How much money was awarded in case 5021937?

Cleaning: $690.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4964617 D…: $2,982.05 awarded to landlord; Property Damage: $1,300.71 awarded to landlord

What type of tenancy dispute was case 5021937?

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

Where can I read the official tribunal order for case 5021937?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11277483-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5021937?

Cleaning: $690.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4964617 D…: $2,982.05 awarded to landlord; Property Damage: $1,300.71 awarded to landlord

What type of tenancy dispute was case 5021937?

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

Where can I read the official tribunal order for case 5021937?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11277483-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5021937 — Property damage

Q: What was Tenancy Tribunal case 5021937 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 5021937 — net $4,999.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4964617 dated 19/09/2024	$2,982.05	Previous order application 4964617 dated 19/09/2024
Cleaning	$690.00	Cleaning
Repairs	$1,300.71	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,999.76
Total payable by Tenant to Landlord	$4,999.76

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

Cassidy Maree Roiall must pay [The landlord/s] $4,999.76 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 19 September 2024 under application 4964617.

Reasons

The landlord attended this video hearing.

The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. 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 of the hearing was given.

The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy. The order will also consolidate a previous Tribunal order.

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. 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. The landlord provided extensive photographic evidence and invoices in support of the claim.

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. The landlord is not insured.

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 shower handpiece had been removed. • The bathroom ceiling was damaged. The bathroom had both a ventilation unit and window. The room had been painted at the commencement of the tenancy. The landlord says that the tenant did not properly ventilate the room. • The curtains in the lounge had been removed. The curtains were less than a year old. • A wall was damaged by what appears to be a kick or punch. The damage required a large area of plaster board to be removed and new gib installed. The area was plastered, sanded and painted. The area had been painted at the commencement of the tenancy.

The landlord provided photos of the damage and a copy of the invoice for repairs.

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

The amounts ordered are proven.

On 19 September 2024, the Tribunal made an order relating to this tenancy, for rent arrears to the end of the tenancy on 6 September 2024, water rates arrears and the filing fee. The previous order is incorporated into this order for enforcement purposes.

As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

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

Claims and awards in Tenancy Tribunal application 5021937 — net $4,999.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4964617 dated 19/09/2024	$2,982.05	Previous order application 4964617 dated 19/09/2024
Cleaning	$690.00	Cleaning
Repairs	$1,300.71	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,999.76
Total payable by Tenant to Landlord	$4,999.76

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Cassidy Maree Roiall must pay [The landlord/s] $4,999.76 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 19 September 2024 under application 4964617.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. 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 of the hearing was given.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy. The order will also consolidate a previous Tribunal order.

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. 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. The landlord provided extensive photographic evidence and invoices in support of the claim.
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. The landlord is not insured.
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 shower handpiece had been removed. • The bathroom ceiling was damaged. The bathroom had both a ventilation unit and window. The room had been painted at the commencement of the tenancy. The landlord says that the tenant did not properly ventilate the room. • The curtains in the lounge had been removed. The curtains were less than a year old. • A wall was damaged by what appears to be a kick or punch. The damage required a large area of plaster board to be removed and new gib installed. The area was plastered, sanded and painted. The area had been painted at the commencement of the tenancy.
The landlord provided photos of the damage and a copy of the invoice for repairs.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proven.
On 19 September 2024, the Tribunal made an order relating to this tenancy, for rent arrears to the end of the tenancy on 6 September 2024, water rates arrears and the filing fee. The previous order is incorporated into this order for enforcement purposes.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been wholly successful in this hearing and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 5021937 — Property damage

At a glance

Tenancy Tribunal case 5021937 — 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