What was Tenancy Tribunal case 4838160 about?

The tribunal order states: Raylene Kitto must pay [The landlord/s] $1,264.99 immediately, calculated as

How much money was awarded in case 4838160?

Cleaning: $212.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $2,750.00 awarded to landlord; Property Damage: $381.80 awarded to landlord

What type of tenancy dispute was case 4838160?

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

Where can I read the official tribunal order for case 4838160?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10505055-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4838160 about?

The tribunal order states: Raylene Kitto must pay [The landlord/s] $1,264.99 immediately, calculated as

How much money was awarded in case 4838160?

Cleaning: $212.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $2,750.00 awarded to landlord; Property Damage: $381.80 awarded to landlord

What type of tenancy dispute was case 4838160?

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

Where can I read the official tribunal order for case 4838160?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10505055-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4838160 — Property damage

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New Zealand Tenancy Tribunal Case 4838160 — 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 4838160 — net $1,264.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess for carpet replacement	$2,750.00	Insurance excess for carpet replacement
Cleaning	$212.75	Cleaning
Repairs & Painting	$381.80	Repairs & Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,264.99
Total payable by Tenant to Landlord	$1,264.99

Claims and awards for application 4838160 — net $1,264.99 NZD. Verify on MoJ.

Insurance excess for carpet replacement

Amount: $2,750.00
Awarded to: Landlord
Reason: Insurance excess for carpet replacement

Cleaning

Amount: $212.75
Awarded to: Landlord
Reason: Cleaning

Repairs & Painting

Amount: $381.80
Awarded to: Landlord
Reason: Repairs & Painting

Filing fee reimbursement

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

Net award

Landlord $1,264.99

Total payable by Tenant to Landlord

Landlord $1,264.99

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Raylene Kitto must pay [The landlord/s] $1,264.99 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,100.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord 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.

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 landlord sought compensation of $212.75 for cleaning and provided an invoice in support of the costs claimed.
I am persuaded that the tenant did not leave the premises reasonably clean and tidy.
The amount sought is reasonable.

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.
The landlord sought compensation as follows: a. $381.80 for repairs and painting of two walls in a bedroom b. $2,750.00 insurance excesses for replacement of carpets in five rooms.
In support of the claim the landlord provided photographas of the carpets, an invoice from the painter and an email about the excesses.
The owner gave evidence about the carpets at the beginning and end of the tenancy.
The landlord submitted that the damage to the carpets was from cat urine.
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.
I am satisfied that damage was caused during the tenancy to two bedroom walls and carpets throughout the premises and that the damage was intentional.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
As [The applicant/s] has wholly succeeded with the claim I must award 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 4838160 — net $1,264.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess for carpet replacement	$2,750.00	Insurance excess for carpet replacement
Cleaning	$212.75	Cleaning
Repairs & Painting	$381.80	Repairs & Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,264.99
Total payable by Tenant to Landlord	$1,264.99

Claims and awards for application 4838160 — net $1,264.99 NZD. Verify on MoJ.

Insurance excess for carpet replacement

Amount: $2,750.00
Awarded to: Landlord
Reason: Insurance excess for carpet replacement

Cleaning

Amount: $212.75
Awarded to: Landlord
Reason: Cleaning

Repairs & Painting

Amount: $381.80
Awarded to: Landlord
Reason: Repairs & Painting

Filing fee reimbursement

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

Net award

Landlord $1,264.99

Total payable by Tenant to Landlord

Landlord $1,264.99

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Raylene Kitto must pay [The landlord/s] $1,264.99 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,100.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord 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.

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 landlord sought compensation of $212.75 for cleaning and provided an invoice in support of the costs claimed.
I am persuaded that the tenant did not leave the premises reasonably clean and tidy.
The amount sought is reasonable.

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.
The landlord sought compensation as follows: a. $381.80 for repairs and painting of two walls in a bedroom b. $2,750.00 insurance excesses for replacement of carpets in five rooms.
In support of the claim the landlord provided photographas of the carpets, an invoice from the painter and an email about the excesses.
The owner gave evidence about the carpets at the beginning and end of the tenancy.
The landlord submitted that the damage to the carpets was from cat urine.
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.
I am satisfied that damage was caused during the tenancy to two bedroom walls and carpets throughout the premises and that the damage was intentional.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
As [The applicant/s] has wholly succeeded with the claim I must award the filing fee.

Tenancy Tribunal case 4838160 — Property damage

At a glance

Tenancy Tribunal case 4838160 — 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