What was Tenancy Tribunal case 5154681 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 5154681?

Filing Fee: $27.00 awarded to landlord; Property Damage: $37.13 awarded to landlord; Bathroom door handle, laundry door h…: $150.65 awarded to landlord; Rubbish Removal: $983.25 awarded to landlord

What type of tenancy dispute was case 5154681?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5154681?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11747577-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5154681 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 5154681?

Filing Fee: $27.00 awarded to landlord; Property Damage: $37.13 awarded to landlord; Bathroom door handle, laundry door h…: $150.65 awarded to landlord; Rubbish Removal: $983.25 awarded to landlord

What type of tenancy dispute was case 5154681?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5154681?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11747577-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5154681 — Property damage

Claims and awards in Tenancy Tribunal application 5154681 — net $1,198.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Bathroom door handle, laundry door hinge, toilet roll holder	$150.65	Repairs: Bathroom door handle, laundry door hinge, toilet roll holder
Cleaning and rubbish removal	$983.25	Cleaning and rubbish removal
Lock/key replacement	$37.13	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,198.03
Total payable by Tenant to Landlord	$1,198.03

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details and the tenancy address.
Tatiana Ahomiro must pay [The landlord/s] $1,198.03 immediately, calculated as shown in table below.

Reasons

[The landlord’s representative], representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being [redacted], was called twice without any response. As the tenant was served, the hearing proceeded in her absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord said the tenancy ended on 1 November 2024.

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 (RTA”).
The landlord said the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided copies of an Entry Inspection Report and photographs dated 16 June 2023 and an Exit Inspection Report with photographs dated 1 November 2024. The exit photographs showed the carpets needed to be vacuumed, the oven, fridge and microwave needed to be cleaned, mattresses provided were left stained and dirty and needed to be cleaned, there was drawing on landlord chattels in the property, such as on cupboards and doors, shelving was dirty, and a broken couch and rubbish bag had to be removed and disposed of.
The landlord provided an invoice for cleaning and rubbish removal for $983.25. The property manager said the dump fee had been around $110.00 and the cleaner charged $90.00 per hour for the first hour (which included travel time and parking) and then $40.00 per hour thereafter. Given the cleaning and rubbish removal and dumping required, I find this to be a reasonable cost given the evidence provided. As such, I award the landlord $983.25 for cleaning and rubbish removal.
The tenant did not return the keys. This is noted by the landlord at the start of the Exit Inspection Report, as the tenant was provided with 2 sets of keys and swipe cards at the start of the tenancy, but only returned 1 set of keys to the landlord at the end of the tenancy. The landlord claimed $37.13, which I find is a reasonable cost to replace the keys. Therefore, I award the landlord $37.13 to replace the keys.
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.
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 landlord said the tenant caused the following damage during the tenancy: a. The bathroom door handle was broken. The landlord provided an exit photograph of this. b. The laundry door hinge was broken. The landlord provided an exit photograph of this. c. The toilet roll holder was removed from its metal holding in the wall in the bathroom and had to be replaced. The landlord provided an exit photograph of this. d. The landlord has shown from the evidence of the ingoing and outgoing photographs that the tenant caused the damage which required the repair of the bathroom door handle, the laundry door hinge and the toilet roll holder. e. The landlord provided an invoice for the repair of the items outlined above in the amount of $150.65, which I find is a reasonable cost to repair these items. As such, I award the landlord $150.65 to repair the bathroom door handle, the laundry door hinge and the toilet roll holder. f. The damage as shown in the exit photographs is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
Because [The applicant/s] has been successful with the claim I must reimburse the filing fee. Suppression
The landlord requested name suppression. As they have been successful with the claim, the landlord is entitled to name suppression. Therefore, I order that the landlord’s name and identifying details and the tenancy address, are not to be published. See section 95A(1) RTA.

Claims and awards in Tenancy Tribunal application 5154681 — net $1,198.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Bathroom door handle, laundry door hinge, toilet roll holder	$150.65	Repairs: Bathroom door handle, laundry door hinge, toilet roll holder
Cleaning and rubbish removal	$983.25	Cleaning and rubbish removal
Lock/key replacement	$37.13	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,198.03
Total payable by Tenant to Landlord	$1,198.03

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details and the tenancy address.
Tatiana Ahomiro must pay [The landlord/s] $1,198.03 immediately, calculated as shown in table below.

Reasons

[The landlord’s representative], representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being [redacted], was called twice without any response. As the tenant was served, the hearing proceeded in her absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord said the tenancy ended on 1 November 2024.

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 (RTA”).
The landlord said the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided copies of an Entry Inspection Report and photographs dated 16 June 2023 and an Exit Inspection Report with photographs dated 1 November 2024. The exit photographs showed the carpets needed to be vacuumed, the oven, fridge and microwave needed to be cleaned, mattresses provided were left stained and dirty and needed to be cleaned, there was drawing on landlord chattels in the property, such as on cupboards and doors, shelving was dirty, and a broken couch and rubbish bag had to be removed and disposed of.
The landlord provided an invoice for cleaning and rubbish removal for $983.25. The property manager said the dump fee had been around $110.00 and the cleaner charged $90.00 per hour for the first hour (which included travel time and parking) and then $40.00 per hour thereafter. Given the cleaning and rubbish removal and dumping required, I find this to be a reasonable cost given the evidence provided. As such, I award the landlord $983.25 for cleaning and rubbish removal.
The tenant did not return the keys. This is noted by the landlord at the start of the Exit Inspection Report, as the tenant was provided with 2 sets of keys and swipe cards at the start of the tenancy, but only returned 1 set of keys to the landlord at the end of the tenancy. The landlord claimed $37.13, which I find is a reasonable cost to replace the keys. Therefore, I award the landlord $37.13 to replace the keys.
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.
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 landlord said the tenant caused the following damage during the tenancy: a. The bathroom door handle was broken. The landlord provided an exit photograph of this. b. The laundry door hinge was broken. The landlord provided an exit photograph of this. c. The toilet roll holder was removed from its metal holding in the wall in the bathroom and had to be replaced. The landlord provided an exit photograph of this. d. The landlord has shown from the evidence of the ingoing and outgoing photographs that the tenant caused the damage which required the repair of the bathroom door handle, the laundry door hinge and the toilet roll holder. e. The landlord provided an invoice for the repair of the items outlined above in the amount of $150.65, which I find is a reasonable cost to repair these items. As such, I award the landlord $150.65 to repair the bathroom door handle, the laundry door hinge and the toilet roll holder. f. The damage as shown in the exit photographs is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Filing fee
Because [The applicant/s] has been successful with the claim I must reimburse the filing fee. Suppression
The landlord requested name suppression. As they have been successful with the claim, the landlord is entitled to name suppression. Therefore, I order that the landlord’s name and identifying details and the tenancy address, are not to be published. See section 95A(1) RTA.

Tenancy Tribunal case 5154681 — Property damage

At a glance

Tenancy Tribunal case 5154681 — 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