What was Tenancy Tribunal case 4842525 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $2,965.78 immediately, calculated as

How much money was awarded in case 4842525?

Cleaning: $718.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $190.30 awarded to landlord; Property Damage: $280.43 awarded to landlord; Rent Credit: $176.14 awarded to tenant; Holes & Door Stop: $649.00 awarded to landlord; Remove Padlock: $65.00 awarded to landlord; Rubbish Removal: $1,478.00 awarded to landlord

What type of tenancy dispute was case 4842525?

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

Where can I read the official tribunal order for case 4842525?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10578159-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4842525 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $2,965.78 immediately, calculated as

How much money was awarded in case 4842525?

Cleaning: $718.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $190.30 awarded to landlord; Property Damage: $280.43 awarded to landlord; Rent Credit: $176.14 awarded to tenant; Holes & Door Stop: $649.00 awarded to landlord; Remove Padlock: $65.00 awarded to landlord; Rubbish Removal: $1,478.00 awarded to landlord

What type of tenancy dispute was case 4842525?

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

Where can I read the official tribunal order for case 4842525?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10578159-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4842525 — Property damage

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New Zealand Tenancy Tribunal Case 4842525 — 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 4842525 — net $2,965.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: remove padlock	$65.00		Repairs: remove padlock
Belonging & rubbish removal	$1,478.00		Belonging & rubbish removal
Cleaning	$718.75		Cleaning
Repairs: holes & door stop	$649.00		Repairs: holes & door stop
Lock/key replacement: 16/08/23	$190.30		Lock/key replacement: 16/08/23
Filing fee reimbursement	$20.44		Filing fee reimbursement
Lock/key replacement: at end	$280.43		Lock/key replacement: at end
Rent credit		$176.14	Rent credit
Total award	$3,401.92	$176.14
Net award	$2,965.78
Total payable by Tenant to Landlord	$2,965.78

Claims and awards for application 4842525 — net $2,965.78 NZD. Verify on MoJ.

Repairs: remove padlock

Amount: $65.00
Awarded to: Landlord
Reason: Repairs: remove padlock

Belonging & rubbish removal

Amount: $1,478.00
Awarded to: Landlord
Reason: Belonging & rubbish removal

Cleaning

Amount: $718.75
Awarded to: Landlord
Reason: Cleaning

Repairs: holes & door stop

Amount: $649.00
Awarded to: Landlord
Reason: Repairs: holes & door stop

Lock/key replacement: 16/08/23

Amount: $190.30
Awarded to: Landlord
Reason: Lock/key replacement: 16/08/23

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] must pay [The landlord/s] $2,965.78 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $260.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There was no appearance for [The tenant/s] despite me standing the hearing down for a short time in case he was running late.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. They applied more than two months after the end of the tenancy, therefore have applied for substituted service.
When [The tenant/s] vacated the tenancy, he went to stay with his mother. He gave approval for the landlord to communicate with her directly and to use her email address and postal address to contact him. This application has been served on him via her and all notifications sent to him via her.
As [The tenant/s] has communicated directly with the landlord from his mother’s email address, I am satisfied that it is just to approve substituted service pursuant to section 91B(2)(b) of the Residential Tenancies Act 1986 (RTA). Or put another way, I am satisfied on the landlord’s evidence that [The tenant/s] was made aware of these proceedings.

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) RTA.
The landlord has established in evidence that [The tenant/s] did not leave the premises reasonably clean and tidy and did not remove all belongings or rubbish.
Further, [The tenant/s] did not return all keys and someone else had been using the property after the tenancy before the locks were changed. There was therefore a live concern that another person had a copy of the key.
There was also a lock change that had occurred during the tenancy when [The tenant/s] had been pressured to provide the key to another person and then needed the locks changed. He had agreed to pay this however had not. Accordingly, it is appropriate that this cost be included now.
Having considered the evidence carefully, I am satisfied that the amounts ordered are proven in evidence and considered just in the circumstances. The amounts are high however the property was left in considerable disarray with medical supplies left which required careful handling. The cleaning cost was only part of the cost incurred by the landlord to clean the property.

Is the tenant responsible for the damage to the premises?

