How much money was awarded in case 5001670?

Cleaning: $480.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $315.00 awarded to landlord; Property Damage: $2,200.00 awarded to landlord; Rubbish Removal: $550.00 awarded to landlord

What type of tenancy dispute was case 5001670?

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

Where can I read the official tribunal order for case 5001670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10868894-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5001670?

Cleaning: $480.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $315.00 awarded to landlord; Property Damage: $2,200.00 awarded to landlord; Rubbish Removal: $550.00 awarded to landlord

What type of tenancy dispute was case 5001670?

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

Where can I read the official tribunal order for case 5001670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10868894-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 31 Halsey Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5001670 — Property damage

Q: What was the outcome of Tenancy Tribunal case 5001670?

The tribunal order states: Patrick Penitiketo Metali Koula Mei Loma must pay The Rent Shop Limited As

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Order

Claims and awards in Tenancy Tribunal application 5001670 — net $1,292.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$480.00	Cleaning
Rubbish removal: and waste bin hire	$550.00	Rubbish removal: and waste bin hire
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repairs: wall repairs and materials	$315.00	Repairs: wall repairs and materials
Replace furnishings: Insurance excess on carpet replacement	$2,200.00	Replace furnishings: Insurance excess on carpet replacement
Net award	$1,292.00
Total payable by Tenant to Landlord	$1,292.00

Patrick Penitiketo Metali Koula Mei Loma must pay The Rent Shop Limited As Agent For Brian Moore & Vicky Rattray $1,292.00 immediately for compensation, calculated as shown in table below. DescriptionLandlord Cleaning$480.00 Rubbish removal: and waste bin hire$550.00 Filing fee reimbursement$27.00 Repairs: wall repairs and materials$315.00 Replace furnishings: Insurance excess on carpet replacement $2,200.00 Total award$3,572.00 Minus Bond-$2,280.00 Total payable by Tenant to Landlord$1,292.00

The Bond Centre is to pay the bond of $2,280.00 (3369598-009) to The Rent Shop Limited As Agent For Brian Moore & Vicky Rattray immediately.

Reasons

The landlord attended the hearing, the tenant did not attend. I rang the mobile number for the tenant twice, but it disconnected without ringing. The tenant was served with the notice of hearing and so I am proceeding with the hearing in his absence.

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 has provided the Tribunal with an exit report dated 14 July 2024, with photos and invoices for the cost of the cleaning and rubbish removal.

The report and photos show that the tenant left the property unclean and untidy. There was rubbish left inside and outside of the property.

The landlord provided invoices for $430.00 for bin hire and $120 for labour to remove rubbish. An invoice for $480.00 for a full house clean.

I am satisfied that the landlord has proven her claim for the cleaning and rubbish removal.

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: -The carpet in 3 bedrooms and the lounge were very heavily stained with paint or markers. The damage was extensive and could not be cleaned nor re-rented in that condition. The carpet was replaced in those 4 rooms. -The paintwork and walls were damaged, with holes, drawing and bad scuff marks and dirt.

The landlord sought to claim for the carpet on insurance. The insurance claim was accepted, and the carpet was replaced. The landlord had to pay 4 separate excess costs for each room. The total excess charged by the insurance company was $2200.00. The landlord seeks to be reimbursed for the cost of the insurance excess.

The landlord repaired the walls himself and provided an invoice for $315.00 for the cost of the repairs and the products needed to do the work.

The tenant damaged the carpet badly and caused considerable damage to the walls. The landlord should be put back into the same condition he would have been in had the tenant not breached his obligations under the tenancy agreement and residential Tenancies Act 1986.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts claimed for the carpet and wall damage is proved.

Because The Rent Shop Limited As Agent For Brian Moore & Vicky Rattray has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5001670 — net $1,292.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$480.00	Cleaning
Rubbish removal: and waste bin hire	$550.00	Rubbish removal: and waste bin hire
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repairs: wall repairs and materials	$315.00	Repairs: wall repairs and materials
Replace furnishings: Insurance excess on carpet replacement	$2,200.00	Replace furnishings: Insurance excess on carpet replacement
Net award	$1,292.00
Total payable by Tenant to Landlord	$1,292.00

The Bond Centre is to pay the bond of $2,280.00 (3369598-009) to The Rent Shop Limited As Agent For Brian Moore & Vicky Rattray immediately.

Reasons

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?

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord has provided the Tribunal with an exit report dated 14 July 2024, with photos and invoices for the cost of the cleaning and rubbish removal.

The report and photos show that the tenant left the property unclean and untidy. There was rubbish left inside and outside of the property.

The landlord provided invoices for $430.00 for bin hire and $120 for labour to remove rubbish. An invoice for $480.00 for a full house clean.

I am satisfied that the landlord has proven her claim for the cleaning and rubbish removal.

Is the tenant responsible for the damage to the premises?

The landlord repaired the walls himself and provided an invoice for $315.00 for the cost of the repairs and the products needed to do the work.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts claimed for the carpet and wall damage is proved.

Because The Rent Shop Limited As Agent For Brian Moore & Vicky Rattray has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5001670 — Property damage at Unit/Flat 1, 31 Halsey Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5001670 — Property damage at Unit/Flat 1, 31 Halsey Road, Manurewa, Auckland 2102

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

Property management

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

Property management

Frequently asked questions