What was Tenancy Tribunal case 5110768 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 5110768?

Cleaning: $393.30 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,300.00 awarded to landlord; Rubbish Removal: $402.50 awarded to landlord

What type of tenancy dispute was case 5110768?

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

Where can I read the official tribunal order for case 5110768?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12814361-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5110768 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 5110768?

Cleaning: $393.30 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,300.00 awarded to landlord; Rubbish Removal: $402.50 awarded to landlord

What type of tenancy dispute was case 5110768?

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

Where can I read the official tribunal order for case 5110768?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12814361-Tribunal_Order_Redacted.pdf.

13 Gunn Way, Hobsonville, Auckland 0616 Tenancy Tribunal Case 5110768 — Property damage

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13 Gunn Way, Hobsonville, Auckland 0616 Tenancy Tribunal Case 5110768 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5110768 — net $3,622.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$393.30	Carpet Cleaning
Rubbish removal: and gardening	$402.50	Rubbish removal: and gardening
Replace damaged carpet	$2,300.00	Replace damaged carpet
Cleaning	$500.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,622.80
Total payable by Tenant to Landlord	$3,622.80

Claims and awards for application 5110768 — net $3,622.80 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $393.30
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal: and gardening

Amount: $402.50
Awarded to: Landlord
Reason: Rubbish removal: and gardening

Replace damaged carpet

Amount: $2,300.00
Awarded to: Landlord
Reason: Replace damaged carpet

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
must pay the landlord immediately, 3.

Reasons

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

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 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
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.
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 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: carpets were damaged and needed to be replaced. 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 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.
Because The applicant has substantially succeeded with the claim I have reimbursed the filing fee and approved the requested name suppression.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5110768 — net $3,622.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$393.30	Carpet Cleaning
Rubbish removal: and gardening	$402.50	Rubbish removal: and gardening
Replace damaged carpet	$2,300.00	Replace damaged carpet
Cleaning	$500.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,622.80
Total payable by Tenant to Landlord	$3,622.80

Claims and awards for application 5110768 — net $3,622.80 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $393.30
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal: and gardening

Amount: $402.50
Awarded to: Landlord
Reason: Rubbish removal: and gardening

Replace damaged carpet

Amount: $2,300.00
Awarded to: Landlord
Reason: Replace damaged carpet

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
must pay the landlord immediately, 3.

Reasons

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

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 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
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.
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 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: carpets were damaged and needed to be replaced. 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 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.
Because The applicant has substantially succeeded with the claim I have reimbursed the filing fee and approved the requested name suppression.

Tenancy Tribunal case 5110768 — Property damage at 13 Gunn Way, Hobsonville, Auckland 0616

At a glance

Tenancy Tribunal case 5110768 — Property damage at 13 Gunn Way, Hobsonville, Auckland 0616

At a glance

Award balance

Claims & awards

Order

Reasons

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

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