The was a large hole in the wall and a missing door stop at the end of the tenancy the landlord seeks compensation to remediate.
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.
I am satisfied that the landlord has established that the damage occurred during the tenancy and was intentionally undertaken by [The tenant/s]. This was the second hole he had created, the first having been repaired by the landlord at no cost to him. The landlord provided the trade with the paint in an effort to keep costs low. Accordingly, [The tenant/s] is liable for the repairs.
The amount ordered is proven and considered reasonable in the circumstances.
It is appropriate that [The tenant/s] rent credit and the bond are taken into account in the accounting of the final amount owed.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Section 95A of the RTA requires the Tribunal to supress a party’s name or identifying details if that party was “wholly or substantially” successful and allows discretion if in the public interest. The landlord was successful therefore their details are to be suppressed. I am satisfied on the landlord’s submission that [The tenant/s] details should also be suppressed. I understand he has some particular health vulnerabilities and there were some dangers presented to him during this tenancy by gangs.

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 4842525 — net $2,965.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: remove padlock	$65.00		Repairs: remove padlock
Belonging & rubbish removal	$1,478.00		Belonging & rubbish removal
Cleaning	$718.75		Cleaning
Repairs: holes & door stop	$649.00		Repairs: holes & door stop
Lock/key replacement: 16/08/23	$190.30		Lock/key replacement: 16/08/23
Filing fee reimbursement	$20.44		Filing fee reimbursement
Lock/key replacement: at end	$280.43		Lock/key replacement: at end
Rent credit		$176.14	Rent credit
Total award	$3,401.92	$176.14
Net award	$2,965.78
Total payable by Tenant to Landlord	$2,965.78

Claims and awards for application 4842525 — net $2,965.78 NZD. Verify on MoJ.

Repairs: remove padlock

Amount: $65.00
Awarded to: Landlord
Reason: Repairs: remove padlock

Belonging & rubbish removal

Amount: $1,478.00
Awarded to: Landlord
Reason: Belonging & rubbish removal

Cleaning

Amount: $718.75
Awarded to: Landlord
Reason: Cleaning

Repairs: holes & door stop

Amount: $649.00
Awarded to: Landlord
Reason: Repairs: holes & door stop

Lock/key replacement: 16/08/23

Amount: $190.30
Awarded to: Landlord
Reason: Lock/key replacement: 16/08/23

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] must pay [The landlord/s] $2,965.78 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $260.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. There was no appearance for [The tenant/s] despite me standing the hearing down for a short time in case he was running late.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. They applied more than two months after the end of the tenancy, therefore have applied for substituted service.
When [The tenant/s] vacated the tenancy, he went to stay with his mother. He gave approval for the landlord to communicate with her directly and to use her email address and postal address to contact him. This application has been served on him via her and all notifications sent to him via her.
As [The tenant/s] has communicated directly with the landlord from his mother’s email address, I am satisfied that it is just to approve substituted service pursuant to section 91B(2)(b) of the Residential Tenancies Act 1986 (RTA). Or put another way, I am satisfied on the landlord’s evidence that [The tenant/s] was made aware of these proceedings.

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) RTA.
The landlord has established in evidence that [The tenant/s] did not leave the premises reasonably clean and tidy and did not remove all belongings or rubbish.
Further, [The tenant/s] did not return all keys and someone else had been using the property after the tenancy before the locks were changed. There was therefore a live concern that another person had a copy of the key.
There was also a lock change that had occurred during the tenancy when [The tenant/s] had been pressured to provide the key to another person and then needed the locks changed. He had agreed to pay this however had not. Accordingly, it is appropriate that this cost be included now.
Having considered the evidence carefully, I am satisfied that the amounts ordered are proven in evidence and considered just in the circumstances. The amounts are high however the property was left in considerable disarray with medical supplies left which required careful handling. The cleaning cost was only part of the cost incurred by the landlord to clean the property.

Is the tenant responsible for the damage to the premises?

The was a large hole in the wall and a missing door stop at the end of the tenancy the landlord seeks compensation to remediate.
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.
I am satisfied that the landlord has established that the damage occurred during the tenancy and was intentionally undertaken by [The tenant/s]. This was the second hole he had created, the first having been repaired by the landlord at no cost to him. The landlord provided the trade with the paint in an effort to keep costs low. Accordingly, [The tenant/s] is liable for the repairs.
The amount ordered is proven and considered reasonable in the circumstances.
It is appropriate that [The tenant/s] rent credit and the bond are taken into account in the accounting of the final amount owed.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Section 95A of the RTA requires the Tribunal to supress a party’s name or identifying details if that party was “wholly or substantially” successful and allows discretion if in the public interest. The landlord was successful therefore their details are to be suppressed. I am satisfied on the landlord’s submission that [The tenant/s] details should also be suppressed. I understand he has some particular health vulnerabilities and there were some dangers presented to him during this tenancy by gangs.

Tenancy Tribunal case 4842525 — Property damage

At a glance

Tenancy Tribunal case 4842525 — 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