What was Tenancy Tribunal case 4970593 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 4970593?

Property Damage: $120.00 awarded to landlord; Paint Wall: $100.00 awarded to landlord; Wall Brackets: $389.00 awarded to landlord; Smoke Alarms: $45.00 awarded to landlord; Water Rates: $321.27 awarded to landlord

What type of tenancy dispute was case 4970593?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4970593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11100242-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4970593 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 4970593?

Property Damage: $120.00 awarded to landlord; Paint Wall: $100.00 awarded to landlord; Wall Brackets: $389.00 awarded to landlord; Smoke Alarms: $45.00 awarded to landlord; Water Rates: $321.27 awarded to landlord

What type of tenancy dispute was case 4970593?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4970593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11100242-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4970593 — Property damage

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New Zealand Tenancy Tribunal Case 4970593 — 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 4970593 — net $975.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$321.27	Water rates
Repairs: Wall brackets	$389.00	Repairs: Wall brackets
Replace smoke alarms	$45.00	Replace smoke alarms
Repairs: Paint wall	$100.00	Repairs: Paint wall
Lock/key replacement	$120.00	Lock/key replacement
Net award	$975.27
Bond	$2,120.00
Total payable by Tenant to Landlord	$975.27

Claims and awards for application 4970593 — net $975.27 NZD. Verify on MoJ.

Water rates

Amount: $321.27
Awarded to: Landlord
Reason: Water rates

Repairs: Wall brackets

Amount: $389.00
Awarded to: Landlord
Reason: Repairs: Wall brackets

Replace smoke alarms

Amount: $45.00
Awarded to: Landlord
Reason: Replace smoke alarms

Repairs: Paint wall

Amount: $100.00
Awarded to: Landlord
Reason: Repairs: Paint wall

Lock/key replacement

Amount: $120.00
Awarded to: Landlord
Reason: Lock/key replacement

Dismissed claims

Cleaning — for that reason.

Claim types — money lines allowed on this order

Property damage Replace Smoke Alarms Water Rates Cleanliness

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant/Landlord names and identifying details.
[The tenant/s] to pay [The landlord/s] $975.27 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,120.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $975.27 [The tenant/s]: $1,144.73

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant has applied for release of the bond and reimbursement of the filing fee.

How much is owed water rates?

The landlord claimed that $321.27 is owing for water rates to the end of the tenancy and the tenant agreed.

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 claims that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The tenant disputes this. This is a claim by the landlord and the burden of proving the claim is with the landlord. No supporting evidence such as photos was provided by the landlord to the Tribunal for the hearing. The landlord has not met the evidential burden and the claim for cleaning, including the claim for cleaning the concrete, is dismissed for that reason.
The tenant did not return the keys. The tenant accepted the claim for locksmith costs of $120.00.
The landlord had to replace the smoke alarm and the tenant accepted the claim for $45.00.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 following damage was caused during the tenancy: Damage was caused to walls and the landlord claimed $100.00 which the tenant accepted.
The amounts ordered are proved.
Both parties have achieved a degree of success and I make not order regarding the reimbursement of the filing fee.
Both parties applied for name suppression. Both parties have been substantially successful and suppression of the landlord and tenant names and details 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 4970593 — net $975.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$321.27	Water rates
Repairs: Wall brackets	$389.00	Repairs: Wall brackets
Replace smoke alarms	$45.00	Replace smoke alarms
Repairs: Paint wall	$100.00	Repairs: Paint wall
Lock/key replacement	$120.00	Lock/key replacement
Net award	$975.27
Bond	$2,120.00
Total payable by Tenant to Landlord	$975.27

Claims and awards for application 4970593 — net $975.27 NZD. Verify on MoJ.

Water rates

Amount: $321.27
Awarded to: Landlord
Reason: Water rates

Repairs: Wall brackets

Amount: $389.00
Awarded to: Landlord
Reason: Repairs: Wall brackets

Replace smoke alarms

Amount: $45.00
Awarded to: Landlord
Reason: Replace smoke alarms

Repairs: Paint wall

Amount: $100.00
Awarded to: Landlord
Reason: Repairs: Paint wall

Lock/key replacement

Amount: $120.00
Awarded to: Landlord
Reason: Lock/key replacement

Dismissed claims

Cleaning — for that reason.

Claim types — money lines allowed on this order

Property damage Replace Smoke Alarms Water Rates Cleanliness

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant/Landlord names and identifying details.
[The tenant/s] to pay [The landlord/s] $975.27 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,120.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $975.27 [The tenant/s]: $1,144.73

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant has applied for release of the bond and reimbursement of the filing fee.

How much is owed water rates?

The landlord claimed that $321.27 is owing for water rates to the end of the tenancy and the tenant agreed.

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 claims that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The tenant disputes this. This is a claim by the landlord and the burden of proving the claim is with the landlord. No supporting evidence such as photos was provided by the landlord to the Tribunal for the hearing. The landlord has not met the evidential burden and the claim for cleaning, including the claim for cleaning the concrete, is dismissed for that reason.
The tenant did not return the keys. The tenant accepted the claim for locksmith costs of $120.00.
The landlord had to replace the smoke alarm and the tenant accepted the claim for $45.00.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 following damage was caused during the tenancy: Damage was caused to walls and the landlord claimed $100.00 which the tenant accepted.
The amounts ordered are proved.
Both parties have achieved a degree of success and I make not order regarding the reimbursement of the filing fee.
Both parties applied for name suppression. Both parties have been substantially successful and suppression of the landlord and tenant names and details is ordered.

Tenancy Tribunal case 4970593 — Property damage

At a glance

Tenancy Tribunal case 4970593 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed 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

Dismissed claims

Order

Reasons

How much is owed 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