How much money was awarded in case 5082468?

Cleaning: $280.00 awarded to landlord; Cleaning: $828.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4996568 D…: $4,232.71 awarded to landlord; Property Damage: $503.53 awarded to landlord; Property Damage: $1,541.00 awarded to landlord; Rent Arrears: $1,645.72 awarded to landlord; Replace Furnishings: Curtains: $863.00 awarded to landlord; Rubbish Removal: $2,245.53 awarded to landlord

What type of tenancy dispute was case 5082468?

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

Where can I read the official tribunal order for case 5082468?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11406097-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5082468?

Cleaning: $280.00 awarded to landlord; Cleaning: $828.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4996568 D…: $4,232.71 awarded to landlord; Property Damage: $503.53 awarded to landlord; Property Damage: $1,541.00 awarded to landlord; Rent Arrears: $1,645.72 awarded to landlord; Replace Furnishings: Curtains: $863.00 awarded to landlord; Rubbish Removal: $2,245.53 awarded to landlord

What type of tenancy dispute was case 5082468?

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

Where can I read the official tribunal order for case 5082468?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11406097-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5082468 — Property damage

Q: What was Tenancy Tribunal case 5082468 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 5082468 — net $9,606.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,645.72	Rent arrears
Previous order application 4996568 dated 08/10/2024	$4,232.71	Previous order application 4996568 dated 08/10/2024
Lock/key replacement	$503.53	Lock/key replacement
Rubbish removal	$2,245.53	Rubbish removal
Repairs	$1,541.00	Repairs
Carpet Cleaning	$280.00	Carpet Cleaning
Replace furnishings: Curtains	$863.00	Replace furnishings: Curtains
Cleaning	$828.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,606.49
Total payable by Tenant to Landlord	$9,606.49

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

Malcolm Hough must pay [The landlord/s] $9,606.49 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,560.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this video hearing.

The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The Tribunal may make orders where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.

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?

The tenancy ended on 18 October 2024 by order of the Tribunal. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,645.71.

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

The carpets had to be commercially cleaned to remove the stains. An invoice and photos of the carpet were provided by the landlord.

The landlord provide extensive photos of the property interior and exterior. The photos show that the premises were not clean and tidy. They were in extremely poor condition. The cleaning costs are reasonable given that condition.

The rubbish removal costs are considerable. The transfer station dump fees incurred by the landlord are an indication of the amount of rubbish that had to be removed.

The tenant did not return the keys. An invoice for the three doors to the house and garage key was provided.

The following chattels were missing at the end of the tenancy: Curtains and curtain rails. Quotes for the replacement costs have been provided.

The amounts ordered are proven.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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: • The gates were removed by the tenant. • Curtain rails were removed by the tenant and had to be replaced and fitted. • Holes in the walls were repaired and plastered ready for painting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proven.

An order was made by the Tribunal under TT 4996568 on 8 October 2024 for the tenant to pay the landlord $4,232.71. That order has been included for enforcement purposes.

As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The landlord has applied for name suppression. The landlord has been wholly successful in this hearing and suppression of the landlord name and details is ordered.

Claims and awards in Tenancy Tribunal application 5082468 — net $9,606.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,645.72	Rent arrears
Previous order application 4996568 dated 08/10/2024	$4,232.71	Previous order application 4996568 dated 08/10/2024
Lock/key replacement	$503.53	Lock/key replacement
Rubbish removal	$2,245.53	Rubbish removal
Repairs	$1,541.00	Repairs
Carpet Cleaning	$280.00	Carpet Cleaning
Replace furnishings: Curtains	$863.00	Replace furnishings: Curtains
Cleaning	$828.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,606.49
Total payable by Tenant to Landlord	$9,606.49

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Malcolm Hough must pay [The landlord/s] $9,606.49 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,560.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The Tribunal may make orders where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
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?

The tenancy ended on 18 October 2024 by order of the Tribunal. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,645.71.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The carpets had to be commercially cleaned to remove the stains. An invoice and photos of the carpet were provided by the landlord.
The landlord provide extensive photos of the property interior and exterior. The photos show that the premises were not clean and tidy. They were in extremely poor condition. The cleaning costs are reasonable given that condition.
The rubbish removal costs are considerable. The transfer station dump fees incurred by the landlord are an indication of the amount of rubbish that had to be removed.
The tenant did not return the keys. An invoice for the three doors to the house and garage key was provided.
The following chattels were missing at the end of the tenancy: Curtains and curtain rails. Quotes for the replacement costs have been provided.
The amounts ordered are proven.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: • The gates were removed by the tenant. • Curtain rails were removed by the tenant and had to be replaced and fitted. • Holes in the walls were repaired and plastered ready for painting. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proven.
An order was made by the Tribunal under TT 4996568 on 8 October 2024 for the tenant to pay the landlord $4,232.71. That order has been included for enforcement purposes.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been wholly successful in this hearing and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 5082468 — Property damage

At a glance

Tenancy Tribunal case 5082468 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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