What was Tenancy Tribunal case 4902317 about?

The tribunal order states: Cassandra Jade Semenoff must pay [The landlord/s] $2,333.82 immediately,

How much money was awarded in case 4902317?

Cleaning: $260.83 awarded to landlord; Cleaning: $207.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $215.05 awarded to landlord; Fixture Holes In Walls: $250.00 awarded to landlord; Living Area Floor: $1,380.00 awarded to landlord

What type of tenancy dispute was case 4902317?

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

Where can I read the official tribunal order for case 4902317?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10700358-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4902317 about?

The tribunal order states: Cassandra Jade Semenoff must pay [The landlord/s] $2,333.82 immediately,

How much money was awarded in case 4902317?

Cleaning: $260.83 awarded to landlord; Cleaning: $207.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $215.05 awarded to landlord; Fixture Holes In Walls: $250.00 awarded to landlord; Living Area Floor: $1,380.00 awarded to landlord

What type of tenancy dispute was case 4902317?

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

Where can I read the official tribunal order for case 4902317?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10700358-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4902317 — Property damage

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New Zealand Tenancy Tribunal Case 4902317 — 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 4902317 — net $2,333.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$215.05	Lawns and Garden work
Carpet Cleaning	$260.83	Carpet Cleaning
Cleaning	$207.50	Cleaning
Repairs: living area floor	$1,380.00	Repairs: living area floor
Repairs: fixture holes in walls	$250.00	Repairs: fixture holes in walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,333.82
Total payable by Tenant to Landlord	$2,333.82

Claims and awards for application 4902317 — net $2,333.82 NZD. Verify on MoJ.

Lawns and Garden work

Amount: $215.05
Awarded to: Landlord
Reason: Lawns and Garden work

Carpet Cleaning

Amount: $260.83
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $207.50
Awarded to: Landlord
Reason: Cleaning

Repairs: living area floor

Amount: $1,380.00
Awarded to: Landlord
Reason: Repairs: living area floor

Repairs: fixture holes in walls

Amount: $250.00
Awarded to: Landlord
Reason: Repairs: fixture holes in walls

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

Cassandra Jade Semenoff must pay [The landlord/s] $2,333.82 immediately, calculated as shown in table below.

Reasons

The landlord’s representative attended the hearing by telephone. The tenant did not attend. I continued in her absence as she has been emailed notice of the hearing date and time.
The landlord has applied for compensation for costs incurred after the tenancy ended. Rent and bond
The landlord says that the parties agreed to end the fixed term tenancy early and that it has received the bond ($2,400.00) which covers rent owing up to the date that a new tenant was found (which was from 5 April 2024). Cleaning and garden
The landlord supplied evidence which proves:- a. That the gardens needed weeding, b. There were some stains on the carpet, so carpet cleaning was required, c. Some areas of the premises were not left reasonably clean (oven, inside some cupboards, window tracks).
I award costs in the amount of the invoices supplied. Damage to painted floor and fixture holes in walls
A landlord must prove that any 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. See section 49B(1) RTA. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose.
The landlord has proved that the painted floor in the living area was damaged during the tenancy. It appears as if repairs have been attempted perhaps by repainting or using a cleaning product on the floor. There are large, discoloured areas. I award the amount claimed to repaint the floor which is $1,380.00.
The landlord has also proved that the tenants left holes in at least three walls caused by attaching fixtures. A blackboard was also attached to the end of the kitchen bench. The repair work to fill the holes and remove the blackboard has not yet been done. A quote was presented for a total of $1,955.00. This is excessive for the damage shown in the photographs. I award $250.00.
The landlord has substantially succeeded with the claims, so I award the filing fee and suppress its name from the published order.

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 4902317 — net $2,333.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$215.05	Lawns and Garden work
Carpet Cleaning	$260.83	Carpet Cleaning
Cleaning	$207.50	Cleaning
Repairs: living area floor	$1,380.00	Repairs: living area floor
Repairs: fixture holes in walls	$250.00	Repairs: fixture holes in walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,333.82
Total payable by Tenant to Landlord	$2,333.82

Claims and awards for application 4902317 — net $2,333.82 NZD. Verify on MoJ.

Lawns and Garden work

Amount: $215.05
Awarded to: Landlord
Reason: Lawns and Garden work

Carpet Cleaning

Amount: $260.83
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $207.50
Awarded to: Landlord
Reason: Cleaning

Repairs: living area floor

Amount: $1,380.00
Awarded to: Landlord
Reason: Repairs: living area floor

Repairs: fixture holes in walls

Amount: $250.00
Awarded to: Landlord
Reason: Repairs: fixture holes in walls

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

Cassandra Jade Semenoff must pay [The landlord/s] $2,333.82 immediately, calculated as shown in table below.

Reasons

The landlord’s representative attended the hearing by telephone. The tenant did not attend. I continued in her absence as she has been emailed notice of the hearing date and time.
The landlord has applied for compensation for costs incurred after the tenancy ended. Rent and bond
The landlord says that the parties agreed to end the fixed term tenancy early and that it has received the bond ($2,400.00) which covers rent owing up to the date that a new tenant was found (which was from 5 April 2024). Cleaning and garden
The landlord supplied evidence which proves:- a. That the gardens needed weeding, b. There were some stains on the carpet, so carpet cleaning was required, c. Some areas of the premises were not left reasonably clean (oven, inside some cupboards, window tracks).
I award costs in the amount of the invoices supplied. Damage to painted floor and fixture holes in walls
A landlord must prove that any 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. See section 49B(1) RTA. Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose.
The landlord has proved that the painted floor in the living area was damaged during the tenancy. It appears as if repairs have been attempted perhaps by repainting or using a cleaning product on the floor. There are large, discoloured areas. I award the amount claimed to repaint the floor which is $1,380.00.
The landlord has also proved that the tenants left holes in at least three walls caused by attaching fixtures. A blackboard was also attached to the end of the kitchen bench. The repair work to fill the holes and remove the blackboard has not yet been done. A quote was presented for a total of $1,955.00. This is excessive for the damage shown in the photographs. I award $250.00.
The landlord has substantially succeeded with the claims, so I award the filing fee and suppress its name from the published order.

Tenancy Tribunal case 4902317 — Property damage

At a glance

Tenancy Tribunal case 4902317 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions