What was Tenancy Tribunal case 4897160 about?

The tribunal order states: Cheniqua Moke must pay [The landlord/s] $4,094.39 immediately, calculated as

How much money was awarded in case 4897160?

Cleaning: $152.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4838541 D…: $2,671.87 awarded to landlord; Property Damage: $239.03 awarded to landlord; Rubbish Removal: $403.01 awarded to landlord; Walls and Doors: $608.04 awarded to landlord

What type of tenancy dispute was case 4897160?

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

Where can I read the official tribunal order for case 4897160?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10812071-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4897160 about?

The tribunal order states: Cheniqua Moke must pay [The landlord/s] $4,094.39 immediately, calculated as

How much money was awarded in case 4897160?

Cleaning: $152.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4838541 D…: $2,671.87 awarded to landlord; Property Damage: $239.03 awarded to landlord; Rubbish Removal: $403.01 awarded to landlord; Walls and Doors: $608.04 awarded to landlord

What type of tenancy dispute was case 4897160?

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

Where can I read the official tribunal order for case 4897160?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10812071-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4897160 — Property damage

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New Zealand Tenancy Tribunal Case 4897160 — 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 4897160 — net $4,094.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4838541 dated 26/04/2024	$2,671.87	Previous order application 4838541 dated 26/04/2024
Carpet Cleaning	$152.00	Carpet Cleaning
Lock/key replacement	$239.03	Lock/key replacement
Rubbish removal	$403.01	Rubbish removal
Repairs to walls and doors	$608.04	Repairs to walls and doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,094.39
Total payable by Tenant to Landlord	$4,094.39

Claims and awards for application 4897160 — net $4,094.39 NZD. Verify on MoJ.

Previous order application 4838541 dated 26/04/2024

Amount: $2,671.87
Awarded to: Landlord
Reason: Previous order application 4838541 dated 26/04/2024

Carpet Cleaning

Amount: $152.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lock/key replacement

Amount: $239.03
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $403.01
Awarded to: Landlord
Reason: Rubbish removal

Repairs to walls and doors

Amount: $608.04
Awarded to: Landlord
Reason: Repairs to walls and doors

Dismissed claims

Lawn Mowing, And It — Is the tenant responsible for the damage to the premises?

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Cheniqua Moke must pay [The landlord/s] $4,094.39 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 29 April 2024 under application NZTT 4838541.

Reasons

The landlord appeared. There was no appearance by the tenant.
The tenancy commenced on 10 November 2022. On 26 April 2024, the Tribunal terminated the tenancy for rent arrears, effective 05 May 2024.
On 26 May 2024, the landlord filed a claim alleging that the tenant: i. Is liable for damage to the property more than fair wear and tear, ii. Failed to return the keys, iii. Failed to remove all rubbish, iv. Failed to leave the carpet reasonably clean, v. Failed to leave the lawns in a reasonably tidy condition.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”).

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) of the Act.
The property was built in the 1980’s and consists of four bedrooms, bathroom / toilet, a kitchen, a dining / lounge, and a laundry. The landlord produced photographs showing the inside of the property taken at an inspection on 28 February 2023, approximately two months after the commencement of the tenancy. The landlord has also produced photographs showing the inside of the property at the end of the tenancy taken on 05 May 2024.
The photographs taken on 05 May 2024 show soiling to the carpet throughout the property, as well as household rubbish and other items left behind, such as a mattress, a table, and a bed frame. The keys provided to the tenant for the front door, ranchslider, and rear door were not returned. After considering the evidence, I am satisfied that the tenant has failed to remove all rubbish, failed to leave the carpet reasonably clean, and did not return the keys.
The landlord is claiming $403.01 to remove rubbish, which includes labour and disposal, $152.00 for carpet cleaning, and $239.03 to change the locks. The amounts claimed are reasonable and awarded in full.
here are no photographs of the lawn. There is insufficient evidence to support the claim for lawn mowing, and it is dismissed.

Is the tenant responsible for the damage to the premises?

The landlord claims the tenant is liable for damage to the bedroom, hallway and lounge walls, net and thermal curtains, a window latch in the bathroom, and vinyl flooring in the kitchen and laundry.
To succeed with a claim for damage the landlord must prove that damage 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 of the Act.
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. See Taylor v Webb [1937] 2KB 283 (CA).
The landlord has produced photographs showing the inside of the property taken at an inspection on 28 February 2023, approximately two months after the commencement of the tenancy. The landlord states that they have a practice of redecorating the property at the end of each tenancy, and that prior to the start of this tenancy repainted the walls and doors and replaced the vinyl flooring in the kitchen and laundry. The landlord has produced photographs taken on 05 May 2024 showing minor damage to walls in the bedroom, hallway, and lounge.
After considering the evidence, I am satisfied more likely than not the damage to wall and doors has occurred during the tenancy and is beyond fair wear and tear. The tenant has not disproved liability. The landlord is claiming $315.00 labour and materials of $239.04. In the circumstances this is reasonable and is awarded in full. There is no reduction for betterment.
Regarding the window, no photographs were produced showing a missing or damaged latch. There are also none showing missing or damaged net and thermal curtains. In my view, the damage to the vinyl flooring the kitchen and laundry is no more than fair wear and tear. These damage claims are dismissed. Previous order
On 26 April 2024, the Tribunal made an order relating to this tenancy, for rent arrears to 05 May 2024 and reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes. Costs
As [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression.
The landlord seeks name suppression.
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been substantially successful and is granted name suppression.

