What was Tenancy Tribunal case 5153112 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 5153112?

Cleaning: $281.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $372.60 awarded to landlord; Property Damage: $254.00 awarded to landlord; Replace Door: $431.25 awarded to landlord; Rubbish Removal: $540.50 awarded to landlord

What type of tenancy dispute was case 5153112?

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

Where can I read the official tribunal order for case 5153112?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11682387-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5153112 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 5153112?

Cleaning: $281.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $372.60 awarded to landlord; Property Damage: $254.00 awarded to landlord; Replace Door: $431.25 awarded to landlord; Rubbish Removal: $540.50 awarded to landlord

What type of tenancy dispute was case 5153112?

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

Where can I read the official tribunal order for case 5153112?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11682387-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5153112 — Property damage

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New Zealand Tenancy Tribunal Case 5153112 — 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 5153112 — net $1,907.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$281.75	Cleaning
Lock/key replacement	$372.60	Lock/key replacement
Rubbish removal: weeding and clean bins	$540.50	Rubbish removal: weeding and clean bins
Carpet repair	$254.00	Carpet repair
Replace door	$431.25	Replace door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,907.10
Total payable by Tenant to Landlord	$1,907.10

Claims and awards for application 5153112 — net $1,907.10 NZD. Verify on MoJ.

Cleaning

Amount: $281.75
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $372.60
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal: weeding and clean bins

Amount: $540.50
Awarded to: Landlord
Reason: Rubbish removal: weeding and clean bins

Carpet repair

Amount: $254.00
Awarded to: Landlord
Reason: Carpet repair

Replace door

Amount: $431.25
Awarded to: Landlord
Reason: Replace door

Claim types — money lines allowed on this order

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.
Jacob Karwyn Ngarewa must pay [The landlord/s] $1,907.10 immediately, calculated as shown in table below.

Reasons

The landlord attended this remote hearing.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call 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.
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. 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 showing the condition of the premises at the end of the tenancy. The photos showed that the tenant had not left the either the interior or the exterior of the premises reasonably clean and tidy and had not removed all rubbish. The landlord provided invoices for the cleaning and rubbish removal in support of those claims.
The tenant did not return the keys. The landlord provided an invoice in support of the claim.
The amounts ordered are proven and are reasonable.

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 policy of insurance carries an excess of $1,250.00.
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: Carpet was damaged in the back bedroom. The landlord attempted to clean the stain on the carpet. They were unable to do so and have patched the stain. The landlord provided an invoice in support of the claim. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. A door was damaged. The landlord provided a photo of the damaged door. The damage occurred during the tenancy. The cost of repair for the door was $431.25. The damage occurred during the tenancy. The damages more than fear wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As the landlord has been wholly successful in this matter the tenant is ordered 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 & awards

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

Claims and awards in Tenancy Tribunal application 5153112 — net $1,907.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$281.75	Cleaning
Lock/key replacement	$372.60	Lock/key replacement
Rubbish removal: weeding and clean bins	$540.50	Rubbish removal: weeding and clean bins
Carpet repair	$254.00	Carpet repair
Replace door	$431.25	Replace door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,907.10
Total payable by Tenant to Landlord	$1,907.10

Claims and awards for application 5153112 — net $1,907.10 NZD. Verify on MoJ.

Cleaning

Amount: $281.75
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $372.60
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal: weeding and clean bins

Amount: $540.50
Awarded to: Landlord
Reason: Rubbish removal: weeding and clean bins

Carpet repair

Amount: $254.00
Awarded to: Landlord
Reason: Carpet repair

Replace door

Amount: $431.25
Awarded to: Landlord
Reason: Replace door

Claim types — money lines allowed on this order

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.
Jacob Karwyn Ngarewa must pay [The landlord/s] $1,907.10 immediately, calculated as shown in table below.

Reasons

The landlord attended this remote hearing.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call 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.
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. 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 showing the condition of the premises at the end of the tenancy. The photos showed that the tenant had not left the either the interior or the exterior of the premises reasonably clean and tidy and had not removed all rubbish. The landlord provided invoices for the cleaning and rubbish removal in support of those claims.
The tenant did not return the keys. The landlord provided an invoice in support of the claim.
The amounts ordered are proven and are reasonable.

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 policy of insurance carries an excess of $1,250.00.
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: Carpet was damaged in the back bedroom. The landlord attempted to clean the stain on the carpet. They were unable to do so and have patched the stain. The landlord provided an invoice in support of the claim. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. A door was damaged. The landlord provided a photo of the damaged door. The damage occurred during the tenancy. The cost of repair for the door was $431.25. The damage occurred during the tenancy. The damages more than fear wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
As the landlord has been wholly successful in this matter the tenant is ordered 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 5153112 — Property damage

At a glance

Tenancy Tribunal case 5153112 — 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