What was Tenancy Tribunal case 5037828 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 5037828?

Cleaning: $290.00 awarded to landlord; Cleaning: $570.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $889.67 awarded to landlord; Property Damage: $1,020.00 awarded to landlord; Property Damage: $3,700.00 awarded to landlord; Rubbish Removal: $650.00 awarded to landlord

What type of tenancy dispute was case 5037828?

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

Where can I read the official tribunal order for case 5037828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11388751-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5037828 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 5037828?

Cleaning: $290.00 awarded to landlord; Cleaning: $570.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $889.67 awarded to landlord; Property Damage: $1,020.00 awarded to landlord; Property Damage: $3,700.00 awarded to landlord; Rubbish Removal: $650.00 awarded to landlord

What type of tenancy dispute was case 5037828?

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

Where can I read the official tribunal order for case 5037828?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11388751-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5037828 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5037828 — net $7,146.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$570.00	Cleaning
Carpet cleaning	$290.00	Carpet cleaning
Rubbish removal	$650.00	Rubbish removal
Lock/key replacement	$889.67	Lock/key replacement
Glass repairs	$1,020.00	Glass repairs
Repairs to walls & doors	$3,700.00	Repairs to walls & doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,146.67
Total payable by Tenant to Landlord	$7,146.67

Only the landlord, represented by [The landlord/s representative] attended the hearing. The tenants did not attend at the scheduled time. The start of the hearing was delayed, however, there was still no appearance by the tenants. As the tenants had been notified, the hearing proceeded in their absence.

This tenancy began on 31 October 2018 and came to an end on 6 May 2024.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been paid to the landlord following an earlier order of the Tribunal.

Did the tenants 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 landlord claims cleaning, carpet cleaning and rubbish removal costs. The landlord has provided evidence, including invoices and inspection reports, with photographs showing the condition of the premises at the end of the tenancy, and prior to the tenancy commencing. This evidence establishes that the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was a significant amount of rubbish left behind, including furniture, and further cleaning was required.

The tenants did not return the keys, so the landlord incurred the cost of changing the locks for three separate doors. The relevant invoice has been provided.

The amounts ordered are proved. General principles regarding responsibility for damage

The landlord claims compensation for damage. To be successful, 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 of the RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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) of the 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) of the 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) of the RTA.

The landlord advises that it is not insured for tenant damage.

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) of the 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.

Are the tenants responsible for the damage to the premises?

From the photographic, oral, and documentary evidence produced by the landlord, I am satisfied that the following damage was caused during the tenancy: a. Front door glass, which was smashed in two separate places, and had to be replaced: $570.00 ($285.00 x 2) b. Lounge/conservatory glass: $450.00 c. Damage to multiple walls and doors throughout the house. The total repair cost was $3,700.00, comprising the following: i. Hallway: damage to walls in various areas ii. Lounge: door damage iii. Bedroom 1: walls and door, doorframe was removed and had to be replaced. iv. Bedroom 2: closet doors were damaged and had drawings and holes. v. Bedroom 3: the door and multiple walls were damaged vi. Kitchen: door damage.

The above damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

An invoice for the remedial work has been produced. The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Name suppression and filing fee

An application for suppression has been made by the landlord. The Tribunal orders suppression of the landlord’s name and identifying details, in view of the landlord being successful in the proceedings.

The landlord’s request for the filing fee is awarded on the same basis.

Reasons

Claims and awards in Tenancy Tribunal application 5037828 — net $7,146.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$570.00	Cleaning
Carpet cleaning	$290.00	Carpet cleaning
Rubbish removal	$650.00	Rubbish removal
Lock/key replacement	$889.67	Lock/key replacement
Glass repairs	$1,020.00	Glass repairs
Repairs to walls & doors	$3,700.00	Repairs to walls & doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,146.67
Total payable by Tenant to Landlord	$7,146.67

This tenancy began on 31 October 2018 and came to an end on 6 May 2024.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been paid to the landlord following an earlier order of the Tribunal.

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

The tenants did not return the keys, so the landlord incurred the cost of changing the locks for three separate doors. The relevant invoice has been provided.

The amounts ordered are proved. General principles regarding responsibility for damage

The landlord advises that it is not insured for tenant damage.

Are the tenants responsible for the damage to the premises?

The above damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

An invoice for the remedial work has been produced. The amounts ordered are proved.

The landlord’s request for the filing fee is awarded on the same basis.

Tenancy Tribunal case 5037828 — Property damage

At a glance

Tenancy Tribunal case 5037828 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

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

Are the tenants 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 tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions