How much money was awarded in case 5126361?

Cleaning: $2,700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Loss Of Rent: $1,950.00 awarded to landlord; Previous Order Application 4961015 D…: $5,389.00 awarded to landlord; Property Damage: $2,278.51 awarded to landlord; Property Damage: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5126361?

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

Where can I read the official tribunal order for case 5126361?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13624528-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5126361?

Cleaning: $2,700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Loss Of Rent: $1,950.00 awarded to landlord; Previous Order Application 4961015 D…: $5,389.00 awarded to landlord; Property Damage: $2,278.51 awarded to landlord; Property Damage: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5126361?

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

Where can I read the official tribunal order for case 5126361?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13624528-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5126361 — Property damage

Q: What was Tenancy Tribunal case 5126361 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 5126361 — net $14,344.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4961015 dated 04/09/2024	$5,389.00	Previous order application 4961015 dated 04/09/2024
Cleaning	$2,700.00	Cleaning
Repairs	$2,278.51	Repairs
Repairs: Insurance excess on damage to door	$2,000.00	Repairs: Insurance excess on damage to door
Loss of rent	$1,950.00	Loss of rent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$14,344.51
Total payable by Tenant to Landlord	$14,344.51

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

Pania Danielle Sisson must pay [The landlord/s] $14,344.51 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 4 September 2024 under application 4961015.

Reasons

The landlord attended the remote hearing.

The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given.

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. 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 at the end of the tenancy showing that the premises had been left in a very poor condition by the tenant. The work to clean the premises was carried out by the landlords personally. The landlords say that they worked for six hours per day for 18 days to bring the premises to a reasonable standard. The landlord’s seek compensation for their labour at $25.00 per hour. In light of the very poor condition of the premises, I consider the claim of $2,700.00 to be reasonable.

The landlord’s seek compensation for fuel costs travelling from their residence to the premises on many occasions. That the landlord lives at a distance is a matter for the landlord and the tenant should not have to meet that cost.

The landlord seeks compensation for loss of rent for the period where they could not rent the premises out whilst repairs and cleaning were being carried out. The landlord seeks 5 weeks rent at $650.00 per week. Certainly, It would have been reasonably foreseeable by the tenant that it would have taken some time for the landlord to put the premises back into a condition where they could be rented again. I consider that a reasonable amount in compensation would be the equivalent of three weeks rent $1,950.00.

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. The landlord is insured. The landlord’s policy of insurance carried in excess of $2,000.00.

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: A door was damaged and had to be replaced. Photos of the damage were provided. The insurance documents show the actual cost at $5,546.77 with an excess of $2,000.00 which the tenant is liable for. • The Balustrade was removed. • The new stove top was damaged. • There were holes in the wall and ceiling. • The carpet was damaged. • There were stickers affixed to the walls and ceiling.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has provided invoices and photos in support of the claim. The claim of $2,278.51 is proven.

On 4 September 2024 the Tribunal made an order relating to this tenancy, for rent arrears of $5,389.00 after deducting the bond. The previous order is incorporated into this order 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’s name has been suppressed in this and the previous hearings. That order continues.

Claims and awards in Tenancy Tribunal application 5126361 — net $14,344.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4961015 dated 04/09/2024	$5,389.00	Previous order application 4961015 dated 04/09/2024
Cleaning	$2,700.00	Cleaning
Repairs	$2,278.51	Repairs
Repairs: Insurance excess on damage to door	$2,000.00	Repairs: Insurance excess on damage to door
Loss of rent	$1,950.00	Loss of rent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$14,344.51
Total payable by Tenant to Landlord	$14,344.51

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Pania Danielle Sisson must pay [The landlord/s] $14,344.51 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 4 September 2024 under application 4961015.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given.
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. 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 at the end of the tenancy showing that the premises had been left in a very poor condition by the tenant. The work to clean the premises was carried out by the landlords personally. The landlords say that they worked for six hours per day for 18 days to bring the premises to a reasonable standard. The landlord’s seek compensation for their labour at $25.00 per hour. In light of the very poor condition of the premises, I consider the claim of $2,700.00 to be reasonable.
The landlord’s seek compensation for fuel costs travelling from their residence to the premises on many occasions. That the landlord lives at a distance is a matter for the landlord and the tenant should not have to meet that cost.
The landlord seeks compensation for loss of rent for the period where they could not rent the premises out whilst repairs and cleaning were being carried out. The landlord seeks 5 weeks rent at $650.00 per week. Certainly, It would have been reasonably foreseeable by the tenant that it would have taken some time for the landlord to put the premises back into a condition where they could be rented again. I consider that a reasonable amount in compensation would be the equivalent of three weeks rent $1,950.00.
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. The landlord is insured. The landlord’s policy of insurance carried in excess of $2,000.00.
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: A door was damaged and had to be replaced. Photos of the damage were provided. The insurance documents show the actual cost at $5,546.77 with an excess of $2,000.00 which the tenant is liable for. • The Balustrade was removed. • The new stove top was damaged. • There were holes in the wall and ceiling. • The carpet was damaged. • There were stickers affixed to the walls and ceiling.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has provided invoices and photos in support of the claim. The claim of $2,278.51 is proven.
On 4 September 2024 the Tribunal made an order relating to this tenancy, for rent arrears of $5,389.00 after deducting the bond. The previous order is incorporated into this order 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’s name has been suppressed in this and the previous hearings. That order continues.

Tenancy Tribunal case 5126361 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5126361 — 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

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