What was Tenancy Tribunal case 4920474 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4920474?

Cleaning: $184.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $155.00 awarded to landlord; Methamphetamine Testing: $3,044.05 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rubbish Removal: $1,963.10 awarded to landlord

What type of tenancy dispute was case 4920474?

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

Where can I read the official tribunal order for case 4920474?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11023183-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4920474 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4920474?

Cleaning: $184.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $155.00 awarded to landlord; Methamphetamine Testing: $3,044.05 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rubbish Removal: $1,963.10 awarded to landlord

What type of tenancy dispute was case 4920474?

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

Where can I read the official tribunal order for case 4920474?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11023183-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4920474 — Property damage

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New Zealand Tenancy Tribunal Case 4920474 — 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 4920474 — net $6,573.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$1,963.10	Rubbish removal
Lawns and Garden work	$155.00	Lawns and Garden work
Carpet Cleaning	$184.00	Carpet Cleaning
Electrical fittings replacement/repair	$200.00	Electrical fittings replacement/repair
Wall and other repairs	$1,000.00	Wall and other repairs
Methamphetamine testing	$3,044.05	Methamphetamine testing
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,573.15
Total payable by Tenant to Landlord	$6,573.15

Claims and awards for application 4920474 — net $6,573.15 NZD. Verify on MoJ.

Rubbish removal

Amount: $1,963.10
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $155.00
Awarded to: Landlord
Reason: Lawns and Garden work

Carpet Cleaning

Amount: $184.00
Awarded to: Landlord
Reason: Carpet Cleaning

Electrical fittings replacement/repair

Amount: $200.00
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Wall and other repairs

Amount: $1,000.00
Awarded to: Landlord
Reason: Wall and other repairs

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Tara-Lee Froom must pay [the landlord] $6,573.15 immediately, calculated as shown in the table below.

Reasons

The landlord’s representative attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been paid to the landlord to cover compensation for damage to the premises during the tenancy not claimed in this application. The Tenant’s Obligations
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The tenant must not carelessly or intentionally damage the premises or use the premises for a lawful purpose.
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 full 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.
The Tribunal must consider 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 consider the age and condition of the items at the start of the tenancy and their likely useful lifespan. Claims
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The claims for rubbish removal, carpet cleaning and garden work are reasonable, and they were supported by photographs and invoices. The premises needed substantial cleaning, but there is no claim for cleaning costs because the premises underwent methamphetamine (meth) decontamination.
The premises needed electrical work because there were broken light fittings and an infestation of vermin that resulted in damaged electrical wiring. The landlord provided an invoice in the sum of $420.61 but it included items of routine maintenance. The landlord reduced the claim to $200 which I find reasonable.
There was damage to walls of the premises during the tenancy and it exceeds fair wear and tear. The damage was repaired and painted. There was also damage to a clothesline.
The landlord provided an invoice in the sum of $1,413.35 but the landlord accepted that the clothesline was near the end of its useful life anyway. I have therefore made a deduction for betterment and awarded $1,000 for repairs.
The landlord tested for meth during the tenancy and the tests were negative. At the end of the tenancy an indicative test was positive for meth and the landlord then had the premises professionally tested. It was also positive for meth with the result from one area of the premises well above the 15μg/100cm² level that the Tribunal accepts is the level above which meth contamination may be harmful to human health.
The landlord has had the premises decontaminated at considerable cost but makes no claim for that cost.
The landlord does claim the cost of the initial professional testing and the cost of the post contamination testing.
It is appropriate to award those costs to the landlord because the evidence shows that the premises were contaminated by meth during the tenancy. It was therefore reasonable for the landlord to undertake the first test.
It was also reasonable for the landlord to undertake some decontamination and therefore also a post decontamination test.
Overall, it is fair and reasonable to award the landlord the cost of both tests in the sum of $3,044.05. The landlord produced invoices to prove the cost.
The landlord has largely succeeded and so I have awarded the filing fee.
Because the landlord has ben substantially successful, I have granted its application for name suppression.

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 4920474 — net $6,573.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$1,963.10	Rubbish removal
Lawns and Garden work	$155.00	Lawns and Garden work
Carpet Cleaning	$184.00	Carpet Cleaning
Electrical fittings replacement/repair	$200.00	Electrical fittings replacement/repair
Wall and other repairs	$1,000.00	Wall and other repairs
Methamphetamine testing	$3,044.05	Methamphetamine testing
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,573.15
Total payable by Tenant to Landlord	$6,573.15

Claims and awards for application 4920474 — net $6,573.15 NZD. Verify on MoJ.

Rubbish removal

Amount: $1,963.10
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $155.00
Awarded to: Landlord
Reason: Lawns and Garden work

Carpet Cleaning

Amount: $184.00
Awarded to: Landlord
Reason: Carpet Cleaning

Electrical fittings replacement/repair

Amount: $200.00
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Wall and other repairs

Amount: $1,000.00
Awarded to: Landlord
Reason: Wall and other repairs

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Tara-Lee Froom must pay [the landlord] $6,573.15 immediately, calculated as shown in the table below.

Reasons

The landlord’s representative attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been paid to the landlord to cover compensation for damage to the premises during the tenancy not claimed in this application. The Tenant’s Obligations
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The tenant must not carelessly or intentionally damage the premises or use the premises for a lawful purpose.
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 full 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.
The Tribunal must consider 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 consider the age and condition of the items at the start of the tenancy and their likely useful lifespan. Claims
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The claims for rubbish removal, carpet cleaning and garden work are reasonable, and they were supported by photographs and invoices. The premises needed substantial cleaning, but there is no claim for cleaning costs because the premises underwent methamphetamine (meth) decontamination.
The premises needed electrical work because there were broken light fittings and an infestation of vermin that resulted in damaged electrical wiring. The landlord provided an invoice in the sum of $420.61 but it included items of routine maintenance. The landlord reduced the claim to $200 which I find reasonable.
There was damage to walls of the premises during the tenancy and it exceeds fair wear and tear. The damage was repaired and painted. There was also damage to a clothesline.
The landlord provided an invoice in the sum of $1,413.35 but the landlord accepted that the clothesline was near the end of its useful life anyway. I have therefore made a deduction for betterment and awarded $1,000 for repairs.
The landlord tested for meth during the tenancy and the tests were negative. At the end of the tenancy an indicative test was positive for meth and the landlord then had the premises professionally tested. It was also positive for meth with the result from one area of the premises well above the 15μg/100cm² level that the Tribunal accepts is the level above which meth contamination may be harmful to human health.
The landlord has had the premises decontaminated at considerable cost but makes no claim for that cost.
The landlord does claim the cost of the initial professional testing and the cost of the post contamination testing.
It is appropriate to award those costs to the landlord because the evidence shows that the premises were contaminated by meth during the tenancy. It was therefore reasonable for the landlord to undertake the first test.
It was also reasonable for the landlord to undertake some decontamination and therefore also a post decontamination test.
Overall, it is fair and reasonable to award the landlord the cost of both tests in the sum of $3,044.05. The landlord produced invoices to prove the cost.
The landlord has largely succeeded and so I have awarded the filing fee.
Because the landlord has ben substantially successful, I have granted its application for name suppression.

Tenancy Tribunal case 4920474 — Property damage

At a glance

Tenancy Tribunal case 4920474 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions