What was Tenancy Tribunal case 4940832 about?

The tribunal order states: Paul Thomas Gaffigan must pay [The landlord/s] $77.40 immediately,

How much money was awarded in case 4940832?

Cleaning: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Walls (10 Yr Depn - 60% Awarded: $1,061.40 awarded to landlord; Replace Furnishings: Curtains: $159.00 awarded to landlord

What type of tenancy dispute was case 4940832?

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

Where can I read the official tribunal order for case 4940832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10791602-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4940832 about?

The tribunal order states: Paul Thomas Gaffigan must pay [The landlord/s] $77.40 immediately,

How much money was awarded in case 4940832?

Cleaning: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Walls (10 Yr Depn - 60% Awarded: $1,061.40 awarded to landlord; Replace Furnishings: Curtains: $159.00 awarded to landlord

What type of tenancy dispute was case 4940832?

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

Where can I read the official tribunal order for case 4940832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10791602-Tribunal_Order_Redacted.pdf.

40 Shakespeare Road, Bluff Hill, Napier 4110 Tenancy Tribunal Case 4940832 — Property damage

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40 Shakespeare Road, Bluff Hill, Napier 4110 Tenancy Tribunal Case 4940832 — 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 4940832 — net $77.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$230.00	Cleaning
Replace furnishings: Curtains	$159.00	Replace furnishings: Curtains
Repairs: Walls (10 yr depn - 60% awarded	$1,061.40	Repairs: Walls (10 yr depn - 60% awarded
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$77.40
Total payable by Tenant to Landlord	$77.40

Claims and awards for application 4940832 — net $77.40 NZD. Verify on MoJ.

Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Cleaning

Replace furnishings: Curtains

Amount: $159.00
Awarded to: Landlord
Reason: Replace furnishings: Curtains

Repairs: Walls (10 yr depn - 60% awarded

Amount: $1,061.40
Awarded to: Landlord
Reason: Repairs: Walls (10 yr depn - 60% awarded

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $77.40

Total payable by Tenant to Landlord

Landlord $77.40

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Paul Thomas Gaffigan must pay [The landlord/s] $77.40 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord has applied for compensation, refund of the bond, 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, 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.
The landlord sought $230.00 compensation for the cost of cleaning. The tenant explained he had injured himself during the move out and could not clean the premises. He accepted the need for cleaning and the cost claimed.
The landlord had to replace curtains at a cost of $159.00. This was due to irreparable damage due to what appears to be mould on the curtains. This is awarded.
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 walls in the lounge and bedrooms were damaged during the tenancy. The damage considered is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The premises were painted not long before this tenancy of four years. The ingoing inspection report shows the walls in decent condition. The xit photos show some damage to the walls, mostly from furniture or such rather than any intentional damage. Bedroom 2 was the worst and the tenant stated there was an ongoing issue with dampness in that room. I explained that this, and any related claims, should form a tenant application and could not be considered here. Such an application is for him to pursue if he wants.
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 walls at the start of the tenancy and their likely useful lifespan. I have adopted a ten-year economic life for the painted wall. This equates to a 60% award of the invoiced repair costs. Filing fee
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord requested suppression in its application. As it has been substantially successful, suppression is ordered.

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 4940832 — net $77.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$230.00	Cleaning
Replace furnishings: Curtains	$159.00	Replace furnishings: Curtains
Repairs: Walls (10 yr depn - 60% awarded	$1,061.40	Repairs: Walls (10 yr depn - 60% awarded
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$77.40
Total payable by Tenant to Landlord	$77.40

Claims and awards for application 4940832 — net $77.40 NZD. Verify on MoJ.

Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Cleaning

Replace furnishings: Curtains

Amount: $159.00
Awarded to: Landlord
Reason: Replace furnishings: Curtains

Repairs: Walls (10 yr depn - 60% awarded

Amount: $1,061.40
Awarded to: Landlord
Reason: Repairs: Walls (10 yr depn - 60% awarded

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $77.40

Total payable by Tenant to Landlord

Landlord $77.40

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Paul Thomas Gaffigan must pay [The landlord/s] $77.40 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,400.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing, conducted via teleconference.
The landlord has applied for compensation, refund of the bond, 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, 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.
The landlord sought $230.00 compensation for the cost of cleaning. The tenant explained he had injured himself during the move out and could not clean the premises. He accepted the need for cleaning and the cost claimed.
The landlord had to replace curtains at a cost of $159.00. This was due to irreparable damage due to what appears to be mould on the curtains. This is awarded.
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 walls in the lounge and bedrooms were damaged during the tenancy. The damage considered is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The premises were painted not long before this tenancy of four years. The ingoing inspection report shows the walls in decent condition. The xit photos show some damage to the walls, mostly from furniture or such rather than any intentional damage. Bedroom 2 was the worst and the tenant stated there was an ongoing issue with dampness in that room. I explained that this, and any related claims, should form a tenant application and could not be considered here. Such an application is for him to pursue if he wants.
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 walls at the start of the tenancy and their likely useful lifespan. I have adopted a ten-year economic life for the painted wall. This equates to a 60% award of the invoiced repair costs. Filing fee
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
The landlord requested suppression in its application. As it has been substantially successful, suppression is ordered.

Tenancy Tribunal case 4940832 — Property damage at 40 Shakespeare Road, Bluff Hill, Napier 4110

At a glance

Tenancy Tribunal case 4940832 — Property damage at 40 Shakespeare Road, Bluff Hill, Napier 4110

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