What was Tenancy Tribunal case 4836804 about?

The tribunal order states: Rosa Sua must pay [The landlord/s] $868.88 immediately, calculated as shown

How much money was awarded in case 4836804?

Admin Break Lease Fee: $65.00 awarded to landlord; Cleaning: $184.00 awarded to landlord; Cleaning: $402.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Property Damage: $976.29 awarded to landlord; Replace furnishings: window latches…: $730.25 awarded to landlord; Water Rates: $430.40 awarded to landlord

What type of tenancy dispute was case 4836804?

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

Where can I read the official tribunal order for case 4836804?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10467657-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4836804 about?

The tribunal order states: Rosa Sua must pay [The landlord/s] $868.88 immediately, calculated as shown

How much money was awarded in case 4836804?

Admin Break Lease Fee: $65.00 awarded to landlord; Cleaning: $184.00 awarded to landlord; Cleaning: $402.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Property Damage: $976.29 awarded to landlord; Replace furnishings: window latches…: $730.25 awarded to landlord; Water Rates: $430.40 awarded to landlord

What type of tenancy dispute was case 4836804?

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

Where can I read the official tribunal order for case 4836804?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10467657-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4836804 — Property damage

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New Zealand Tenancy Tribunal Case 4836804 — 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 4836804 — net $868.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Admin break lease fee	$65.00	Admin break lease fee
Lawns and Garden work	$300.00	Lawns and Garden work
Cleaning	$402.50	Cleaning
Carpet Cleaning	$184.00	Carpet Cleaning
Replace furnishings: window latches x 4, sliding door locks & outdoor step	$730.25	Replace furnishings: window latches x 4, sliding door locks & outdoor step
Repairs: Damaged toilet and missing hose tap	$976.29	Repairs: Damaged toilet and missing hose tap
Water rates	$430.40	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$868.88
Total payable by Tenant to Landlord	$868.88

Claims and awards for application 4836804 — net $868.88 NZD. Verify on MoJ.

Admin break lease fee

Amount: $65.00
Awarded to: Landlord
Reason: Admin break lease fee

Lawns and Garden work

Amount: $300.00
Awarded to: Landlord
Reason: Lawns and Garden work

Cleaning

Amount: $402.50
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $184.00
Awarded to: Landlord
Reason: Carpet Cleaning

Replace furnishings: window latches x 4, sliding door locks & outdoor step

Amount: $730.25
Awarded to: Landlord
Reason: Replace furnishings: window latches x 4, sliding door locks & outdoor step

Dismissed claims

Property Damage

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Water Rates

Order

Rosa Sua must pay [The landlord/s] $868.88 immediately, calculated as shown in table below.
The Bond centre shall pay the Landlord $2,240.00 immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 1 March 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy being $430.40.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpet required cleaning of liquid stains and removal of pet urine stains. It appeared as if no cleaning had been attempted. There was rubbish inside and outside of the property which included bags of clothing, television, broken chairs and a television cabinet. The lawns required mowing. Photographs were provided of the outgoing inspection report and invoices for the cleaning and garden work.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: carpet staining, toilet bowl crack, missing exterior hose tap handle, four window latches and two lock replacements on the back ranch slider, broken exterior step.
Carpet- The Landlord claimed insurance excess to replace the carpet in the entire property due to staining. Upon perusal of the exit inspection photographs, there was one bedroom that had two visible red carpet stains however the size was not extensive enough to justify replacing the whole carpet. There were also no photographs of staining in the other bedroom or lounge. I note the entry inspection report referred to carpet stains throughout the property and there were two visible red stains present in the entry inspection photographs.
Because the stains at the end of the tenancy were not large enough to justify replacing the entire carpet and the entry inspection report noted there were stains throughout the house, the claim for carpet replacement is dismissed.
In terms of the other damages to the toilet, hose, window latches and lock replacements and exterior steps, photographs of the ingoing and outgoing inspection reports and invoices to substantiate the cost to repair were provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The Landlord also claimed $65.00 for the administrative costs to arrange the early termination of the lease. The amount ordered is proved.
As the Landlord has been substantially successful, name suppression is granted to the Landlord and the Tenant shall reimburse 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 4836804 — net $868.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Admin break lease fee	$65.00	Admin break lease fee
Lawns and Garden work	$300.00	Lawns and Garden work
Cleaning	$402.50	Cleaning
Carpet Cleaning	$184.00	Carpet Cleaning
Replace furnishings: window latches x 4, sliding door locks & outdoor step	$730.25	Replace furnishings: window latches x 4, sliding door locks & outdoor step
Repairs: Damaged toilet and missing hose tap	$976.29	Repairs: Damaged toilet and missing hose tap
Water rates	$430.40	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$868.88
Total payable by Tenant to Landlord	$868.88

Claims and awards for application 4836804 — net $868.88 NZD. Verify on MoJ.

Admin break lease fee

Amount: $65.00
Awarded to: Landlord
Reason: Admin break lease fee

Lawns and Garden work

Amount: $300.00
Awarded to: Landlord
Reason: Lawns and Garden work

Cleaning

Amount: $402.50
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $184.00
Awarded to: Landlord
Reason: Carpet Cleaning

Replace furnishings: window latches x 4, sliding door locks & outdoor step

Amount: $730.25
Awarded to: Landlord
Reason: Replace furnishings: window latches x 4, sliding door locks & outdoor step

Dismissed claims

Property Damage

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Water Rates

Order

Rosa Sua must pay [The landlord/s] $868.88 immediately, calculated as shown in table below.
The Bond centre shall pay the Landlord $2,240.00 immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 1 March 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy being $430.40.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpet required cleaning of liquid stains and removal of pet urine stains. It appeared as if no cleaning had been attempted. There was rubbish inside and outside of the property which included bags of clothing, television, broken chairs and a television cabinet. The lawns required mowing. Photographs were provided of the outgoing inspection report and invoices for the cleaning and garden work.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: carpet staining, toilet bowl crack, missing exterior hose tap handle, four window latches and two lock replacements on the back ranch slider, broken exterior step.
Carpet- The Landlord claimed insurance excess to replace the carpet in the entire property due to staining. Upon perusal of the exit inspection photographs, there was one bedroom that had two visible red carpet stains however the size was not extensive enough to justify replacing the whole carpet. There were also no photographs of staining in the other bedroom or lounge. I note the entry inspection report referred to carpet stains throughout the property and there were two visible red stains present in the entry inspection photographs.
Because the stains at the end of the tenancy were not large enough to justify replacing the entire carpet and the entry inspection report noted there were stains throughout the house, the claim for carpet replacement is dismissed.
In terms of the other damages to the toilet, hose, window latches and lock replacements and exterior steps, photographs of the ingoing and outgoing inspection reports and invoices to substantiate the cost to repair were provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The Landlord also claimed $65.00 for the administrative costs to arrange the early termination of the lease. The amount ordered is proved.
As the Landlord has been substantially successful, name suppression is granted to the Landlord and the Tenant shall reimburse the filing fee.

Tenancy Tribunal case 4836804 — Property damage

At a glance

Tenancy Tribunal case 4836804 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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