How much money was awarded in case 5119535?

Cleaning: $445.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Garage Door Remote: $313.46 awarded to landlord; Pest Control: $48.91 awarded to landlord; Previous Order Application 4946353 D…: $1,432.64 awarded to landlord; Property Damage: $87.15 awarded to landlord; Property Damage: $500.00 awarded to landlord; Lawns and Garden Work: $1,373.67 awarded to landlord

What type of tenancy dispute was case 5119535?

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

Where can I read the official tribunal order for case 5119535?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11747145-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5119535?

Cleaning: $445.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Garage Door Remote: $313.46 awarded to landlord; Pest Control: $48.91 awarded to landlord; Previous Order Application 4946353 D…: $1,432.64 awarded to landlord; Property Damage: $87.15 awarded to landlord; Property Damage: $500.00 awarded to landlord; Lawns and Garden Work: $1,373.67 awarded to landlord

What type of tenancy dispute was case 5119535?

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

Where can I read the official tribunal order for case 5119535?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11747145-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5119535 — Property damage

Q: What was Tenancy Tribunal case 5119535 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 5119535 — net $2,587.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4946353 dated 29/08/2024	$1,432.64	Previous order application 4946353 dated 29/08/2024
Window repairs	$87.15	Window repairs
Pest control	$48.91	Pest control
Cleaning	$445.00	Cleaning
Repairs: insurance excess on shower wall damage	$500.00	Repairs: insurance excess on shower wall damage
Rubbish removal: and lawns and gardens	$1,373.67	Rubbish removal: and lawns and gardens
garage door remote	$313.46	garage door remote
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,587.83
Total payable by Tenant to Landlord	$2,587.83

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

Anneke Wijnschenk must pay [The landlord/s] $2,587.83 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,640.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the 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. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given. On 22 April 2025 the tenant applied for an adjournment of the hearing. That application was dismissed by the Tribunal.

The landlord has applied for compensation, refund of the bond, 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the premises both at the commencement of the tenancy and at the final inspection. The landlord provided invoices for cleaning, rubbish removal, flea bombs and garden work. The claims are reasonable and are proven.

The tenant did not return the garage remote. The landlord provided an invoice for the replacement of the remote and its installation.

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 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. The landlord is insured. The landlord’s policy of insurance carries an excess of $500.00 on each and every claim.

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: Windows in the garage were damaged. This occurred during the tenancy. The landlord provided invoices totalling $87.15. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The wall to the shower was damaged during the tenancy. The damage was discovered during a routine inspection. The landlord provided photos of the damage and an invoice for the repair of $1,150.00. The damage is more than fear wear and tear, and the tenant has not disproved liability for the damage. The landlord’s policy of insurance carries an excess of $500.00 The tenant is ordered to pay $500.00.

The amounts ordered are proved.

The Tribunal ordered the tenant to pay $1,612.64 to the landlord under TT 4946353 on 2 September 2024. A balance of $1,432.64 remains owing and that sum is consolidated into this order.

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

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

Claims and awards in Tenancy Tribunal application 5119535 — net $2,587.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4946353 dated 29/08/2024	$1,432.64	Previous order application 4946353 dated 29/08/2024
Window repairs	$87.15	Window repairs
Pest control	$48.91	Pest control
Cleaning	$445.00	Cleaning
Repairs: insurance excess on shower wall damage	$500.00	Repairs: insurance excess on shower wall damage
Rubbish removal: and lawns and gardens	$1,373.67	Rubbish removal: and lawns and gardens
garage door remote	$313.46	garage door remote
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,587.83
Total payable by Tenant to Landlord	$2,587.83

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Anneke Wijnschenk must pay [The landlord/s] $2,587.83 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,640.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the 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. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given. On 22 April 2025 the tenant applied for an adjournment of the hearing. That application was dismissed by the Tribunal.
The landlord has applied for compensation, refund of the bond, 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos of the premises both at the commencement of the tenancy and at the final inspection. The landlord provided invoices for cleaning, rubbish removal, flea bombs and garden work. The claims are reasonable and are proven.
The tenant did not return the garage remote. The landlord provided an invoice for the replacement of the remote and its installation.
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 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. The landlord is insured. The landlord’s policy of insurance carries an excess of $500.00 on each and every claim.
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: Windows in the garage were damaged. This occurred during the tenancy. The landlord provided invoices totalling $87.15. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The wall to the shower was damaged during the tenancy. The damage was discovered during a routine inspection. The landlord provided photos of the damage and an invoice for the repair of $1,150.00. The damage is more than fear wear and tear, and the tenant has not disproved liability for the damage. The landlord’s policy of insurance carries an excess of $500.00 The tenant is ordered to pay $500.00.
The amounts ordered are proved.
The Tribunal ordered the tenant to pay $1,612.64 to the landlord under TT 4946353 on 2 September 2024. A balance of $1,432.64 remains owing and that sum is consolidated into this order.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this matter and suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5119535 — Property damage

At a glance

Tenancy Tribunal case 5119535 — Property damage

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