83
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $106.90
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs

Amount: $1,158.72
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Waimarie Hakaraia must pay [The landlord/s] $96.89 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord applied and was allowed to attend the hearing by phone. There was no appearance for the tenant.
In an order dated 1 May 2024 the Tribunal had directed the landlord to provide further evidence that the tenant’s email address was still current, given the landlord’s application had been filed more than two months after the tenancy had ended. (See section 91A Residential Tenancies Act 1986)
The landlord produced a copy of an email from “Accounts Receivable” at the agency sent to the tenant’s address with the subject entry, “Hi there – Bond refund”. A reply had come back with “Hi”.
I am satisfied that the tenant has been notified of the landlord’s application via that email address.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The claims total over $2,000 but the landlord is simply seeking the refund of bond.

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 and remove all rubbish.
The tenant had made some effort to tidy the property and had organised a skip, but not all items had been placed in it. There was still some work to do. Some cleaning had been done, but more was required, including the oven.
The landlord submitted an invoice for rubbish removal for $647.86, but sought only a contribution of that cost. There was also an invoice for $106.90 for a section tidy and $410.83 for cleaning. I have ordered $200 for rubbish removal and the other amounts are ordered based on the invoices submitted.
There was another invoice for $87.08 for replacement of three plugs which included a plumbers call out fee. I declined to order payment of that because the tenant should not have to pay for unnecessary time and labour. A receipt for cost of replacement plugs would have been considered.

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 provided photos from the start and end of the tenancy, showing that at the end of the tenancy, there were two holes in the walls, a broken drawer and the curtains needed rehanging.
The landlord submitted a revised invoice for those matters, totalling $1,158,72.
The amounts ordered are proved.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4811517 — Property damage

At a glance

Tenancy Tribunal case 4811517 — 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