What was the outcome of Tenancy Tribunal case 5131928?

The tribunal order states: Deborah Kerr must pay Lincoln Darling Real Estate Limited (T/A Darling Realty)

How much money was awarded in case 5131928?

Cleaning: $454.53 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rubbish Removal: $419.75 awarded to landlord

What type of tenancy dispute was case 5131928?

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

Where can I read the official tribunal order for case 5131928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11777043-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5131928?

The tribunal order states: Deborah Kerr must pay Lincoln Darling Real Estate Limited (T/A Darling Realty)

How much money was awarded in case 5131928?

Cleaning: $454.53 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rubbish Removal: $419.75 awarded to landlord

What type of tenancy dispute was case 5131928?

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

Where can I read the official tribunal order for case 5131928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11777043-Tenancy_Tribunal_Order.pdf.

90 Main Road, Fairfield, Dunedin 9018 Tenancy Tribunal Case 5131928 — Property damage

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90 Main Road, Fairfield, Dunedin 9018 Tenancy Tribunal Case 5131928 — 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 5131928 — net $1,901.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpets (Insurance excess	$1,000.00	Carpets (Insurance excess
Cleaning	$454.53	Cleaning
Rubbish removal	$419.75	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,901.28
Total payable by Tenant to Landlord	$1,901.28

Claims and awards for application 5131928 — net $1,901.28 NZD. Verify on MoJ.

Carpets (Insurance excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Carpets (Insurance excess

Cleaning

Amount: $454.53
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $419.75
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $1,901.28

Total payable by Tenant to Landlord

Landlord $1,901.28

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Deborah Kerr must pay Lincoln Darling Real Estate Limited (T/A Darling Realty) - As Agent For Alisha Paterson & Michael McDonald $1,901.28 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
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: carpets were left heavily soiled with multiple stains and animal excrement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord is awarded $1,000.00 for the insurance excess for replacement carpets as claimed.
As the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.

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 5131928 — net $1,901.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpets (Insurance excess	$1,000.00	Carpets (Insurance excess
Cleaning	$454.53	Cleaning
Rubbish removal	$419.75	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,901.28
Total payable by Tenant to Landlord	$1,901.28

Claims and awards for application 5131928 — net $1,901.28 NZD. Verify on MoJ.

Carpets (Insurance excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Carpets (Insurance excess

Cleaning

Amount: $454.53
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $419.75
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

Net award

Landlord $1,901.28

Total payable by Tenant to Landlord

Landlord $1,901.28

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Deborah Kerr must pay Lincoln Darling Real Estate Limited (T/A Darling Realty) - As Agent For Alisha Paterson & Michael McDonald $1,901.28 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
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: carpets were left heavily soiled with multiple stains and animal excrement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord is awarded $1,000.00 for the insurance excess for replacement carpets as claimed.
As the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5131928 — Property damage at 90 Main Road, Fairfield, Dunedin 9018

At a glance

Tenancy Tribunal case 5131928 — Property damage at 90 Main Road, Fairfield, Dunedin 9018

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

Property management

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

Property management

Frequently asked questions