How much money was awarded in case 5048845?

Cleaning: $1,558.49 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4932393 D…: $4,587.00 awarded to landlord; Rent Arrears: $1,771.71 awarded to landlord; Fence: $500.00 awarded to landlord; Replace Furnishings: Blinds: $469.20 awarded to landlord; Kitchen Vinyl: $2,400.00 awarded to landlord; Rubbish Removal: $393.88 awarded to landlord

What type of tenancy dispute was case 5048845?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 5048845?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11332286-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5048845?

Cleaning: $1,558.49 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4932393 D…: $4,587.00 awarded to landlord; Rent Arrears: $1,771.71 awarded to landlord; Fence: $500.00 awarded to landlord; Replace Furnishings: Blinds: $469.20 awarded to landlord; Kitchen Vinyl: $2,400.00 awarded to landlord; Rubbish Removal: $393.88 awarded to landlord

What type of tenancy dispute was case 5048845?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 5048845?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11332286-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5048845 — Property damage

Q: What was Tenancy Tribunal case 5048845 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 5048845 — net $9,227.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1/09/2024	$1,771.71	Rent arrears to 1/09/2024
Previous order application 4932393 dated 15/08/2024	$4,587.00	Previous order application 4932393 dated 15/08/2024
Cleaning: including carpet cleaning	$1,558.49	Cleaning: including carpet cleaning
Rubbish removal	$393.88	Rubbish removal
Replace furnishings: carpet and vinyl	$2,400.00	Replace furnishings: carpet and vinyl
Replace furnishings: blinds	$469.20	Replace furnishings: blinds
Repairs: fence	$500.00	Repairs: fence
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,227.28
Total payable by Tenant to Landlord	$9,227.28

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

Gracie Ibbotson and Judas Robertson must pay [The landlord/s] $9,227.28 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 16 August 2024 under application 4932393.

Reasons

Only the landlord’s representative attended the hearing held by video conference. I continued the hearing without the tenants’ present as they could not be contacted by telephone and have been emailed notice of the hearing date and time to their addresses for service.

The landlord has applied for rent arrears and compensation following the end of the tenancy.

The tenancy ended on 1 September 2024 after the tenants failed to comply with a previous conditional termination order.

The previous order was made on 15 August 2024 and awarded $4,587.00 to the landlord, for rent arrears of $4,117.00 and an insurance excess for the cooktop of $470.00. The previous order 4932393 is incorporated into this order for enforcement purposes.

The landlord provided rent records which prove the additional amount of rent owing to the end of the tenancy is $1,771.71. Cleaning and rubbish removal claims

The tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish, as they are required to do by section 40(1)(e)(iii) Residential Tenancies Act 1986 (RTA).

The amount claimed for cleaning is high, but I have awarded the full invoice because it includes attempts to clean stains and marks from the carpet and vinyl throughout the house. All other areas of the house also needed cleaning.

I award the claim for costs to remove items left behind including a trampoline, outdoor table, and chemical toilet.

Are the tenants responsible for the damage to the premises?

A landlord must prove that any 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.

Tenants are liable for the cost of repairing damage that is intentional. See section 49B(1) RTA.

The following damage was caused during the tenancy:- a. The carpet in the main bedroom and a second bedroom was damaged by multiple small burn marks and stains that could not be removed. b. The lino in the living areas and bathroom was damaged also by burns (including a large burn in the bathroom), a stain from what appeared to be nail polish or paint, and rust marks. c. The roller blinds in the main bedroom (two) and second bedroom were damaged as the surface had come away in large patches. d. The roller blinds in the living area were stained and the bottom rails had been removed leaving frayed and torn edging. e. A section of the boundary fence had been cut through including two of the supporting posts (reportedly this was done by the tenants so that they could remove their caravan from the section). The fence was reinstalled but left inadequately secured.

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

The landlord does have insurance and the damage is covered.

I accept that it was reasonable to replace the carpet, vinyl and blinds throughout the house because there were multiple areas damaged in five rooms in the house including the living area.

I award compensation as follows:- a. The total cost to the landlord to replace the carpet and vinyl is $3,461.00 (after the insurance settlement). I award $2,400.00 to be paid by the tenants. I have reduced the compensation to recognise that the hallway, third bedroom and en-suite flooring was not damaged but has been replaced to match the rest of the house. The deduction allows for betterment in that the house now contains new flooring. If there had been no damage, the landlord could have expected the flooring to be three years old and showing signs of normal wear and tear. The amount awarded is less than the amount of five excesses of $500.00 deducted by the insurer. b. The cost to the landlord to replace the blinds is $469.20 after the insurance settlement. I award this amount. The insurer did not apply additional excesses which has benefitted both parties. c. I accept that it is reasonable to repair the section of damaged fence to make sure it is secure and does not fall or lean. This was discussed during the hearing, and I agreed to award $700.00 towards the estimated cost to do this. After the hearing, I noted that the insurer has allowed for this claim and applied an excess of $500.00 so I reduce the award to this amount.

