What was Tenancy Tribunal case 4986108 about?

The tribunal order states: This order is issued under the slip rule

How much money was awarded in case 4986108?

Cleaning: $235.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $319.70 awarded to landlord; Rubbish Removal: $825.00 awarded to landlord

What type of tenancy dispute was case 4986108?

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

Where can I read the official tribunal order for case 4986108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11130639-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4986108 about?

The tribunal order states: This order is issued under the slip rule

How much money was awarded in case 4986108?

Cleaning: $235.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $319.70 awarded to landlord; Rubbish Removal: $825.00 awarded to landlord

What type of tenancy dispute was case 4986108?

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

Where can I read the official tribunal order for case 4986108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11130639-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4986108 — Property damage

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New Zealand Tenancy Tribunal Case 4986108 — 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 4986108 — net $1,407.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$235.75	Cleaning
Window repairs	$319.70	Window repairs
Rubbish removal	$825.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,407.25
Total payable by Tenant to Landlord	$1,407.25

Claims and awards for application 4986108 — net $1,407.25 NZD. Verify on MoJ.

Cleaning

Amount: $235.75
Awarded to: Landlord
Reason: Cleaning

Window repairs

Amount: $319.70
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $825.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $1,407.25

Total payable by Tenant to Landlord

Landlord $1,407.25

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

This order is issued under the slip rule 1 due to an error in the amount due in the order issued 22 November 2024. This order replaces that order. No other detail is changed.
An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Nicole Hayley Bensemann must pay [landlord] $1,407.25 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call went unanswered and to voicemail. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.
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, 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 rubbish. A significant amount of abandoned items required removal and storage, before subsequent disposal. Photos from the landlord prove these requirements as well as the need for some cleaning. The invoices for the required efforts were produced by the landlord and they are award in full.
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.
A window was broken during the tenancy. A photo and invoice establish the damage and cost of repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The full invoice cost is awarded. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse 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 wholly 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 4986108 — net $1,407.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$235.75	Cleaning
Window repairs	$319.70	Window repairs
Rubbish removal	$825.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,407.25
Total payable by Tenant to Landlord	$1,407.25

Claims and awards for application 4986108 — net $1,407.25 NZD. Verify on MoJ.

Cleaning

Amount: $235.75
Awarded to: Landlord
Reason: Cleaning

Window repairs

Amount: $319.70
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $825.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $1,407.25

Total payable by Tenant to Landlord

Landlord $1,407.25

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

This order is issued under the slip rule 1 due to an error in the amount due in the order issued 22 November 2024. This order replaces that order. No other detail is changed.
An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Nicole Hayley Bensemann must pay [landlord] $1,407.25 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, conducted via video. The tenant did not join and a call out was made. The call went unanswered and to voicemail. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.
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, 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 rubbish. A significant amount of abandoned items required removal and storage, before subsequent disposal. Photos from the landlord prove these requirements as well as the need for some cleaning. The invoices for the required efforts were produced by the landlord and they are award in full.
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.
A window was broken during the tenancy. A photo and invoice establish the damage and cost of repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The full invoice cost is awarded. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse 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 wholly successful, suppression is ordered.

Tenancy Tribunal case 4986108 — Property damage

At a glance

Tenancy Tribunal case 4986108 — Property damage

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