What was Tenancy Tribunal case 4842254 about?

The tribunal order states: Tristan Christopher McNeill to pay [The landlord/s] $268.00 from the bond,

How much money was awarded in case 4842254?

Cleaning: $165.00 awarded to landlord; Property Damage: $103.00 awarded to landlord

What type of tenancy dispute was case 4842254?

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

Where can I read the official tribunal order for case 4842254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10216841-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4842254 about?

The tribunal order states: Tristan Christopher McNeill to pay [The landlord/s] $268.00 from the bond,

How much money was awarded in case 4842254?

Cleaning: $165.00 awarded to landlord; Property Damage: $103.00 awarded to landlord

What type of tenancy dispute was case 4842254?

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

Where can I read the official tribunal order for case 4842254?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10216841-Tribunal_Order_Redacted.pdf.

Room b, Unit/Flat 1, 14 Inverness Avenue, Hamilton East, Tenancy Tribunal Case 4842254 — Cleanliness

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Reasons

Claims and awards in Tenancy Tribunal application 4842254 — net $268.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$165.00	Cleaning
Repairs	$103.00	Repairs
Net award	$268.00
Bond	$268.00
Total payable by Tenant to Landlord	$268.00

The landlord attended the hearing, conducted via teleconference. There was no contact number for the tenant.

This tenancy ended on 18 February 2020. I was satisfied, given the circumstances and efforts made by the landlord to contact the tenant, to dispense with the requirement for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act.

The landlord has applied for compensation for cleaning and damage and refund of the bond. The initial claim was for $415.00 however this has been reduced to $268.00.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

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 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: a replacement door and latch were required due to damage caused by the tenant. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord is seeking a contribution to the replacement cost.

The amounts ordered are proved. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord applied for suppression and, as it has been wholly successful, this is ordered.

Reasons

Claims and awards in Tenancy Tribunal application 4842254 — net $268.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$165.00	Cleaning
Repairs	$103.00	Repairs
Net award	$268.00
Bond	$268.00
Total payable by Tenant to Landlord	$268.00

The landlord attended the hearing, conducted via teleconference. There was no contact number for the tenant.

The landlord has applied for compensation for cleaning and damage and refund of the bond. The initial claim was for $415.00 however this has been reduced to $268.00.

Did the tenant comply with their obligations at the end of the tenancy?

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved. Suppression

The landlord applied for suppression and, as it has been wholly successful, this is ordered.

Tenancy Tribunal case 4842254 — Cleanliness at Room b, Unit/Flat 1, 14 Inverness Avenue, Hamilton East,

At a glance

Tenancy Tribunal case 4842254 — Cleanliness at Room b, Unit/Flat 1, 14 Inverness Avenue, Hamilton East,

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