What was Tenancy Tribunal case 4918573 about?

The tribunal order states: Holly Mansfield, Jayden Te Whaiti and Jonathan Kings must pay [The landlord/s]

How much money was awarded in case 4918573?

Carpet Inspection Fee: $138.00 awarded to landlord; Cleaning: $268.81 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Less Rent Credit: $527.14 awarded to tenant; Property Damage: $2,500.00 awarded to landlord; Rubbish Removal: $316.25 awarded to landlord

What type of tenancy dispute was case 4918573?

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

Where can I read the official tribunal order for case 4918573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10683729-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4918573 about?

The tribunal order states: Holly Mansfield, Jayden Te Whaiti and Jonathan Kings must pay [The landlord/s]

How much money was awarded in case 4918573?

Carpet Inspection Fee: $138.00 awarded to landlord; Cleaning: $268.81 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Less Rent Credit: $527.14 awarded to tenant; Property Damage: $2,500.00 awarded to landlord; Rubbish Removal: $316.25 awarded to landlord

What type of tenancy dispute was case 4918573?

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

Where can I read the official tribunal order for case 4918573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10683729-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4918573 — Property damage

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New Zealand Tenancy Tribunal Case 4918573 — 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 4918573 — net $256.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Carpet inspection fee	$138.00		Carpet inspection fee
Cleaning	$268.81		Cleaning
Insurance excesses	$2,500.00		Insurance excesses
Repairs to walls & doors & rubbish removal	$316.25		Repairs to walls & doors & rubbish removal
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less rent credit		$527.14	Less rent credit
Total award	$3,243.50	$527.14
Net award	$256.36
Total payable by Tenant to Landlord	$256.36

Claims and awards for application 4918573 — net $256.36 NZD. Verify on MoJ.

Carpet inspection fee

Amount: $138.00
Awarded to: Landlord
Reason: Carpet inspection fee

Cleaning

Amount: $268.81
Awarded to: Landlord
Reason: Cleaning

Insurance excesses

Amount: $2,500.00
Awarded to: Landlord
Reason: Insurance excesses

Repairs to walls & doors & rubbish removal

Amount: $316.25
Awarded to: Landlord
Reason: Repairs to walls & doors & rubbish removal

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Holly Mansfield, Jayden Te Whaiti and Jonathan Kings must pay [The landlord/s] $256.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,460.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
The Tribunal unsuccessfully attempted to contact Mr Te Whaiti on the cell phone number provided by him to Tenancy Services.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The rent credit of $527.14 has been applied to reduce the amount owing.

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 sought compensation for cleaning and rubbish removal.
In support of the claim the landlord provided invoices, an entry inspection report dated 12/7/2023 and an exit report of 14/5/2024, both with photographs.
I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
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.
The landlord sought the insurance excesses for carpet replacement due to burn marks and contamination from dog urine, carpet assessment fee and repairs to walls and doors.
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.
I am satisfied from the evidence that there was damage to carpets in the hallway, lounge and three bedrooms, and walls and doors caused during the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Is the guarantor liable?

On 12/7/2023 the guarantor provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations.
The Tribunal has ordered the tenant to pay $256.36 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka).
As [The applicant/s] has wholly succeeded with the claim I must award the filing fee.
Suppression is granted because the landlord was successful with the claim.

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 4918573 — net $256.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Carpet inspection fee	$138.00		Carpet inspection fee
Cleaning	$268.81		Cleaning
Insurance excesses	$2,500.00		Insurance excesses
Repairs to walls & doors & rubbish removal	$316.25		Repairs to walls & doors & rubbish removal
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less rent credit		$527.14	Less rent credit
Total award	$3,243.50	$527.14
Net award	$256.36
Total payable by Tenant to Landlord	$256.36

Claims and awards for application 4918573 — net $256.36 NZD. Verify on MoJ.

Carpet inspection fee

Amount: $138.00
Awarded to: Landlord
Reason: Carpet inspection fee

Cleaning

Amount: $268.81
Awarded to: Landlord
Reason: Cleaning

Insurance excesses

Amount: $2,500.00
Awarded to: Landlord
Reason: Insurance excesses

Repairs to walls & doors & rubbish removal

Amount: $316.25
Awarded to: Landlord
Reason: Repairs to walls & doors & rubbish removal

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Holly Mansfield, Jayden Te Whaiti and Jonathan Kings must pay [The landlord/s] $256.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,460.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
The Tribunal unsuccessfully attempted to contact Mr Te Whaiti on the cell phone number provided by him to Tenancy Services.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The rent credit of $527.14 has been applied to reduce the amount owing.

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 sought compensation for cleaning and rubbish removal.
In support of the claim the landlord provided invoices, an entry inspection report dated 12/7/2023 and an exit report of 14/5/2024, both with photographs.
I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
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.
The landlord sought the insurance excesses for carpet replacement due to burn marks and contamination from dog urine, carpet assessment fee and repairs to walls and doors.
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.
I am satisfied from the evidence that there was damage to carpets in the hallway, lounge and three bedrooms, and walls and doors caused during the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.

Is the guarantor liable?

On 12/7/2023 the guarantor provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations.
The Tribunal has ordered the tenant to pay $256.36 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka).
As [The applicant/s] has wholly succeeded with the claim I must award the filing fee.
Suppression is granted because the landlord was successful with the claim.

Tenancy Tribunal case 4918573 — Property damage

At a glance

Tenancy Tribunal case 4918573 — Property damage

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?

Is the guarantor liable?

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?

Is the guarantor liable?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions