How much money was awarded in case 5039608?

Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $30.00 awarded to landlord; Previous Order Application 4966720 D…: $2,811.71 awarded to landlord; Property Damage: $193.00 awarded to landlord; Property Damage: $351.16 awarded to landlord; Removal Of Bathroom Shelf: $100.00 awarded to landlord; Replace Curtains: $400.00 awarded to landlord; Replace Shower Drain Cover: $50.00 awarded to landlord; Rubbish Removal: $560.00 awarded to landlord; Smoke Alarms: $30.00 awarded to landlord

What type of tenancy dispute was case 5039608?

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

Where can I read the official tribunal order for case 5039608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11139575-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5039608?

Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lightbulbs: $30.00 awarded to landlord; Previous Order Application 4966720 D…: $2,811.71 awarded to landlord; Property Damage: $193.00 awarded to landlord; Property Damage: $351.16 awarded to landlord; Removal Of Bathroom Shelf: $100.00 awarded to landlord; Replace Curtains: $400.00 awarded to landlord; Replace Shower Drain Cover: $50.00 awarded to landlord; Rubbish Removal: $560.00 awarded to landlord; Smoke Alarms: $30.00 awarded to landlord

What type of tenancy dispute was case 5039608?

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

Where can I read the official tribunal order for case 5039608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11139575-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5039608 — Property damage

Q: What was Tenancy Tribunal case 5039608 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 5039608 — net $4,752.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4966720 dated 18/09/2024	$2,811.71	Previous order application 4966720 dated 18/09/2024
Cleaning	$200.00	Cleaning
Rubbish removal	$560.00	Rubbish removal
Lock/key replacement	$193.00	Lock/key replacement
Window repairs	$351.16	Window repairs
Replace smoke alarms	$30.00	Replace smoke alarms
Replace curtains	$400.00	Replace curtains
Removal of bathroom shelf	$100.00	Removal of bathroom shelf
Replace shower drain cover	$50.00	Replace shower drain cover
Replace light bulbs	$30.00	Replace light bulbs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,752.87
Total payable by Tenant to Landlord	$4,752.87

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

Mark Truesdale must pay [The landlord/s] $4,752.87 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 18 September 2024 under application 4966720.

Reasons

The landlord attended the hearing.

Unfortunately, there was no answer when the Tribunal attempted to telephone the tenant.

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

On 18 September 2024 the Tribunal made an order relating to this tenancy, for termination of the tenancy, rent arrears to 18/9/2024, the filing fee and refund of the bond.

The previous order is incorporated into this order for enforcement purposes.

Did the tenant comply with his 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 must also replace standard light bulbs.

The landlord claimed compensation of $1,013.00 as follows: a. $200.00 cleaning b. $560.00 for rubbish removal, including a trailer, c. $193.00 for changing locks, d. $30.00 for replacement of three light bulbs, e. $30.00 for replacement of two smoke alarms.

In support of the claim the landlord provided entry and exit reports with photographs dated 20/10/2020 and 23/9/2024 respectively and invoices.

I am satisfied by the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

The landlord had to replace light bulbs and smoke alarms.

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.

The landlord claimed compensation of $901.16 as follows: a. $400.00 curtain replacement, b. $100.00 for removal of a bathroom shelf, c. $50.00 for replacement of a shower drain cover, d. $351.16 for window repairs

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.

I am persuaded by the evidence that damage was caused during the tenancy to curtains and windows and that a shelf in the bathroom needed removal and a shower drain cover was missing.

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

The amounts ordered are proved.

I have not taken into account betterment and depreciation for the curtains because the amount claimed is only a portion of the total cost of curtain replacement.

As [The applicant/s] has wholly succeeded with the claim I must award the filing fee.

Suppression is granted to the landlord pursuant to section 95A because they wholly succeeded with the claim.

Claims and awards in Tenancy Tribunal application 5039608 — net $4,752.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4966720 dated 18/09/2024	$2,811.71	Previous order application 4966720 dated 18/09/2024
Cleaning	$200.00	Cleaning
Rubbish removal	$560.00	Rubbish removal
Lock/key replacement	$193.00	Lock/key replacement
Window repairs	$351.16	Window repairs
Replace smoke alarms	$30.00	Replace smoke alarms
Replace curtains	$400.00	Replace curtains
Removal of bathroom shelf	$100.00	Removal of bathroom shelf
Replace shower drain cover	$50.00	Replace shower drain cover
Replace light bulbs	$30.00	Replace light bulbs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,752.87
Total payable by Tenant to Landlord	$4,752.87

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Mark Truesdale must pay [The landlord/s] $4,752.87 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 18 September 2024 under application 4966720.

Reasons

The landlord attended the hearing.
Unfortunately, there was no answer when the Tribunal attempted to telephone the tenant.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
On 18 September 2024 the Tribunal made an order relating to this tenancy, for termination of the tenancy, rent arrears to 18/9/2024, the filing fee and refund of the bond.
The previous order is incorporated into this order for enforcement purposes.

Did the tenant comply with his 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 must also replace standard light bulbs.
The landlord claimed compensation of $1,013.00 as follows: a. $200.00 cleaning b. $560.00 for rubbish removal, including a trailer, c. $193.00 for changing locks, d. $30.00 for replacement of three light bulbs, e. $30.00 for replacement of two smoke alarms.
In support of the claim the landlord provided entry and exit reports with photographs dated 20/10/2020 and 23/9/2024 respectively and invoices.
I am satisfied by the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The landlord had to replace light bulbs and smoke alarms.
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.
The landlord claimed compensation of $901.16 as follows: a. $400.00 curtain replacement, b. $100.00 for removal of a bathroom shelf, c. $50.00 for replacement of a shower drain cover, d. $351.16 for window repairs
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.
I am persuaded by the evidence that damage was caused during the tenancy to curtains and windows and that a shelf in the bathroom needed removal and a shower drain cover was missing.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have not taken into account betterment and depreciation for the curtains because the amount claimed is only a portion of the total cost of curtain replacement.
As [The applicant/s] has wholly succeeded with the claim I must award the filing fee.
Suppression is granted to the landlord pursuant to section 95A because they wholly succeeded with the claim.

Tenancy Tribunal case 5039608 — Property damage

At a glance

Tenancy Tribunal case 5039608 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with his 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 his 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