What was Tenancy Tribunal case 4912674 about?

The tribunal order states: Shekainah Taylor must pay [The landlord/s] $5,631.94 immediately, calculated

How much money was awarded in case 4912674?

Cleaning: $236.90 awarded to landlord; Cleaning: $483.00 awarded to landlord; Cleaning: $1,091.48 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $283.96 awarded to landlord; Property Damage: $260.00 awarded to landlord; Cupboard Door And Repaint: $322.00 awarded to landlord; Panels At Front Of House: $540.04 awarded to landlord; Replace Carpet: $1,700.00 awarded to landlord; Rubbish Removal: $655.12 awarded to landlord; Rubbish Removal: $375.00 awarded to landlord

What type of tenancy dispute was case 4912674?

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

Where can I read the official tribunal order for case 4912674?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10763207-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4912674 about?

The tribunal order states: Shekainah Taylor must pay [The landlord/s] $5,631.94 immediately, calculated

How much money was awarded in case 4912674?

Cleaning: $236.90 awarded to landlord; Cleaning: $483.00 awarded to landlord; Cleaning: $1,091.48 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $283.96 awarded to landlord; Property Damage: $260.00 awarded to landlord; Cupboard Door And Repaint: $322.00 awarded to landlord; Panels At Front Of House: $540.04 awarded to landlord; Replace Carpet: $1,700.00 awarded to landlord; Rubbish Removal: $655.12 awarded to landlord; Rubbish Removal: $375.00 awarded to landlord

What type of tenancy dispute was case 4912674?

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

Where can I read the official tribunal order for case 4912674?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10763207-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4912674 — Cleanliness

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New Zealand Tenancy Tribunal Case 4912674 — Cleanliness | 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 4912674 — net $5,631.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$283.96	Window repairs
Replace carpet	$1,700.00	Replace carpet
Cleaning: Walls and ceiling and repaint	$1,091.48	Cleaning: Walls and ceiling and repaint
Cleaning	$483.00	Cleaning
Carpet Cleaning	$236.90	Carpet Cleaning
Lock/key replacement	$260.00	Lock/key replacement
Rubbish removal	$655.12	Rubbish removal
Rubbish removal: Rubbish skips	$375.00	Rubbish removal: Rubbish skips
Repairs: Panels at front of house	$540.04	Repairs: Panels at front of house
Repairs: Cupboard door and repaint	$322.00	Repairs: Cupboard door and repaint
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,631.94
Total payable by Tenant to Landlord	$5,631.94

Claims and awards for application 4912674 — net $5,631.94 NZD. Verify on MoJ.

Window repairs

Amount: $283.96
Awarded to: Landlord
Reason: Window repairs

Replace carpet

Amount: $1,700.00
Awarded to: Landlord
Reason: Replace carpet

Cleaning: Walls and ceiling and repaint

Amount: $1,091.48
Awarded to: Landlord
Reason: Cleaning: Walls and ceiling and repaint

Cleaning

Amount: $483.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $236.90
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Shekainah Taylor must pay [The landlord/s] $5,631.94 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $336.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing on 26 August 2024.
The tenant did not attend by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls were not able to connect. The Tribunal may hear matters 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 landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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 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. The landlord provided photos of the premises which show it in a very poor state. Invoices were also provided by the landlord for cleaning , rubbish removal and rubbish skip hire..
The tenant did not return the keys. Invoices from the locksmith were provided.
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 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. The excess on the landlord insurance cover is $10,000.00.
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 following damage was caused during the tenancy:
The carpet was damaged. The landlord said that make up, tomato sauce and the contents of a tin of tuna had been spilt on the carpet. The carpet was new at the commencement of the tenancy. I consider the damage to have been intentional and the limitations referred to above at clause 11 do not apply. The replacement costs for the carpet was $2,300.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have taken 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. The claim is proven at $1,700.00.
An attempt to clean the carpet was made at a cost of $236.90. The claim is reasonable.
The walls and ceiling were damaged by drawing and other activity by the tenant. The actions were intentional and the limits in clause 11 above do not apply. The invoice for $1,091.48 is reasonable.
Windows at the front of the house were broken. The replacement cost is $283.96. The damage appears to be intentional rather than careless.
Panels of fibrolite at the front of the door have been damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claim for $540.04 for repairs is proven.
The passage cupboard door has been damaged The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The repair cost is $322.00.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord seeks name suppression. The landlord has been wholly successful in this application 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 4912674 — net $5,631.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$283.96	Window repairs
Replace carpet	$1,700.00	Replace carpet
Cleaning: Walls and ceiling and repaint	$1,091.48	Cleaning: Walls and ceiling and repaint
Cleaning	$483.00	Cleaning
Carpet Cleaning	$236.90	Carpet Cleaning
Lock/key replacement	$260.00	Lock/key replacement
Rubbish removal	$655.12	Rubbish removal
Rubbish removal: Rubbish skips	$375.00	Rubbish removal: Rubbish skips
Repairs: Panels at front of house	$540.04	Repairs: Panels at front of house
Repairs: Cupboard door and repaint	$322.00	Repairs: Cupboard door and repaint
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,631.94
Total payable by Tenant to Landlord	$5,631.94

Claims and awards for application 4912674 — net $5,631.94 NZD. Verify on MoJ.

Window repairs

Amount: $283.96
Awarded to: Landlord
Reason: Window repairs

Replace carpet

Amount: $1,700.00
Awarded to: Landlord
Reason: Replace carpet

Cleaning: Walls and ceiling and repaint

Amount: $1,091.48
Awarded to: Landlord
Reason: Cleaning: Walls and ceiling and repaint

Cleaning

Amount: $483.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $236.90
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Shekainah Taylor must pay [The landlord/s] $5,631.94 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $336.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing on 26 August 2024.
The tenant did not attend by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls were not able to connect. The Tribunal may hear matters 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 landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following 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 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. The landlord provided photos of the premises which show it in a very poor state. Invoices were also provided by the landlord for cleaning , rubbish removal and rubbish skip hire..
The tenant did not return the keys. Invoices from the locksmith were provided.
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 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. The excess on the landlord insurance cover is $10,000.00.
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 following damage was caused during the tenancy:
The carpet was damaged. The landlord said that make up, tomato sauce and the contents of a tin of tuna had been spilt on the carpet. The carpet was new at the commencement of the tenancy. I consider the damage to have been intentional and the limitations referred to above at clause 11 do not apply. The replacement costs for the carpet was $2,300.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have taken 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. The claim is proven at $1,700.00.
An attempt to clean the carpet was made at a cost of $236.90. The claim is reasonable.
The walls and ceiling were damaged by drawing and other activity by the tenant. The actions were intentional and the limits in clause 11 above do not apply. The invoice for $1,091.48 is reasonable.
Windows at the front of the house were broken. The replacement cost is $283.96. The damage appears to be intentional rather than careless.
Panels of fibrolite at the front of the door have been damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claim for $540.04 for repairs is proven.
The passage cupboard door has been damaged The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The repair cost is $322.00.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord seeks name suppression. The landlord has been wholly successful in this application and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4912674 — Cleanliness

At a glance

Tenancy Tribunal case 4912674 — Cleanliness

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