What was Tenancy Tribunal case 4915516 about?

The tribunal order states: Shenae Broughton must pay [The landlord/s] $4,555.20 immediately, calculated

How much money was awarded in case 4915516?

Cleaning: $1,150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $202.41 awarded to landlord; Internal Doors: $230.00 awarded to landlord; Internal Wall: $575.00 awarded to landlord; Two Windows: $138.00 awarded to landlord; Rubbish Removal: $1,265.00 awarded to landlord; Warrant: $200.00 awarded to landlord; Water Rates: $774.35 awarded to landlord

What type of tenancy dispute was case 4915516?

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

Where can I read the official tribunal order for case 4915516?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11057840-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4915516 about?

The tribunal order states: Shenae Broughton must pay [The landlord/s] $4,555.20 immediately, calculated

How much money was awarded in case 4915516?

Cleaning: $1,150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $202.41 awarded to landlord; Internal Doors: $230.00 awarded to landlord; Internal Wall: $575.00 awarded to landlord; Two Windows: $138.00 awarded to landlord; Rubbish Removal: $1,265.00 awarded to landlord; Warrant: $200.00 awarded to landlord; Water Rates: $774.35 awarded to landlord

What type of tenancy dispute was case 4915516?

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

Where can I read the official tribunal order for case 4915516?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11057840-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4915516 — Cleanliness

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New Zealand Tenancy Tribunal Case 4915516 — 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 4915516 — net $4,555.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$774.35	2. The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Cleaning	$1,150.00	Cleaning
Rubbish removal	$1,265.00	Rubbish removal
Repairs: Two windows	$138.00	Repairs: Two windows
Repairs: Internal doors	$230.00	Repairs: Internal doors
Repairs: Internal wall	$575.00	Repairs: Internal wall
Lock/key replacement	$202.41	Lock/key replacement
Warrant	$200.00	Warrant
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,555.20
Total payable by Tenant to Landlord	$4,555.20

Claims and awards for application 4915516 — net $4,555.20 NZD. Verify on MoJ.

Water rates

Amount: $774.35
Awarded to: Landlord
Reason: 2. The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

Cleaning

Amount: $1,150.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,265.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Two windows

Amount: $138.00
Awarded to: Landlord
Reason: Repairs: Two windows

Repairs: Internal doors

Amount: $230.00
Awarded to: Landlord
Reason: Repairs: Internal doors

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

Shenae Broughton must pay [The landlord/s] $4,555.20 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by video. The Tenant did not attend the hearing by video or answer the two telephone calls made by the Tribunal.
The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates arrears?

The tenancy ended on 5 May 2024. The landlord provided water rates invoices 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photographs were provided of the property at the end of the tenancy as well as an invoice for the rubbish removal and cleaning. The Tenant was evicted from the property and given an opportunity to remove their possessions after that event however a lot of rubbish, broken furniture, clothing was left behind. Rubbish bins were also purchased to remove the rubbish.
The tenant did not return the keys. A locksmith was required when the Bailiff attended the property to evict the Tenant. An invoice was provided for the locksmith.
The landlord sought reimbursement of the eviction fee because the Tenant did not vacate the property at the end of the tenancy and a Bailiff was required. A receipt was provided for the eviction fee.
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.
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: Broken lounge and bedroom windows, damaged hallway wall, holes in the doors throughout the property which appeared to be caused by punching or kicking. Photographs and a video were provided of the damages at the start and end of the tenancy. Invoices were also provided to substantiate the claims. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
As [The applicant/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

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 4915516 — net $4,555.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$774.35	2. The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Cleaning	$1,150.00	Cleaning
Rubbish removal	$1,265.00	Rubbish removal
Repairs: Two windows	$138.00	Repairs: Two windows
Repairs: Internal doors	$230.00	Repairs: Internal doors
Repairs: Internal wall	$575.00	Repairs: Internal wall
Lock/key replacement	$202.41	Lock/key replacement
Warrant	$200.00	Warrant
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,555.20
Total payable by Tenant to Landlord	$4,555.20

Claims and awards for application 4915516 — net $4,555.20 NZD. Verify on MoJ.

Water rates

Amount: $774.35
Awarded to: Landlord
Reason: 2. The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

Cleaning

Amount: $1,150.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,265.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: Two windows

Amount: $138.00
Awarded to: Landlord
Reason: Repairs: Two windows

Repairs: Internal doors

Amount: $230.00
Awarded to: Landlord
Reason: Repairs: Internal doors

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Water Rates

Order

Shenae Broughton must pay [The landlord/s] $4,555.20 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by video. The Tenant did not attend the hearing by video or answer the two telephone calls made by the Tribunal.
The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates arrears?

The tenancy ended on 5 May 2024. The landlord provided water rates invoices 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photographs were provided of the property at the end of the tenancy as well as an invoice for the rubbish removal and cleaning. The Tenant was evicted from the property and given an opportunity to remove their possessions after that event however a lot of rubbish, broken furniture, clothing was left behind. Rubbish bins were also purchased to remove the rubbish.
The tenant did not return the keys. A locksmith was required when the Bailiff attended the property to evict the Tenant. An invoice was provided for the locksmith.
The landlord sought reimbursement of the eviction fee because the Tenant did not vacate the property at the end of the tenancy and a Bailiff was required. A receipt was provided for the eviction fee.
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.
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: Broken lounge and bedroom windows, damaged hallway wall, holes in the doors throughout the property which appeared to be caused by punching or kicking. Photographs and a video were provided of the damages at the start and end of the tenancy. Invoices were also provided to substantiate the claims. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
As [The applicant/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 4915516 — Cleanliness

At a glance

Tenancy Tribunal case 4915516 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates arrears?

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 water rates arrears?

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