How much money was awarded in case 5010328?

Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $82.14 awarded to landlord

What type of tenancy dispute was case 5010328?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5010328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11330191-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5010328?

Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $82.14 awarded to landlord

What type of tenancy dispute was case 5010328?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5010328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11330191-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5010328 — Cleanliness

Q: What was Tenancy Tribunal case 5010328 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5010328 — net $209.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 August 2024	$82.14	Rent arrears to 27 August 2024
Carpet Cleaning	$100.00	Carpet Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$209.14
Bond	$551.15
Total payable by Tenant to Landlord	$209.14

An application for suppression has been made in this case, and the Tribunal orders suppression of both the Tenant and Landlord names and identifying details.

[The tenant/s] owes [The landlord] $209.14, and to be paid from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $551.15 ([Bond number suppressed]) immediately apportioned as follows: [The landlord]: $209.14 [The tenant]: $342.01

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

At the beginning of the hearing the landlord withdrew it’s claim for $69.00 for lawn mowing. The tenant confirmed she had the lawns professionally mowed the week before she moved out and that with rain the lawn had grown a bit but was generally tidy.

How much is owed for rent?

The tenancy ended on 27 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

During the hearing the tenant queried the date she had given notice and stated that she had moved out on 26 August 2024. Therefore, she had not paid the final day of rent the landlord was seeking.

The property manager produced evidence that on 2 August 2024 the tenant was sent a confirmation notice that acknowledged her notice and confirmed the last day of her tenancy would be 27 August 2024. The property manager says the tenant never acknowledged receipt of this confirmation notice but that it was sent to the email address the landlord had on file for her.

The tenant accepted that she owed the $82.14 claimed by the landlord.

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 tenant accepts her toddler made two marks on the carpet, one in the lounge and one in the bedroom and says that these stains were accidental. She has agreed to pay $100.00 towards the carpet stain removal costs sought by the landlord and the landlord has accepted this contribution. $100.00 towards the cost of having the carpet stains removed is ordered. Reimbursement of filing fee

Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Name suppression

The landlord applies for non-publication of its name and identifying details.

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.

The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.

Non-publication is ordered.

The tenant made an application during the hearing for her name and identifying details to be suppressed. The tenant left the premise in a reasonably clean and tidy state, and she had tried to remedy some of the damage that occurred to the carpet and the one day rent arrears was an oversight.

I am satisfied that the public interest in this matter does not outweigh the significant duress publishing the tenant’s name could result in when she applies for future tenancies. I therefore used my discretion to grant her suppression of her name and identifying details.

Order

Claims and awards in Tenancy Tribunal application 5010328 — net $209.14 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 August 2024	$82.14	Rent arrears to 27 August 2024
Carpet Cleaning	$100.00	Carpet Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$209.14
Bond	$551.15
Total payable by Tenant to Landlord	$209.14

An application for suppression has been made in this case, and the Tribunal orders suppression of both the Tenant and Landlord names and identifying details.

[The tenant/s] owes [The landlord] $209.14, and to be paid from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $551.15 ([Bond number suppressed]) immediately apportioned as follows: [The landlord]: $209.14 [The tenant]: $342.01

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 27 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

During the hearing the tenant queried the date she had given notice and stated that she had moved out on 26 August 2024. Therefore, she had not paid the final day of rent the landlord was seeking.

The tenant accepted that she owed the $82.14 claimed by the landlord.

Is the tenant responsible for the damage to the premises?

Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Name suppression

The landlord applies for non-publication of its name and identifying details.

Non-publication is ordered.

Tenancy Tribunal case 5010328 — Cleanliness

At a glance

Tenancy Tribunal case 5010328 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions