What was Tenancy Tribunal case 4897121 about?

The tribunal order states: Sarah-Jane Winslow must pay [The landlord/s] $5,453.46 immediately,

How much money was awarded in case 4897121?

Cleaning: $782.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $149.50 awarded to landlord; Previous Net Order - Application 489…: $1,712.16 awarded to landlord; Property Damage: $299.00 awarded to landlord; Painting: $500.36 awarded to landlord; Rubbish Removal: $1,990.00 awarded to landlord

What type of tenancy dispute was case 4897121?

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

Where can I read the official tribunal order for case 4897121?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10874478-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4897121 about?

The tribunal order states: Sarah-Jane Winslow must pay [The landlord/s] $5,453.46 immediately,

How much money was awarded in case 4897121?

Cleaning: $782.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $149.50 awarded to landlord; Previous Net Order - Application 489…: $1,712.16 awarded to landlord; Property Damage: $299.00 awarded to landlord; Painting: $500.36 awarded to landlord; Rubbish Removal: $1,990.00 awarded to landlord

What type of tenancy dispute was case 4897121?

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

Where can I read the official tribunal order for case 4897121?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10874478-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4897121 — Property damage

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New Zealand Tenancy Tribunal Case 4897121 — 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 4897121 — net $5,453.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous net order - application 4897121 dated 09/08/2024	$1,712.16	Previous net order - application 4897121 dated 09/08/2024
Lock/key replacement	$299.00	Lock/key replacement
Rubbish removal	$1,990.00	Rubbish removal
Lawns and Garden work	$149.50	Lawns and Garden work
Cleaning	$782.00	Cleaning
Repairs: Painting	$500.36	Repairs: Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,453.46
Total payable by Tenant to Landlord	$5,453.46

Claims and awards for application 4897121 — net $5,453.46 NZD. Verify on MoJ.

Previous net order - application 4897121 dated 09/08/2024

Amount: $1,712.16
Awarded to: Landlord
Reason: Previous net order - application 4897121 dated 09/08/2024

Lock/key replacement

Amount: $299.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $1,990.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $149.50
Awarded to: Landlord
Reason: Lawns and Garden work

Cleaning

Amount: $782.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Sarah-Jane Winslow must pay [The landlord/s] $5,453.46 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 9 August 2024 under this application.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video. Telephone calls were made to the tenant at the allocated hearing time on the number provided. All calls went to voicemail. The Tribunal may hear maters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
The matter was part heard on 9 August 2024. Orders were made for rent arrears, water rates, reimbursement of the eviction warrant fee and release of the bond. This resulted in a net award to the landlords after deduction of the bond of $1,712.16. The previous order is incorporated into this order for enforcement purposes.
The hearing was adjourned to allow landlord evidence in relation to compensation claims to be served on the tenant.

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. 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. Photos of the premises taken at the end pf the tenancy showed the premises to be in a very poor state. The amount of rubbish was substantial with areas of rubbish almost reaching the ceiling in the garage. Invoices were provided for rubbish removal and cleaning.
The tenant did not return the keys. An invoice for replacement of the rear and front door locks were provided.
The lawns needed mowing at the end of the tenancy and an invoice was provided.
The amounts ordered are proved.
The landlord claimed compensation for water blasting and tree trimming. This was a tenancy of more than 5 years. The requirement to water blast the exterior of the premises and trim trees is not an obligation that a tenant is required to meet and the claims are dismissed.

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 interior walls were stained and damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord carried out the repainting work and has not charged for labour costs. The landlord has charged for paint and materials and has provided an invoice for $500.36 which is reasonable.
The amounts ordered are proved.
As[The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been substantially successful and suppression of the landlord name and details is ordered.

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 4897121 — net $5,453.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous net order - application 4897121 dated 09/08/2024	$1,712.16	Previous net order - application 4897121 dated 09/08/2024
Lock/key replacement	$299.00	Lock/key replacement
Rubbish removal	$1,990.00	Rubbish removal
Lawns and Garden work	$149.50	Lawns and Garden work
Cleaning	$782.00	Cleaning
Repairs: Painting	$500.36	Repairs: Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,453.46
Total payable by Tenant to Landlord	$5,453.46

Claims and awards for application 4897121 — net $5,453.46 NZD. Verify on MoJ.

Previous net order - application 4897121 dated 09/08/2024

Amount: $1,712.16
Awarded to: Landlord
Reason: Previous net order - application 4897121 dated 09/08/2024

Lock/key replacement

Amount: $299.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $1,990.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $149.50
Awarded to: Landlord
Reason: Lawns and Garden work

Cleaning

Amount: $782.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Sarah-Jane Winslow must pay [The landlord/s] $5,453.46 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 9 August 2024 under this application.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video. Telephone calls were made to the tenant at the allocated hearing time on the number provided. All calls went to voicemail. The Tribunal may hear maters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
The matter was part heard on 9 August 2024. Orders were made for rent arrears, water rates, reimbursement of the eviction warrant fee and release of the bond. This resulted in a net award to the landlords after deduction of the bond of $1,712.16. The previous order is incorporated into this order for enforcement purposes.
The hearing was adjourned to allow landlord evidence in relation to compensation claims to be served on the tenant.

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. 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. Photos of the premises taken at the end pf the tenancy showed the premises to be in a very poor state. The amount of rubbish was substantial with areas of rubbish almost reaching the ceiling in the garage. Invoices were provided for rubbish removal and cleaning.
The tenant did not return the keys. An invoice for replacement of the rear and front door locks were provided.
The lawns needed mowing at the end of the tenancy and an invoice was provided.
The amounts ordered are proved.
The landlord claimed compensation for water blasting and tree trimming. This was a tenancy of more than 5 years. The requirement to water blast the exterior of the premises and trim trees is not an obligation that a tenant is required to meet and the claims are dismissed.

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 interior walls were stained and damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord carried out the repainting work and has not charged for labour costs. The landlord has charged for paint and materials and has provided an invoice for $500.36 which is reasonable.
The amounts ordered are proved.
As[The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been substantially successful and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4897121 — Property damage

At a glance

Tenancy Tribunal case 4897121 — 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