How much money was awarded in case 4920293?

Cleaning: $240.00 awarded to landlord; Cleaning: $83.95 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $17.25 awarded to landlord; Property Damage: $2,600.83 awarded to landlord; Replace Furnishings: Curtains: $267.95 awarded to landlord; Lightbulbs: $6.27 awarded to landlord; Rubbish Removal: $51.75 awarded to landlord

What type of tenancy dispute was case 4920293?

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

Where can I read the official tribunal order for case 4920293?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10650233-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4920293?

Cleaning: $240.00 awarded to landlord; Cleaning: $83.95 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $17.25 awarded to landlord; Property Damage: $2,600.83 awarded to landlord; Replace Furnishings: Curtains: $267.95 awarded to landlord; Lightbulbs: $6.27 awarded to landlord; Rubbish Removal: $51.75 awarded to landlord

What type of tenancy dispute was case 4920293?

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

Where can I read the official tribunal order for case 4920293?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10650233-Tribunal_Order_Redacted.pdf.

22 Duff Crescent, Highbury, Palmerston North 4412 Tenancy Tribunal Case 4920293 — Property damage

Q: What was Tenancy Tribunal case 4920293 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 4920293 — net $1,428.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$240.00	Carpet Cleaning
Cleaning	$83.95	Cleaning
Rubbish removal	$51.75	Rubbish removal
Replace furnishings: curtains	$267.95	Replace furnishings: curtains
Replace furnishings: light bulb	$6.27	Replace furnishings: light bulb
Lawns and Garden work	$17.25	Lawns and Garden work
Repairs	$2,600.83	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,428.44
Total payable by Tenant to Landlord	$1,428.44

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

Abdullah Bin Abdul Shukor and Umi Kusum Amin Norhque must pay [The landlord/s] $1,428.44 immediately, calculated as shown in the table below. DescriptionLandlord Carpet Cleaning$240.00 Cleaning$83.95 Rubbish removal$51.75 Replace furnishings: curtains$267.95 Replace furnishings: light bulb$6.27 Lawns and Garden work$17.25 Repairs$2,600.83 Filing fee reimbursement$20.44 Total award$3,288.44 Bond$1,860.00 Total payable by Tenant to Landlord$1,428.44

Reasons

The landlord attended the hearing.

The tenant did not attend the hearing.

The landlord has applied for compensation 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 and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord provided photographic evidence that there were some small areas that required attention so that the premises were left reasonably clean and tidy. In addition, the landlord provided photographic evidence that there was a small amount of rubbish left behind in the recycling bin that had to be disposed of.

The landlord gave evidence that the carpets were stained and soiled and required commercial cleaning. It is appropriate that the tenant meet this cost as the carpets were new at the start of the tenancy and the tenant’s obligation is to leave the property reasonably clean and tidy, taking into account the condition of the property at the start of the tenancy.

The landlord had to replace a light bulb.

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.

The landlord provided photographic evidence and a report from a plumber that the vinyl, flooring and the vanity unit in the bathroom were damaged by the tenant not drawing the curtain over the bath so that water from the shower inundated the bathroom area. The damage is intentional because the tenant allowed the situation to continue, knowing that damage would result. The landlord advised that the tenant had agreed to liability for the damage and had signed over the bond to cover the costs.

The landlord provided photographic evidence that curtains which were new during the tenancy had been irreparably damaged due to mould damage and required replacement.

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

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4920293 — net $1,428.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$240.00	Carpet Cleaning
Cleaning	$83.95	Cleaning
Rubbish removal	$51.75	Rubbish removal
Replace furnishings: curtains	$267.95	Replace furnishings: curtains
Replace furnishings: light bulb	$6.27	Replace furnishings: light bulb
Lawns and Garden work	$17.25	Lawns and Garden work
Repairs	$2,600.83	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,428.44
Total payable by Tenant to Landlord	$1,428.44

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Abdullah Bin Abdul Shukor and Umi Kusum Amin Norhque must pay [The landlord/s] $1,428.44 immediately, calculated as shown in the table below. DescriptionLandlord Carpet Cleaning$240.00 Cleaning$83.95 Rubbish removal$51.75 Replace furnishings: curtains$267.95 Replace furnishings: light bulb$6.27 Lawns and Garden work$17.25 Repairs$2,600.83 Filing fee reimbursement$20.44 Total award$3,288.44 Bond$1,860.00 Total payable by Tenant to Landlord$1,428.44

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for compensation 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 and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord provided photographic evidence that there were some small areas that required attention so that the premises were left reasonably clean and tidy. In addition, the landlord provided photographic evidence that there was a small amount of rubbish left behind in the recycling bin that had to be disposed of.
The landlord gave evidence that the carpets were stained and soiled and required commercial cleaning. It is appropriate that the tenant meet this cost as the carpets were new at the start of the tenancy and the tenant’s obligation is to leave the property reasonably clean and tidy, taking into account the condition of the property at the start of the tenancy.
The landlord had to replace a light bulb.
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.
The landlord provided photographic evidence and a report from a plumber that the vinyl, flooring and the vanity unit in the bathroom were damaged by the tenant not drawing the curtain over the bath so that water from the shower inundated the bathroom area. The damage is intentional because the tenant allowed the situation to continue, knowing that damage would result. The landlord advised that the tenant had agreed to liability for the damage and had signed over the bond to cover the costs.
The landlord provided photographic evidence that curtains which were new during the tenancy had been irreparably damaged due to mould damage and required replacement.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4920293 — Property damage at 22 Duff Crescent, Highbury, Palmerston North 4412

At a glance

Tenancy Tribunal case 4920293 — Property damage at 22 Duff Crescent, Highbury, Palmerston North 4412

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