What was Tenancy Tribunal case 5025448 about?

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

How much money was awarded in case 5025448?

Cleaning: $517.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $184.00 awarded to landlord; Rehang Curtains: $120.75 awarded to landlord; Walls and Doors: $1,150.00 awarded to landlord

What type of tenancy dispute was case 5025448?

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

Where can I read the official tribunal order for case 5025448?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12177515-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5025448 about?

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

How much money was awarded in case 5025448?

Cleaning: $517.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $184.00 awarded to landlord; Rehang Curtains: $120.75 awarded to landlord; Walls and Doors: $1,150.00 awarded to landlord

What type of tenancy dispute was case 5025448?

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

Where can I read the official tribunal order for case 5025448?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12177515-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5025448 — Property damage

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New Zealand Tenancy Tribunal Case 5025448 — Property damage | 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 5025448 — net $1,999.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$517.50	Cleaning
Lawns and Garden work	$184.00	Lawns and Garden work
Repairs: Rehang curtains	$120.75	Repairs: Rehang curtains
Repairs: Walls and doors	$1,150.00	Repairs: Walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,999.25
Total payable by Tenant to Landlord	$1,999.25

Claims and awards for application 5025448 — net $1,999.25 NZD. Verify on MoJ.

Cleaning

Amount: $517.50
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $184.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Rehang curtains

Amount: $120.75
Awarded to: Landlord
Reason: Repairs: Rehang curtains

Repairs: Walls and doors

Amount: $1,150.00
Awarded to: Landlord
Reason: Repairs: Walls and doors

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Mahanga Eru and Rangi Raroa must pay [The landlord/s] $1,999.25 immediately, calculated as shown in table below.

Reasons

The landlord attended this video rehearing.
The tenants did not attend the hearing by Teams video link. Telephone calls were made to the tenants on the numbers provided at the allocated hearing time. The calls were either not responded to or went directly 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 to the tenants.
The landlord has applied for compensation 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenants did not leave the premises reasonably clean and tidy. The landlord provided photos showing the condition of the premises at the commencement of the tenancy and photos showing the condition at the end of the tenancy. The post tenancy photos make it clear that the premises had not been left reasonably clean and tidy by the tenants. An invoice for cleaning of $517.50 was provided.
The lawns were not mown at the end of the tenancy. The landlord provided an invoice for $184.00.
The curtains had been detached in almost all of the rooms. The landlord provided photos of the curtains. An invoice for the rehanging of curtains for $120.75 was provided
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. The landlord is insured for tenant damage. The policy of insurance carries an excess of $1500.00.
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: walls and doors were damaged throughout the premises. Photos were provided by the landlord showing the damage. The landlord seeks compensation for $1,150.00 and has provided an invoice. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this hearing and suppression of the landlord’s name and details is ordered.

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 5025448 — net $1,999.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$517.50	Cleaning
Lawns and Garden work	$184.00	Lawns and Garden work
Repairs: Rehang curtains	$120.75	Repairs: Rehang curtains
Repairs: Walls and doors	$1,150.00	Repairs: Walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,999.25
Total payable by Tenant to Landlord	$1,999.25

Claims and awards for application 5025448 — net $1,999.25 NZD. Verify on MoJ.

Cleaning

Amount: $517.50
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $184.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Rehang curtains

Amount: $120.75
Awarded to: Landlord
Reason: Repairs: Rehang curtains

Repairs: Walls and doors

Amount: $1,150.00
Awarded to: Landlord
Reason: Repairs: Walls and doors

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Mahanga Eru and Rangi Raroa must pay [The landlord/s] $1,999.25 immediately, calculated as shown in table below.

Reasons

The landlord attended this video rehearing.
The tenants did not attend the hearing by Teams video link. Telephone calls were made to the tenants on the numbers provided at the allocated hearing time. The calls were either not responded to or went directly 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 to the tenants.
The landlord has applied for compensation 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenants did not leave the premises reasonably clean and tidy. The landlord provided photos showing the condition of the premises at the commencement of the tenancy and photos showing the condition at the end of the tenancy. The post tenancy photos make it clear that the premises had not been left reasonably clean and tidy by the tenants. An invoice for cleaning of $517.50 was provided.
The lawns were not mown at the end of the tenancy. The landlord provided an invoice for $184.00.
The curtains had been detached in almost all of the rooms. The landlord provided photos of the curtains. An invoice for the rehanging of curtains for $120.75 was provided
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. The landlord is insured for tenant damage. The policy of insurance carries an excess of $1500.00.
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: walls and doors were damaged throughout the premises. Photos were provided by the landlord showing the damage. The landlord seeks compensation for $1,150.00 and has provided an invoice. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim I must order the tenants to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this hearing and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5025448 — Property damage

At a glance

Tenancy Tribunal case 5025448 — 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