The amounts ordered are proved as invoices and insurance details were supplied.

The landlord has been successful with the claim, so I award the filing fee and suppress its name, as sought.

The bond has already been refunded to the landlord and is accounted for in the amount payable. The balance is payable by the tenants. The parties can make a payment arrangement between themselves if they choose to do so.

Claims and awards in Tenancy Tribunal application 5048845 — net $9,227.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1/09/2024	$1,771.71	Rent arrears to 1/09/2024
Previous order application 4932393 dated 15/08/2024	$4,587.00	Previous order application 4932393 dated 15/08/2024
Cleaning: including carpet cleaning	$1,558.49	Cleaning: including carpet cleaning
Rubbish removal	$393.88	Rubbish removal
Replace furnishings: carpet and vinyl	$2,400.00	Replace furnishings: carpet and vinyl
Replace furnishings: blinds	$469.20	Replace furnishings: blinds
Repairs: fence	$500.00	Repairs: fence
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,227.28
Total payable by Tenant to Landlord	$9,227.28

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Gracie Ibbotson and Judas Robertson must pay [The landlord/s] $9,227.28 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 16 August 2024 under application 4932393.

Reasons

Only the landlord’s representative attended the hearing held by video conference. I continued the hearing without the tenants’ present as they could not be contacted by telephone and have been emailed notice of the hearing date and time to their addresses for service.
The landlord has applied for rent arrears and compensation following the end of the tenancy.
The tenancy ended on 1 September 2024 after the tenants failed to comply with a previous conditional termination order.
The previous order was made on 15 August 2024 and awarded $4,587.00 to the landlord, for rent arrears of $4,117.00 and an insurance excess for the cooktop of $470.00. The previous order 4932393 is incorporated into this order for enforcement purposes.
The landlord provided rent records which prove the additional amount of rent owing to the end of the tenancy is $1,771.71. Cleaning and rubbish removal claims
The tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish, as they are required to do by section 40(1)(e)(iii) Residential Tenancies Act 1986 (RTA).
The amount claimed for cleaning is high, but I have awarded the full invoice because it includes attempts to clean stains and marks from the carpet and vinyl throughout the house. All other areas of the house also needed cleaning.
I award the claim for costs to remove items left behind including a trampoline, outdoor table, and chemical toilet.

Are the tenants responsible for the damage to the premises?

A landlord must prove that any 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.
Tenants are liable for the cost of repairing damage that is intentional. See section 49B(1) RTA.
The following damage was caused during the tenancy:- a. The carpet in the main bedroom and a second bedroom was damaged by multiple small burn marks and stains that could not be removed. b. The lino in the living areas and bathroom was damaged also by burns (including a large burn in the bathroom), a stain from what appeared to be nail polish or paint, and rust marks. c. The roller blinds in the main bedroom (two) and second bedroom were damaged as the surface had come away in large patches. d. The roller blinds in the living area were stained and the bottom rails had been removed leaving frayed and torn edging. e. A section of the boundary fence had been cut through including two of the supporting posts (reportedly this was done by the tenants so that they could remove their caravan from the section). The fence was reinstalled but left inadequately secured.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord does have insurance and the damage is covered.
I accept that it was reasonable to replace the carpet, vinyl and blinds throughout the house because there were multiple areas damaged in five rooms in the house including the living area.
I award compensation as follows:- a. The total cost to the landlord to replace the carpet and vinyl is $3,461.00 (after the insurance settlement). I award $2,400.00 to be paid by the tenants. I have reduced the compensation to recognise that the hallway, third bedroom and en-suite flooring was not damaged but has been replaced to match the rest of the house. The deduction allows for betterment in that the house now contains new flooring. If there had been no damage, the landlord could have expected the flooring to be three years old and showing signs of normal wear and tear. The amount awarded is less than the amount of five excesses of $500.00 deducted by the insurer. b. The cost to the landlord to replace the blinds is $469.20 after the insurance settlement. I award this amount. The insurer did not apply additional excesses which has benefitted both parties. c. I accept that it is reasonable to repair the section of damaged fence to make sure it is secure and does not fall or lean. This was discussed during the hearing, and I agreed to award $700.00 towards the estimated cost to do this. After the hearing, I noted that the insurer has allowed for this claim and applied an excess of $500.00 so I reduce the award to this amount.
The amounts ordered are proved as invoices and insurance details were supplied.
The landlord has been successful with the claim, so I award the filing fee and suppress its name, as sought.
The bond has already been refunded to the landlord and is accounted for in the amount payable. The balance is payable by the tenants. The parties can make a payment arrangement between themselves if they choose to do so.

Tenancy Tribunal case 5048845 — Property damage

At a glance

Tenancy Tribunal case 5048845 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions