What was Tenancy Tribunal case 4920076 about?

The tribunal order states: Blighty Kanawa must pay [The landlord/s] $6,170.31 immediately, calculated as

How much money was awarded in case 4920076?

Cleaning: $334.13 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns: $120.00 awarded to landlord; Previous Order Application 4723999 D…: $885.73 awarded to landlord; Rent Arrears: $878.57 awarded to landlord; And Repaint Walls: $1,598.50 awarded to landlord; Assess Oven: $63.25 awarded to landlord; Replace Furnishings: Oven: $750.25 awarded to landlord; Replace furnishings: toilet roll hol…: $161.00 awarded to landlord; Rubbish Removal: $950.48 awarded to landlord; Water Rates: $108.96 awarded to landlord; Property Damage: $299.00 awarded to landlord

What type of tenancy dispute was case 4920076?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 4920076?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10708756-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4920076 about?

The tribunal order states: Blighty Kanawa must pay [The landlord/s] $6,170.31 immediately, calculated as

How much money was awarded in case 4920076?

Cleaning: $334.13 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns: $120.00 awarded to landlord; Previous Order Application 4723999 D…: $885.73 awarded to landlord; Rent Arrears: $878.57 awarded to landlord; And Repaint Walls: $1,598.50 awarded to landlord; Assess Oven: $63.25 awarded to landlord; Replace Furnishings: Oven: $750.25 awarded to landlord; Replace furnishings: toilet roll hol…: $161.00 awarded to landlord; Rubbish Removal: $950.48 awarded to landlord; Water Rates: $108.96 awarded to landlord; Property Damage: $299.00 awarded to landlord

What type of tenancy dispute was case 4920076?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 4920076?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10708756-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4920076 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4920076 — net $6,170.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 20/02/2024 – 5/03/2024	$878.57	Rent arrears 20/02/2024 – 5/03/2024
Previous order application 4723999 dated 19/02/2024	$885.73	Previous order application 4723999 dated 19/02/2024
Water rates	$108.96	Water rates
Window repairs: October 2023	$299.00	Window repairs: October 2023
Rubbish removal	$950.48	Rubbish removal
Cleaning	$334.13	Cleaning
Lawns	$120.00	Lawns
Replace furnishings: toilet roll holder and towel rail	$161.00	Replace furnishings: toilet roll holder and towel rail
Repairs: and repaint walls	$1,598.50	Repairs: and repaint walls
Repairs: assess oven	$63.25	Repairs: assess oven
Replace furnishings: oven	$750.25	Replace furnishings: oven
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,170.31
Total payable by Tenant to Landlord	$6,170.31

The landlords’ representatives attended the hearing. The tenant did not attend. I continued in his absence as he has been served by post and email and I am satisfied these methods are likely to bring the application to his notice.

The landlord has applied for rent arrears and compensation for costs and damage following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 5 March 2024 by bailiff eviction after a previous order of the Tribunal terminating the tenancy.

On 19 February 2024, the Tribunal made an order relating to this tenancy, for rent arrears to that date and termination of the tenancy. The previous order is incorporated into this order for enforcement purposes.

The landlord provided rent records and water rates invoices which prove the additional amounts owing up to the date of eviction.

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 did not leave the premises reasonably clean and tidy and did not remove all belongings and rubbish.

I award the amount of the invoices for cleaning, lawn mowing, and removal of three trailer loads of rubbish.

Is the tenant responsible for the damage to the premises?

A landlord must prove that any 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.

Tenants are liable for the cost of repairing damage that is intentional. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

The following damage was caused during the tenancy: a. A window was broken and had to be repaired in October 2023; b. The toilet roll holder and bathroom towel rail had to be replaced as had come off the wall and were missing; c. Four internal walls and one door had been drawn on with vivid and two walls had children’s stickers stuck on to them; d. There were nine small to medium sized holes in various walls; e. The oven door had come off and was not able to be repaired.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The insurance excess is $550.00. The oven and bathroom fittings were new at the start of this tenancy. The tenancy was 15 months long.

I award the full amounts of all invoices. There were multiple areas of damage to the walls so multiple insurance excesses would have applied.

I also award the full amount of the cost for a replacement oven and accept the oral evidence that a tradesperson inspected the oven and advised that the broken door could not be repaired. The landlord’s insurance does not cover intentional damage and the tradesperson told the property manager that it appeared the oven door had been jumped on.

The landlord has substantially succeeded with the claim, so I award the filing fee and suppress its name, as sought.

Claims and awards in Tenancy Tribunal application 4920076 — net $6,170.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 20/02/2024 – 5/03/2024	$878.57	Rent arrears 20/02/2024 – 5/03/2024
Previous order application 4723999 dated 19/02/2024	$885.73	Previous order application 4723999 dated 19/02/2024
Water rates	$108.96	Water rates
Window repairs: October 2023	$299.00	Window repairs: October 2023
Rubbish removal	$950.48	Rubbish removal
Cleaning	$334.13	Cleaning
Lawns	$120.00	Lawns
Replace furnishings: toilet roll holder and towel rail	$161.00	Replace furnishings: toilet roll holder and towel rail
Repairs: and repaint walls	$1,598.50	Repairs: and repaint walls
Repairs: assess oven	$63.25	Repairs: assess oven
Replace furnishings: oven	$750.25	Replace furnishings: oven
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,170.31
Total payable by Tenant to Landlord	$6,170.31

Order

Blighty Kanawa must pay [The landlord/s] $6,170.31 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 19 February 2024 under application 4723999.

Reasons

The landlords’ representatives attended the hearing. The tenant did not attend. I continued in his absence as he has been served by post and email and I am satisfied these methods are likely to bring the application to his notice.
The landlord has applied for rent arrears and compensation for costs and damage following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 5 March 2024 by bailiff eviction after a previous order of the Tribunal terminating the tenancy.
On 19 February 2024, the Tribunal made an order relating to this tenancy, for rent arrears to that date and termination of the tenancy. The previous order is incorporated into this order for enforcement purposes.
The landlord provided rent records and water rates invoices which prove the additional amounts owing up to the date of eviction.

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 did not leave the premises reasonably clean and tidy and did not remove all belongings and rubbish.
I award the amount of the invoices for cleaning, lawn mowing, and removal of three trailer loads of rubbish.

Is the tenant responsible for the damage to the premises?

A landlord must prove that any 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.
Tenants are liable for the cost of repairing damage that is intentional. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
The following damage was caused during the tenancy: a. A window was broken and had to be repaired in October 2023; b. The toilet roll holder and bathroom towel rail had to be replaced as had come off the wall and were missing; c. Four internal walls and one door had been drawn on with vivid and two walls had children’s stickers stuck on to them; d. There were nine small to medium sized holes in various walls; e. The oven door had come off and was not able to be repaired.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The insurance excess is $550.00. The oven and bathroom fittings were new at the start of this tenancy. The tenancy was 15 months long.
I award the full amounts of all invoices. There were multiple areas of damage to the walls so multiple insurance excesses would have applied.
I also award the full amount of the cost for a replacement oven and accept the oral evidence that a tradesperson inspected the oven and advised that the broken door could not be repaired. The landlord’s insurance does not cover intentional damage and the tradesperson told the property manager that it appeared the oven door had been jumped on.
The landlord has substantially succeeded with the claim, so I award the filing fee and suppress its name, as sought.

Tenancy Tribunal case 4920076 — Property damage

At a glance

Tenancy Tribunal case 4920076 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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