What was Tenancy Tribunal case 4881380 about?

The tribunal order states: Caitlin Tarr must pay [The landlord/s] $3,858.71 immediately, calculated as

How much money was awarded in case 4881380?

Cleaning: $101.49 awarded to landlord; Cleaning: $820.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Internet Fibre Box Power Cord: $47.90 awarded to landlord; Property Damage: $189.38 awarded to landlord; Repainting Bedroom: $2,478.25 awarded to landlord; Rubbish Removal: $201.25 awarded to landlord

What type of tenancy dispute was case 4881380?

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

Where can I read the official tribunal order for case 4881380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10682604-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4881380 about?

The tribunal order states: Caitlin Tarr must pay [The landlord/s] $3,858.71 immediately, calculated as

How much money was awarded in case 4881380?

Cleaning: $101.49 awarded to landlord; Cleaning: $820.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Internet Fibre Box Power Cord: $47.90 awarded to landlord; Property Damage: $189.38 awarded to landlord; Repainting Bedroom: $2,478.25 awarded to landlord; Rubbish Removal: $201.25 awarded to landlord

What type of tenancy dispute was case 4881380?

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

Where can I read the official tribunal order for case 4881380?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10682604-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4881380 — Property damage

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 4881380 — 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 4881380 — net $3,858.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$101.49	Carpet Cleaning
Cleaning: house, carpet, walls for painting	$820.00	Cleaning: house, carpet, walls for painting
internet fibre box power cord	$47.90	internet fibre box power cord
Window repairs	$189.38	Window repairs
Rubbish removal	$201.25	Rubbish removal
Repairs: repainting bedroom	$2,478.25	Repairs: repainting bedroom
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,858.71
Total payable by Tenant to Landlord	$3,858.71

Claims and awards for application 4881380 — net $3,858.71 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $101.49
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning: house, carpet, walls for painting

Amount: $820.00
Awarded to: Landlord
Reason: Cleaning: house, carpet, walls for painting

internet fibre box power cord

Amount: $47.90
Awarded to: Landlord
Reason: internet fibre box power cord

Window repairs

Amount: $189.38
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $201.25
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Caitlin Tarr must pay [The landlord/s] $3,858.71 immediately, calculated as shown in table below.

Reasons

A representative for the landlord attended the hearing. The tenant did not attend. I continued in her absence as she has been sent notice of the hearing to her email address for service.
The landlord has applied for compensation for costs and loss 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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.
I award the cost to hire a rug doctor and for a contractor to clean the premises, the carpet, and wash down walls ready for repainting (see damage claim below).
The power cord for the internet fibre box was missing and I award the invoiced cost to replace this.

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.
Tenants are liable for the full 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.
The landlord has proved that one window was cracked during the tenancy. The tenant has not disproved liability. I award the invoiced cost to repair.
The landlord has also proved that the paint surface on two interior walls was damaged. An entire wall in one bedroom was painted bright pink. A wall in the lounge was painted with written words and a square of colour. Two doors were damaged by sticky tape residue. These changes were made without the landlord’s consent and are intentional. They count as damage. I award the invoiced cost for a contractor to remedy this.
The landlord has succeeded with the claims so is entitled to the filing fee and to suppression of name, as sought.
No bond was paid. The total is owing by the tenant.

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 4881380 — net $3,858.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$101.49	Carpet Cleaning
Cleaning: house, carpet, walls for painting	$820.00	Cleaning: house, carpet, walls for painting
internet fibre box power cord	$47.90	internet fibre box power cord
Window repairs	$189.38	Window repairs
Rubbish removal	$201.25	Rubbish removal
Repairs: repainting bedroom	$2,478.25	Repairs: repainting bedroom
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,858.71
Total payable by Tenant to Landlord	$3,858.71

Claims and awards for application 4881380 — net $3,858.71 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $101.49
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning: house, carpet, walls for painting

Amount: $820.00
Awarded to: Landlord
Reason: Cleaning: house, carpet, walls for painting

internet fibre box power cord

Amount: $47.90
Awarded to: Landlord
Reason: internet fibre box power cord

Window repairs

Amount: $189.38
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $201.25
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Caitlin Tarr must pay [The landlord/s] $3,858.71 immediately, calculated as shown in table below.

Reasons

A representative for the landlord attended the hearing. The tenant did not attend. I continued in her absence as she has been sent notice of the hearing to her email address for service.
The landlord has applied for compensation for costs and loss 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 did not leave the premises reasonably clean and tidy and did not remove all rubbish.
I award the cost to hire a rug doctor and for a contractor to clean the premises, the carpet, and wash down walls ready for repainting (see damage claim below).
The power cord for the internet fibre box was missing and I award the invoiced cost to replace this.

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.
Tenants are liable for the full 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.
The landlord has proved that one window was cracked during the tenancy. The tenant has not disproved liability. I award the invoiced cost to repair.
The landlord has also proved that the paint surface on two interior walls was damaged. An entire wall in one bedroom was painted bright pink. A wall in the lounge was painted with written words and a square of colour. Two doors were damaged by sticky tape residue. These changes were made without the landlord’s consent and are intentional. They count as damage. I award the invoiced cost for a contractor to remedy this.
The landlord has succeeded with the claims so is entitled to the filing fee and to suppression of name, as sought.
No bond was paid. The total is owing by the tenant.

Tenancy Tribunal case 4881380 — Property damage

At a glance

Tenancy Tribunal case 4881380 — 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