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 4897160 — net $4,094.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4838541 dated 26/04/2024	$2,671.87	Previous order application 4838541 dated 26/04/2024
Carpet Cleaning	$152.00	Carpet Cleaning
Lock/key replacement	$239.03	Lock/key replacement
Rubbish removal	$403.01	Rubbish removal
Repairs to walls and doors	$608.04	Repairs to walls and doors
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,094.39
Total payable by Tenant to Landlord	$4,094.39

Claims and awards for application 4897160 — net $4,094.39 NZD. Verify on MoJ.

Previous order application 4838541 dated 26/04/2024

Amount: $2,671.87
Awarded to: Landlord
Reason: Previous order application 4838541 dated 26/04/2024

Carpet Cleaning

Amount: $152.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lock/key replacement

Amount: $239.03
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $403.01
Awarded to: Landlord
Reason: Rubbish removal

Repairs to walls and doors

Amount: $608.04
Awarded to: Landlord
Reason: Repairs to walls and doors

Dismissed claims

Lawn Mowing, And It — Is the tenant responsible for the damage to the premises?

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Cheniqua Moke must pay [The landlord/s] $4,094.39 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 29 April 2024 under application NZTT 4838541.

Reasons

The landlord appeared. There was no appearance by the tenant.
The tenancy commenced on 10 November 2022. On 26 April 2024, the Tribunal terminated the tenancy for rent arrears, effective 05 May 2024.
On 26 May 2024, the landlord filed a claim alleging that the tenant: i. Is liable for damage to the property more than fair wear and tear, ii. Failed to return the keys, iii. Failed to remove all rubbish, iv. Failed to leave the carpet reasonably clean, v. Failed to leave the lawns in a reasonably tidy condition.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”).

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) of the Act.
The property was built in the 1980’s and consists of four bedrooms, bathroom / toilet, a kitchen, a dining / lounge, and a laundry. The landlord produced photographs showing the inside of the property taken at an inspection on 28 February 2023, approximately two months after the commencement of the tenancy. The landlord has also produced photographs showing the inside of the property at the end of the tenancy taken on 05 May 2024.
The photographs taken on 05 May 2024 show soiling to the carpet throughout the property, as well as household rubbish and other items left behind, such as a mattress, a table, and a bed frame. The keys provided to the tenant for the front door, ranchslider, and rear door were not returned. After considering the evidence, I am satisfied that the tenant has failed to remove all rubbish, failed to leave the carpet reasonably clean, and did not return the keys.
The landlord is claiming $403.01 to remove rubbish, which includes labour and disposal, $152.00 for carpet cleaning, and $239.03 to change the locks. The amounts claimed are reasonable and awarded in full.
here are no photographs of the lawn. There is insufficient evidence to support the claim for lawn mowing, and it is dismissed.

Is the tenant responsible for the damage to the premises?

The landlord claims the tenant is liable for damage to the bedroom, hallway and lounge walls, net and thermal curtains, a window latch in the bathroom, and vinyl flooring in the kitchen and laundry.
To succeed with a claim for damage the landlord must prove that damage 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 of the Act.
Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. See Taylor v Webb [1937] 2KB 283 (CA).
The landlord has produced photographs showing the inside of the property taken at an inspection on 28 February 2023, approximately two months after the commencement of the tenancy. The landlord states that they have a practice of redecorating the property at the end of each tenancy, and that prior to the start of this tenancy repainted the walls and doors and replaced the vinyl flooring in the kitchen and laundry. The landlord has produced photographs taken on 05 May 2024 showing minor damage to walls in the bedroom, hallway, and lounge.
After considering the evidence, I am satisfied more likely than not the damage to wall and doors has occurred during the tenancy and is beyond fair wear and tear. The tenant has not disproved liability. The landlord is claiming $315.00 labour and materials of $239.04. In the circumstances this is reasonable and is awarded in full. There is no reduction for betterment.
Regarding the window, no photographs were produced showing a missing or damaged latch. There are also none showing missing or damaged net and thermal curtains. In my view, the damage to the vinyl flooring the kitchen and laundry is no more than fair wear and tear. These damage claims are dismissed. Previous order
On 26 April 2024, the Tribunal made an order relating to this tenancy, for rent arrears to 05 May 2024 and reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes. Costs
As [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression.
The landlord seeks name suppression.
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.
The landlord has been substantially successful and is granted name suppression.

Tenancy Tribunal case 4897160 — Property damage

At a glance

Tenancy Tribunal case 4897160 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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