How much money was awarded in case 5070326?

Cleaning: $632.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $242.65 awarded to landlord; Property Damage: $2,113.99 awarded to landlord; Property Damage: $611.51 awarded to landlord; Rent Arrears: $2,541.43 awarded to landlord; Water Rates: $50.67 awarded to landlord

What type of tenancy dispute was case 5070326?

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

Where can I read the official tribunal order for case 5070326?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11973305-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5070326?

Cleaning: $632.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $242.65 awarded to landlord; Property Damage: $2,113.99 awarded to landlord; Property Damage: $611.51 awarded to landlord; Rent Arrears: $2,541.43 awarded to landlord; Water Rates: $50.67 awarded to landlord

What type of tenancy dispute was case 5070326?

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

Where can I read the official tribunal order for case 5070326?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11973305-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5070326 — Property damage

Q: What was Tenancy Tribunal case 5070326 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 5070326 — net $2,219.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 December 2024	$2,541.43	Rent arrears to 4 December 2024
Water rates to end of tenancy	$50.67	Water rates to end of tenancy
Lock/key replacement	$242.65	Lock/key replacement
Cleaning: (including carpet cleaning	$632.50	Cleaning: (including carpet cleaning
Repairs (including mattress disposal	$2,113.99	Repairs (including mattress disposal
Electrical fittings replacement/repair	$611.51	Electrical fittings replacement/repair
Filing fee reimbursement	$27.00	icant/s] has wholly succeeded with the claim I must reimburse the filing fee of $27.00.
Net award	$2,219.75
Total payable by Tenant to Landlord	$2,219.75

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

The Bond Centre is to pay the bond of $4,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Chi Nguyen is to pay the sum of $2,219.75 to [The landlord/s] immediately.

Reasons

Only the landlord attended the hearing, represented by Mr Bray.

There was no appearance by the tenant. I am satisfied that the tenant has been served with the landlord’s application and so the hearing proceeded in the tenant’s absence.

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

How much is owed for rent and water rates?

The tenancy ended on 4 December 2024 after the tenant gave notice.

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy as follows: a. Rent to 4 December 2024 - $2,541.43 b. Water to 4 December 2024 - $50.76

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 (RTA).

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord produced photos from the end of the tenancy showing that the tenants had moved out without cleaning and left rubbish behind.

The landlord produced an invoice from PB Cleaning in the amount of $632.50 for cleaning the house and carpet. This invoice is reasonable in all the circumstances and I order accordingly.

The tenant did not return the keys. The landlord therefore had to have the locks replaced and new keys cut. The landlord produced an invoice in the amount of $242.65 from Sail City Locksmiths. I consider this amount to be reasonable and order accordingly.

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.

When the landlord took back possession of the tenancy property they discovered various round holes cut in the walls that had been hidden by pictures hung over the holes or items being placed in front of them. There was also a hole cut in the floor.

The landlord produced photos showing the condition of the property at both the entry and exit inspection. The landlord produced an invoice from Highly Handy Ltd in the amount of $2,113.99 for repairing the damage to the walls and floor, together with disposal of a mattress left at the property.

I am satisfied that the damage occurred during the tenancy and is more than fair wear and tear. The amount claimed is reasonable and I order accordingly.

The landlord said that there was also electrical damage to the property. When they entered they found that some electrical items worked but others didn’t including the alarm. It appeared that the tenants had tampered with the electrical system.

The landlord consulted an electrician who attended, confirmed the damage, and did repairs. The landlord produced an invoice from AF Electrical Limited in the amount of $611.51 for checking the electrical cables and doing repairs. This claim is proved. Filing fee and name suppression

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee of $27.00.

The landlord has sought an order for name suppression and is entitled to an order as the successful party under section 95A RTA.

Claims and awards in Tenancy Tribunal application 5070326 — net $2,219.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 December 2024	$2,541.43	Rent arrears to 4 December 2024
Water rates to end of tenancy	$50.67	Water rates to end of tenancy
Lock/key replacement	$242.65	Lock/key replacement
Cleaning: (including carpet cleaning	$632.50	Cleaning: (including carpet cleaning
Repairs (including mattress disposal	$2,113.99	Repairs (including mattress disposal
Electrical fittings replacement/repair	$611.51	Electrical fittings replacement/repair
Filing fee reimbursement	$27.00	icant/s] has wholly succeeded with the claim I must reimburse the filing fee of $27.00.
Net award	$2,219.75
Total payable by Tenant to Landlord	$2,219.75

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The Bond Centre is to pay the bond of $4,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Chi Nguyen is to pay the sum of $2,219.75 to [The landlord/s] immediately.

Reasons

Only the landlord attended the hearing, represented by Mr Bray.
There was no appearance by the tenant. I am satisfied that the tenant has been served with the landlord’s application and so the hearing proceeded in the tenant’s absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 4 December 2024 after the tenant gave notice.
The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy as follows: a. Rent to 4 December 2024 - $2,541.43 b. Water to 4 December 2024 - $50.76

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 (RTA).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord produced photos from the end of the tenancy showing that the tenants had moved out without cleaning and left rubbish behind.
The landlord produced an invoice from PB Cleaning in the amount of $632.50 for cleaning the house and carpet. This invoice is reasonable in all the circumstances and I order accordingly.
The tenant did not return the keys. The landlord therefore had to have the locks replaced and new keys cut. The landlord produced an invoice in the amount of $242.65 from Sail City Locksmiths. I consider this amount to be reasonable and order accordingly.

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.
When the landlord took back possession of the tenancy property they discovered various round holes cut in the walls that had been hidden by pictures hung over the holes or items being placed in front of them. There was also a hole cut in the floor.
The landlord produced photos showing the condition of the property at both the entry and exit inspection. The landlord produced an invoice from Highly Handy Ltd in the amount of $2,113.99 for repairing the damage to the walls and floor, together with disposal of a mattress left at the property.
I am satisfied that the damage occurred during the tenancy and is more than fair wear and tear. The amount claimed is reasonable and I order accordingly.
The landlord said that there was also electrical damage to the property. When they entered they found that some electrical items worked but others didn’t including the alarm. It appeared that the tenants had tampered with the electrical system.
The landlord consulted an electrician who attended, confirmed the damage, and did repairs. The landlord produced an invoice from AF Electrical Limited in the amount of $611.51 for checking the electrical cables and doing repairs. This claim is proved. Filing fee and name suppression
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee of $27.00.
The landlord has sought an order for name suppression and is entitled to an order as the successful party under section 95A RTA.

Tenancy Tribunal case 5070326 — Property damage

At a glance

Tenancy Tribunal case 5070326 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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