How much money was awarded in case 5036270?

Filing Fee: $27.00 awarded to landlord; Rubbish Removal: $4,600.00 awarded to landlord

What type of tenancy dispute was case 5036270?

The dispute type was not classified.

Where can I read the official tribunal order for case 5036270?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11234559-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5036270?

Filing Fee: $27.00 awarded to landlord; Rubbish Removal: $4,600.00 awarded to landlord

What type of tenancy dispute was case 5036270?

The dispute type was not classified.

Where can I read the official tribunal order for case 5036270?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11234559-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5036270 — Tenancy dispute

Q: What was Tenancy Tribunal case 5036270 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 5036270 — net $4,291.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning, Rubbish removal and Damage repairs	$4,600.00	Cleaning, Rubbish removal and Damage repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,291.00
Total payable by Tenant to Landlord	$4,291.00

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

Siitia Falesefulu must pay [The landlord/s] $4,291.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $336.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant was called on the number provided but there was no response.

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

The tenancy was ended by order of the Tribunal and ended on 30 August 2024. DescriptionLandlord Cleaning, Rubbish removal and Damage repairs$4,600.00 Filing fee reimbursement$27.00 Total award$4,627.00 Minus Bond$336.00 Total payable by Tenant to Landlord$4,291.00

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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord advised that the property was left in a very poor condition and the exit inspection photographs were provided which confirmed this.

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 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: Multiple holes in walls in bedroom 1 and the lounge, damage to curtains due to smoking inside, damage in the kitchen due to rotting food left on cabinetry and the floor. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Having considered the evidence and the extent of the damage I find that the damage was intentional.

The amounts ordered are proved. An invoice has been provided from Actions Property Services for the cleaning, rubbish removal and damage repairs totalling $4600.00.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee and suppress the landlord details in the order as applied for. See sections 102(4) and 95A(1) Residential Tenancies Act 1986.

Order

Claims and awards in Tenancy Tribunal application 5036270 — net $4,291.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning, Rubbish removal and Damage repairs	$4,600.00	Cleaning, Rubbish removal and Damage repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,291.00
Total payable by Tenant to Landlord	$4,291.00

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

Siitia Falesefulu must pay [The landlord/s] $4,291.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $336.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant was called on the number provided but there was no response.

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?

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved. An invoice has been provided from Actions Property Services for the cleaning, rubbish removal and damage repairs totalling $4600.00.

Tenancy Tribunal case 5036270 — Tenancy dispute

At a glance

Tenancy Tribunal case 5036270 — Tenancy dispute

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