What was Tenancy Tribunal case 4904860 about?

The tribunal order states: Angela Thorpe must pay [The landlord/s] $25,930.38 immediately, calculated as

How much money was awarded in case 4904860?

Cleaning: $1,618.05 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4803817 D…: $520.44 awarded to landlord; Broken Window: $299.00 awarded to landlord; Door Knobs: $596.56 awarded to landlord; Property Damage: $18,000.00 awarded to landlord; Property Damage: $3,500.00 awarded to landlord; Rubbish Removal: $1,375.89 awarded to landlord

What type of tenancy dispute was case 4904860?

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

Where can I read the official tribunal order for case 4904860?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11140877-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4904860 about?

The tribunal order states: Angela Thorpe must pay [The landlord/s] $25,930.38 immediately, calculated as

How much money was awarded in case 4904860?

Cleaning: $1,618.05 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4803817 D…: $520.44 awarded to landlord; Broken Window: $299.00 awarded to landlord; Door Knobs: $596.56 awarded to landlord; Property Damage: $18,000.00 awarded to landlord; Property Damage: $3,500.00 awarded to landlord; Rubbish Removal: $1,375.89 awarded to landlord

What type of tenancy dispute was case 4904860?

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

Where can I read the official tribunal order for case 4904860?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11140877-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4904860 — Property damage

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New Zealand Tenancy Tribunal Case 4904860 — 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 4904860 — net $25,930.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4803817 dated 22/04/2024	$520.44	Previous order application 4803817 dated 22/04/2024
Rubbish removal	$1,375.89	Rubbish removal
Meth testing/Cleaning	$1,618.05	Meth testing/Cleaning
Repairs: Broken window	$299.00	Repairs: Broken window
Repairs: Door knobs	$596.56	Repairs: Door knobs
Repairs: Insurance excess x 6	$18,000.00	Repairs: Insurance excess x 6
Repairs: Wall repairs	$3,500.00	Repairs: Wall repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$25,930.38
Total payable by Tenant to Landlord	$25,930.38

Claims and awards for application 4904860 — net $25,930.38 NZD. Verify on MoJ.

Previous order application 4803817 dated 22/04/2024

Amount: $520.44
Awarded to: Landlord
Reason: Previous order application 4803817 dated 22/04/2024

Rubbish removal

Amount: $1,375.89
Awarded to: Landlord
Reason: Rubbish removal

Meth testing/Cleaning

Amount: $1,618.05
Awarded to: Landlord
Reason: Meth testing/Cleaning

Repairs: Broken window

Amount: $299.00
Awarded to: Landlord
Reason: Repairs: Broken window

Repairs: Door knobs

Amount: $596.56
Awarded to: Landlord
Reason: Repairs: Door knobs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Angela Thorpe must pay [The landlord/s] $25,930.38 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 22 nd April 2024 under application 4803817.

Reasons

The landlord attended the hearing on 13 th November 2024. The tenant did not.
The tenancy was from 18 th October 2019 and ended on 30 th May 2024.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy. Compensation claims
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986 (“RTA”). The landlord is entitled to receive cleaning and rubbish removal costs if the premises is not left reasonably clean and tidy.
For damage claims, 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. 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. 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 Tribunal must take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Having seen the photos and invoices provided by the landlord, I find that the premises was not left reasonably clean and that the damage was more than fair wear and tear.
There was evidence of insurance excess of $3,000.00 per room. There were 6 separate insurance excess paid totalling $18,000.00 for damages caused by the tenant. This was in addition to $3,500.00 for wall repairs that was not covered by insurance.
The premises tested positive for methamphetamine contamination and required cleaning and further testing.
The only claim I declined to award was for blinds and curtains as they were more than 8 years old which was beyond their useful lifespan.
As the landlord has wholly succeeded with the claim, the tenant must also reimburse the filing fee.
I order the tenant to pay the landlord the amounts ordered above. Previous order incorporated
On 22 nd April 2024 the Tribunal made an order relating to this tenancy, for exemplary damages for failing to vacate the premises at the end of the tenancy. The previous order is incorporated into this order for enforcement purposes.

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 4904860 — net $25,930.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4803817 dated 22/04/2024	$520.44	Previous order application 4803817 dated 22/04/2024
Rubbish removal	$1,375.89	Rubbish removal
Meth testing/Cleaning	$1,618.05	Meth testing/Cleaning
Repairs: Broken window	$299.00	Repairs: Broken window
Repairs: Door knobs	$596.56	Repairs: Door knobs
Repairs: Insurance excess x 6	$18,000.00	Repairs: Insurance excess x 6
Repairs: Wall repairs	$3,500.00	Repairs: Wall repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$25,930.38
Total payable by Tenant to Landlord	$25,930.38

Claims and awards for application 4904860 — net $25,930.38 NZD. Verify on MoJ.

Previous order application 4803817 dated 22/04/2024

Amount: $520.44
Awarded to: Landlord
Reason: Previous order application 4803817 dated 22/04/2024

Rubbish removal

Amount: $1,375.89
Awarded to: Landlord
Reason: Rubbish removal

Meth testing/Cleaning

Amount: $1,618.05
Awarded to: Landlord
Reason: Meth testing/Cleaning

Repairs: Broken window

Amount: $299.00
Awarded to: Landlord
Reason: Repairs: Broken window

Repairs: Door knobs

Amount: $596.56
Awarded to: Landlord
Reason: Repairs: Door knobs

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Angela Thorpe must pay [The landlord/s] $25,930.38 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 22 nd April 2024 under application 4803817.

Reasons

The landlord attended the hearing on 13 th November 2024. The tenant did not.
The tenancy was from 18 th October 2019 and ended on 30 th May 2024.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy. Compensation claims
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986 (“RTA”). The landlord is entitled to receive cleaning and rubbish removal costs if the premises is not left reasonably clean and tidy.
For damage claims, 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. 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. 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 Tribunal must take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Having seen the photos and invoices provided by the landlord, I find that the premises was not left reasonably clean and that the damage was more than fair wear and tear.
There was evidence of insurance excess of $3,000.00 per room. There were 6 separate insurance excess paid totalling $18,000.00 for damages caused by the tenant. This was in addition to $3,500.00 for wall repairs that was not covered by insurance.
The premises tested positive for methamphetamine contamination and required cleaning and further testing.
The only claim I declined to award was for blinds and curtains as they were more than 8 years old which was beyond their useful lifespan.
As the landlord has wholly succeeded with the claim, the tenant must also reimburse the filing fee.
I order the tenant to pay the landlord the amounts ordered above. Previous order incorporated
On 22 nd April 2024 the Tribunal made an order relating to this tenancy, for exemplary damages for failing to vacate the premises at the end of the tenancy. The previous order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 4904860 — Property damage

At a glance

Tenancy Tribunal case 4904860 — 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