How much money was awarded in case 4910671?

Cleaning: $1,050.50 awarded to landlord; Cleaning: $1,165.43 awarded to landlord; Property Damage: $250.00 awarded to landlord; Replace Furnishings: Bed: $150.00 awarded to landlord; Replace Furnishings: Curtains: $224.25 awarded to landlord; Rubbish Removal: $182.62 awarded to landlord; Storage: $350.00 awarded to landlord

What type of tenancy dispute was case 4910671?

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

Where can I read the official tribunal order for case 4910671?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10676226-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4910671?

Cleaning: $1,050.50 awarded to landlord; Cleaning: $1,165.43 awarded to landlord; Property Damage: $250.00 awarded to landlord; Replace Furnishings: Bed: $150.00 awarded to landlord; Replace Furnishings: Curtains: $224.25 awarded to landlord; Rubbish Removal: $182.62 awarded to landlord; Storage: $350.00 awarded to landlord

What type of tenancy dispute was case 4910671?

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

Where can I read the official tribunal order for case 4910671?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10676226-Tribunal_Order_Redacted.pdf.

Room 6, 23 Clarke Avenue, Highbury, Palmerston North Tenancy Tribunal Case 4910671 — Cleanliness

Q: What was Tenancy Tribunal case 4910671 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4910671 — net $2,172.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$1,050.50	Carpet Cleaning
Cleaning	$1,165.43	Cleaning
Rubbish removal	$182.62	Rubbish removal
Lock/key replacement	$250.00	Lock/key replacement
Replace furnishings: curtains	$224.25	Replace furnishings: curtains
Replace furnishings: bed	$150.00	Replace furnishings: bed
Storage	$350.00	Storage
Net award	$2,172.80
Total payable by Tenant to Landlord	$2,172.80

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

Ashly-May Schou must pay [The landlord/s] $2,172.80 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,200.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Carpet Cleaning$1,050.50 Cleaning$1,165.43 Rubbish removal$182.62 Lock/key replacement$250.00 Replace furnishings: curtains$224.25 Replace furnishings: bed$150.00 Storage$350.00 Total award$3,372.80 Bond$1,200.00 Total payable by Tenant to Landlord$2,172.80

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

The landlord has applied for rent arrears, compensation and refund of the bond, following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 24 April 2024. The landlord provided rent records which prove the amount owing at 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

The landlord has stored all the tenant’s possessions left at the property and has charged a modest amount in accordance with the terms of the Tenancy Agreement. It is appropriate that the landlord be compensated for this service.

The amounts ordered are proved.

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.

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.

Curtains and the bed supplied by the landlord were damaged beyond repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 4910671 — net $2,172.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$1,050.50	Carpet Cleaning
Cleaning	$1,165.43	Cleaning
Rubbish removal	$182.62	Rubbish removal
Lock/key replacement	$250.00	Lock/key replacement
Replace furnishings: curtains	$224.25	Replace furnishings: curtains
Replace furnishings: bed	$150.00	Replace furnishings: bed
Storage	$350.00	Storage
Net award	$2,172.80
Total payable by Tenant to Landlord	$2,172.80

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Ashly-May Schou must pay [The landlord/s] $2,172.80 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,200.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Carpet Cleaning$1,050.50 Cleaning$1,165.43 Rubbish removal$182.62 Lock/key replacement$250.00 Replace furnishings: curtains$224.25 Replace furnishings: bed$150.00 Storage$350.00 Total award$3,372.80 Bond$1,200.00 Total payable by Tenant to Landlord$2,172.80

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation and refund of the bond, following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 24 April 2024. The landlord provided rent records which prove the amount owing at 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
The landlord has stored all the tenant’s possessions left at the property and has charged a modest amount in accordance with the terms of the Tenancy Agreement. It is appropriate that the landlord be compensated for this service.
The amounts ordered are proved.

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.
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.
Curtains and the bed supplied by the landlord were damaged beyond repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Tenancy Tribunal case 4910671 — Cleanliness at Room 6, 23 Clarke Avenue, Highbury, Palmerston North

At a glance

Tenancy Tribunal case 4910671 — Cleanliness at Room 6, 23 Clarke Avenue, Highbury, Palmerston North

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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