What was Tenancy Tribunal case 5145368 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 5145368?

Cleaning: $330.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Credit To 10/12/2024: $174.29 awarded to tenant; Rubbish Removal: $50.00 awarded to landlord

What type of tenancy dispute was case 5145368?

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

Where can I read the official tribunal order for case 5145368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11844457-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5145368 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 5145368?

Cleaning: $330.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Credit To 10/12/2024: $174.29 awarded to tenant; Rubbish Removal: $50.00 awarded to landlord

What type of tenancy dispute was case 5145368?

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

Where can I read the official tribunal order for case 5145368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11844457-Tribunal_Order_Redacted.pdf.

6 Perry Place, Bader, Hamilton 3206 Tenancy Tribunal Case 5145368 — Property damage

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6 Perry Place, Bader, Hamilton 3206 Tenancy Tribunal Case 5145368 — 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 5145368 — net $832.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$50.00		Rubbish removal
Oven/stove cleaning	$100.00		Oven/stove cleaning
Carpet Cleaning	$330.00		Carpet Cleaning
Repairs and painting walls	$500.00		Repairs and painting walls
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent credit to 10/12/2024		$174.29	Rent credit to 10/12/2024
Total award	$1,007.00	$174.29
Net award	$832.71
Bond	$1,120.00
Total payable by Tenant to Landlord	$832.71

Claims and awards for application 5145368 — net $832.71 NZD. Verify on MoJ.

Rubbish removal

Amount: $50.00
Awarded to: Landlord
Reason: Rubbish removal

Oven/stove cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Oven/stove cleaning

Carpet Cleaning

Amount: $330.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs and painting walls

Amount: $500.00
Awarded to: Landlord
Reason: Repairs and painting walls

Filing fee reimbursement

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

Dismissed claims

Re Sanding And Sealing The Wooden Fl… — as it is likely the marks were caused as a consequence of fair wear and tear over a 14 year tenancy.

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 and tenant’s name and identifying details.
[The tenant/s] to pay [The landlord/s] $832.71 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,120.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $832.71 [The tenant/s]: $287.29

Reasons

Both parties attended the hearing.
The landlord has applied for 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 10/12/2024 The landlord provided rent records which prove the amount in credit (to apportion the rent for the final week of the tenancy) at 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 said she did not leave a very small amount of rubbish. There is insufficient evidence that any of the rest of the rubbish was hers. The amount awarded is considered reasonable.
The carpets were stained during the tenancy which ran for 14 years. Carpet cleaning is awarded only as the tenant is responsible for removing the stains but not replacing the carpet.
The oven was dirty and required cleaning. The amount ordered is considered reasonable for that cleaning.
The claims for replacement of the oven is dismissed. There is insufficient evidence to establish that the oven was not working at the end of the tenancy and needed replacement because of the tenants’ actions. The tenant said it was working aside from one or two elements that needed to be replaced by the landlord anyway.
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 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: several walls and doors had marks, and some had been repaired but not re-painted by the tenant. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claim for re sanding and sealing the wooden floors is dismissed as it is likely the marks were caused as a consequence of fair wear and tear over a 14 year tenancy.
I have taken into account betterment and depreciation when reducing significantly the claim for repainting of the entire house.
The tenant is responsible for patch painting of small areas only and the pigment sealer was needed to repair some areas. To award the total cost claimed would be to require the tenant to fund a complete repaint of 14-year-old paintwork throughout the property. That would be manifestly unfair and return the landlord to a significantly better position than they would be in had the tenant not breached her obligations. I decline to do that.
In calculating betterment and depreciation, I have taken into account the age and condition of the paintwork at the start of the tenancy and its likely useful lifespan.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The parties’ requests for name suppression are approved.
The landlord because some of the claim is successful and the tenant because the bond has more than covered her liability for all costs at the tenancy.

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 5145368 — net $832.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$50.00		Rubbish removal
Oven/stove cleaning	$100.00		Oven/stove cleaning
Carpet Cleaning	$330.00		Carpet Cleaning
Repairs and painting walls	$500.00		Repairs and painting walls
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent credit to 10/12/2024		$174.29	Rent credit to 10/12/2024
Total award	$1,007.00	$174.29
Net award	$832.71
Bond	$1,120.00
Total payable by Tenant to Landlord	$832.71

Claims and awards for application 5145368 — net $832.71 NZD. Verify on MoJ.

Rubbish removal

Amount: $50.00
Awarded to: Landlord
Reason: Rubbish removal

Oven/stove cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Oven/stove cleaning

Carpet Cleaning

Amount: $330.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs and painting walls

Amount: $500.00
Awarded to: Landlord
Reason: Repairs and painting walls

Filing fee reimbursement

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

Dismissed claims

Re Sanding And Sealing The Wooden Fl… — as it is likely the marks were caused as a consequence of fair wear and tear over a 14 year tenancy.

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 and tenant’s name and identifying details.
[The tenant/s] to pay [The landlord/s] $832.71 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,120.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $832.71 [The tenant/s]: $287.29

Reasons

Both parties attended the hearing.
The landlord has applied for 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 10/12/2024 The landlord provided rent records which prove the amount in credit (to apportion the rent for the final week of the tenancy) at 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 said she did not leave a very small amount of rubbish. There is insufficient evidence that any of the rest of the rubbish was hers. The amount awarded is considered reasonable.
The carpets were stained during the tenancy which ran for 14 years. Carpet cleaning is awarded only as the tenant is responsible for removing the stains but not replacing the carpet.
The oven was dirty and required cleaning. The amount ordered is considered reasonable for that cleaning.
The claims for replacement of the oven is dismissed. There is insufficient evidence to establish that the oven was not working at the end of the tenancy and needed replacement because of the tenants’ actions. The tenant said it was working aside from one or two elements that needed to be replaced by the landlord anyway.
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 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: several walls and doors had marks, and some had been repaired but not re-painted by the tenant. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claim for re sanding and sealing the wooden floors is dismissed as it is likely the marks were caused as a consequence of fair wear and tear over a 14 year tenancy.
I have taken into account betterment and depreciation when reducing significantly the claim for repainting of the entire house.
The tenant is responsible for patch painting of small areas only and the pigment sealer was needed to repair some areas. To award the total cost claimed would be to require the tenant to fund a complete repaint of 14-year-old paintwork throughout the property. That would be manifestly unfair and return the landlord to a significantly better position than they would be in had the tenant not breached her obligations. I decline to do that.
In calculating betterment and depreciation, I have taken into account the age and condition of the paintwork at the start of the tenancy and its likely useful lifespan.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The parties’ requests for name suppression are approved.
The landlord because some of the claim is successful and the tenant because the bond has more than covered her liability for all costs at the tenancy.

Tenancy Tribunal case 5145368 — Property damage at 6 Perry Place, Bader, Hamilton 3206

At a glance

Tenancy Tribunal case 5145368 — Property damage at 6 Perry Place, Bader, Hamilton 3206

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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