What was the outcome of Tenancy Tribunal case 5000688?

The tribunal order states: The tenancy of Amy De thierry at 18 Albert Street, Winton, Winton 9720 came

How much money was awarded in case 5000688?

Blind In The Bathroom: $180.00 awarded to landlord; Cleaning: $968.70 awarded to landlord; Door: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Kitchen Blind: $280.00 awarded to landlord; Lightbulbs: $40.00 awarded to landlord; Mirror: $20.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $40.00 awarded to landlord; Smoke Alarms: $50.00 awarded to landlord; Vanity: $300.00 awarded to landlord; Wall Clock: $21.50 awarded to landlord

What type of tenancy dispute was case 5000688?

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

Where can I read the official tribunal order for case 5000688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11120568-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5000688?

The tribunal order states: The tenancy of Amy De thierry at 18 Albert Street, Winton, Winton 9720 came

How much money was awarded in case 5000688?

Blind In The Bathroom: $180.00 awarded to landlord; Cleaning: $968.70 awarded to landlord; Door: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Kitchen Blind: $280.00 awarded to landlord; Lightbulbs: $40.00 awarded to landlord; Mirror: $20.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $40.00 awarded to landlord; Smoke Alarms: $50.00 awarded to landlord; Vanity: $300.00 awarded to landlord; Wall Clock: $21.50 awarded to landlord

What type of tenancy dispute was case 5000688?

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

Where can I read the official tribunal order for case 5000688?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11120568-Tenancy_Tribunal_Order.pdf.

18 Albert Street, Winton, Winton 9720 Tenancy Tribunal Case 5000688 — Cleanliness

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18 Albert Street, Winton, Winton 9720 Tenancy Tribunal Case 5000688 — Cleanliness | 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 5000688 — net $622.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Light bulbs/batteries	$40.00	Light bulbs/batteries
Wall clock	$21.50	Wall clock
Door	$100.00	Door
Cleaning	$968.70	Cleaning
Blind in the bathroom	$180.00	Blind in the bathroom
Mirror	$20.00	Mirror
Kitchen blind	$280.00	Kitchen blind
Replace smoke alarms: 10 year life smoke alarms	$50.00	Replace smoke alarms: 10 year life smoke alarms
Vanity	$300.00	Vanity
Contribution to french door damage	$200.00	Contribution to french door damage
Top Soil to fix the lawn where dog damaged	$40.00	Top Soil to fix the lawn where dog damaged
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$622.20
Total payable by Tenant to Landlord	$622.20

Claims and awards for application 5000688 — net $622.20 NZD. Verify on MoJ.

Light bulbs/batteries

Amount: $40.00
Awarded to: Landlord
Reason: Light bulbs/batteries

Wall clock

Amount: $21.50
Awarded to: Landlord
Reason: Wall clock

Door

Amount: $100.00
Awarded to: Landlord
Reason: Door

Cleaning

Amount: $968.70
Awarded to: Landlord
Reason: Cleaning

Blind in the bathroom

Amount: $180.00
Awarded to: Landlord
Reason: Blind in the bathroom

Mirror

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Replace Smoke Alarms

Order

The tenancy of Amy De thierry at 18 Albert Street, Winton, Winton 9720 came to an end on 14 October 2024 and possession is granted to Jenny Weir and Paul Donald, at that time.
The Bond Centre is to pay the bond of $1,605.00 (6070474-015) to Jenny Weir and Paul Donald immediately.
Amy De thierry must pay Jenny Weir and Paul Donald $622.20 immediately, calculated as shown in the table below:

Reasons

The tenant failed to attend the hearing. Ms Weir and Md Donald both attended in person.
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 photo evidence supplied shows this.
The following chattels were missing at the end of the tenancy: The mirror in the bedroom, kitchen blind and blind in the bathroom.
The landlord had to replace light bulbs and smoke alarm batteries.
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:
There was significant damage to the lawn where the tenants dog had dug a number of large holes. These needed to be refilled with soil.
The vanity in the bathroom had been removed away from the wall. The tenant explained that a child had done this. It needed to be replaced and repaired.
Two doors were damage by the dog scratching resulting in significant gauges out of the wood. One had also been kicked in and the evidence before me is that the tenants accepted this damage occurred.
A wall clock had also been damaged.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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 items at the start of the tenancy and their likely useful lifespan.
Because Jenny Weir, Paul Donald has wholly succeeded with the claim I must reimburse the filing fee.

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 5000688 — net $622.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Light bulbs/batteries	$40.00	Light bulbs/batteries
Wall clock	$21.50	Wall clock
Door	$100.00	Door
Cleaning	$968.70	Cleaning
Blind in the bathroom	$180.00	Blind in the bathroom
Mirror	$20.00	Mirror
Kitchen blind	$280.00	Kitchen blind
Replace smoke alarms: 10 year life smoke alarms	$50.00	Replace smoke alarms: 10 year life smoke alarms
Vanity	$300.00	Vanity
Contribution to french door damage	$200.00	Contribution to french door damage
Top Soil to fix the lawn where dog damaged	$40.00	Top Soil to fix the lawn where dog damaged
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$622.20
Total payable by Tenant to Landlord	$622.20

Claims and awards for application 5000688 — net $622.20 NZD. Verify on MoJ.

Light bulbs/batteries

Amount: $40.00
Awarded to: Landlord
Reason: Light bulbs/batteries

Wall clock

Amount: $21.50
Awarded to: Landlord
Reason: Wall clock

Door

Amount: $100.00
Awarded to: Landlord
Reason: Door

Cleaning

Amount: $968.70
Awarded to: Landlord
Reason: Cleaning

Blind in the bathroom

Amount: $180.00
Awarded to: Landlord
Reason: Blind in the bathroom

Mirror

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Replace Smoke Alarms

Order

The tenancy of Amy De thierry at 18 Albert Street, Winton, Winton 9720 came to an end on 14 October 2024 and possession is granted to Jenny Weir and Paul Donald, at that time.
The Bond Centre is to pay the bond of $1,605.00 (6070474-015) to Jenny Weir and Paul Donald immediately.
Amy De thierry must pay Jenny Weir and Paul Donald $622.20 immediately, calculated as shown in the table below:

Reasons

The tenant failed to attend the hearing. Ms Weir and Md Donald both attended in person.
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 photo evidence supplied shows this.
The following chattels were missing at the end of the tenancy: The mirror in the bedroom, kitchen blind and blind in the bathroom.
The landlord had to replace light bulbs and smoke alarm batteries.
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:
There was significant damage to the lawn where the tenants dog had dug a number of large holes. These needed to be refilled with soil.
The vanity in the bathroom had been removed away from the wall. The tenant explained that a child had done this. It needed to be replaced and repaired.
Two doors were damage by the dog scratching resulting in significant gauges out of the wood. One had also been kicked in and the evidence before me is that the tenants accepted this damage occurred.
A wall clock had also been damaged.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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 items at the start of the tenancy and their likely useful lifespan.
Because Jenny Weir, Paul Donald has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5000688 — Cleanliness at 18 Albert Street, Winton, Winton 9720

At a glance

Tenancy Tribunal case 5000688 — Cleanliness at 18 Albert Street, Winton, Winton 9720

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