How much money was awarded in case 5014050?

Cleaning: $550.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $194.94 awarded to landlord; Excess On Paint And Plastering: $550.00 awarded to landlord; Excess On Plumbing: $550.00 awarded to landlord; Water Rates: $55.75 awarded to landlord

What type of tenancy dispute was case 5014050?

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

Where can I read the official tribunal order for case 5014050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11312151-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5014050?

Cleaning: $550.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $194.94 awarded to landlord; Excess On Paint And Plastering: $550.00 awarded to landlord; Excess On Plumbing: $550.00 awarded to landlord; Water Rates: $55.75 awarded to landlord

What type of tenancy dispute was case 5014050?

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

Where can I read the official tribunal order for case 5014050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11312151-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5014050 — Property damage

Q: What was Tenancy Tribunal case 5014050 about?

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

Order

Claims and awards in Tenancy Tribunal application 5014050 — net $1,927.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$55.75	Water rates
Repairs: Excess on paint and plastering	$550.00	Repairs: Excess on paint and plastering
Repairs: Excess on plumbing	$550.00	Repairs: Excess on plumbing
Carpet Cleaning: Excess on cleaning and repairs	$550.00	Carpet Cleaning: Excess on cleaning and repairs
Lock/key replacement	$194.94	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,927.69
Bond	$2,260.00
Total payable by Tenant to Landlord	$1,927.69

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

Seini Tu'itupou and Viliami Tu'itupou to pay [The landlord/s] $1,927.69 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,260.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,927.69 Seini Tu'itupou and Viliami Tu'itupou: $332.31

Reasons

The landlord attended this video hearing.

The tenants did not attend the hearing by Teams video link. Telephone calls were made to both tenants on the numbers provided at the allocated hearing time. The calls were not responded to. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice was given.

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

How much is owed for water rates?

The tenancy ended on 29 August 2024.The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $55.75.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must return all keys and security devices See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not return all the keys. The landlord provided an invoice for $194.94 for lock and ley replacement.

The amounts ordered is proven.

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. The landlord is insured. The excess on the policy is $550.00 on each and every claim.

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: A hairbrush was jammed in the toilet on the upper floor. It was so far down the pipe that plumbers were called. The plumbers unsuccessfully attempted to plunge the toilet. The brush was down the drain and a tight fit. The plumbers returned and cut into the gib on the ceiling on the lower floor of the premises, below the toilet to gain access to the drain line. They found the pipe, removed the brush and then retested. An invoice for $1,219.96 was provided. The landlord is insured and the tenant is ordered to pay the excess of $550.00. The hole made in the ceiling needed to be repaired and it was plastered and painted. An invoice for $1,081.00 was provided. The landlord is insured. The tenants is ordered to pay the excess of $550.00. The carpet was damaged. Five areas of black ink were found on the carpet at the end of the tenancy. Repairs and cleaning of the carpet was carried out at a cost of $920.00. The landlord is insured. The tenant is ordered to pay the excess of $550.00. In each claim, the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proven.

As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord name and details is ordered.

Claims and awards in Tenancy Tribunal application 5014050 — net $1,927.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$55.75	Water rates
Repairs: Excess on paint and plastering	$550.00	Repairs: Excess on paint and plastering
Repairs: Excess on plumbing	$550.00	Repairs: Excess on plumbing
Carpet Cleaning: Excess on cleaning and repairs	$550.00	Carpet Cleaning: Excess on cleaning and repairs
Lock/key replacement	$194.94	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,927.69
Bond	$2,260.00
Total payable by Tenant to Landlord	$1,927.69

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Seini Tu'itupou and Viliami Tu'itupou to pay [The landlord/s] $1,927.69 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,260.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,927.69 Seini Tu'itupou and Viliami Tu'itupou: $332.31

Reasons

The landlord attended this video hearing.
The tenants did not attend the hearing by Teams video link. Telephone calls were made to both tenants on the numbers provided at the allocated hearing time. The calls were not responded to. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice was given.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 29 August 2024.The landlord provided water rates invoices which prove the amount owing at the end of the tenancy was $55.75.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must return all keys and security devices See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return all the keys. The landlord provided an invoice for $194.94 for lock and ley replacement.
The amounts ordered is proven.

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. The landlord is insured. The excess on the policy is $550.00 on each and every claim.
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: A hairbrush was jammed in the toilet on the upper floor. It was so far down the pipe that plumbers were called. The plumbers unsuccessfully attempted to plunge the toilet. The brush was down the drain and a tight fit. The plumbers returned and cut into the gib on the ceiling on the lower floor of the premises, below the toilet to gain access to the drain line. They found the pipe, removed the brush and then retested. An invoice for $1,219.96 was provided. The landlord is insured and the tenant is ordered to pay the excess of $550.00. The hole made in the ceiling needed to be repaired and it was plastered and painted. An invoice for $1,081.00 was provided. The landlord is insured. The tenants is ordered to pay the excess of $550.00. The carpet was damaged. Five areas of black ink were found on the carpet at the end of the tenancy. Repairs and cleaning of the carpet was carried out at a cost of $920.00. The landlord is insured. The tenant is ordered to pay the excess of $550.00. In each claim, the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proven.
As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 5014050 — Property damage

At a glance

Tenancy Tribunal case 5014050 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Order

Reasons

How much is owed for 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