What was Tenancy Tribunal case 5178719 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 5178719?

Cleaning: $500.00 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Rubbish Removal: $124.00 awarded to landlord

What type of tenancy dispute was case 5178719?

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

Where can I read the official tribunal order for case 5178719?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11888527-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5178719 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 5178719?

Cleaning: $500.00 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Rubbish Removal: $124.00 awarded to landlord

What type of tenancy dispute was case 5178719?

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

Where can I read the official tribunal order for case 5178719?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11888527-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5178719 — Property damage

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New Zealand Tenancy Tribunal Case 5178719 — 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 5178719 — net $2,851.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Wall damage	$2,000.00	Repairs: Wall damage
Cleaning	$200.00	Cleaning
Carpet Cleaning	$500.00	Carpet Cleaning
Rubbish removal	$124.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,851.00
Total payable by Tenant to Landlord	$2,851.00

Claims and awards for application 5178719 — net $2,851.00 NZD. Verify on MoJ.

Repairs: Wall damage

Amount: $2,000.00
Awarded to: Landlord
Reason: Repairs: Wall damage

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $124.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

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’s name and identifying details.
Faataumamatemalesoatau Talatonu must pay [The landlord/s] $2,851.00 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by video. The Tenant did not attend by video or answer the telephone call made by the Tribunal on the phone number provided.
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 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Rubbish was left in bins and the rubbish bin also required cleaning. The Tenant also left stains on the carpet in the lounge and bedrooms which required carpet cleaning. The property also required cleaning due to excess mould on wall surfaces, dirty cupboards, a grubby toilet and bathroom, hair residue in the vanity sink,a greasy rangehood, soap scum build up, dirty skirting boards and drip marks on the walls and doors. An invoice and exit inspection report was provided as evidence.
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 following damage was caused during the tenancy: wall damage. The Tenants caused damage to the walls by leaving holes, peeled paint, pen marks and chips on the walls. The ingoing and outgoing inspection reports were provided along with an invoice which substantiated the repairs. The damage is more than fair 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, name suppression is granted to the Landlord and the Tenant shall 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 5178719 — net $2,851.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Wall damage	$2,000.00	Repairs: Wall damage
Cleaning	$200.00	Cleaning
Carpet Cleaning	$500.00	Carpet Cleaning
Rubbish removal	$124.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,851.00
Total payable by Tenant to Landlord	$2,851.00

Claims and awards for application 5178719 — net $2,851.00 NZD. Verify on MoJ.

Repairs: Wall damage

Amount: $2,000.00
Awarded to: Landlord
Reason: Repairs: Wall damage

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $124.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

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

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’s name and identifying details.
Faataumamatemalesoatau Talatonu must pay [The landlord/s] $2,851.00 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing by video. The Tenant did not attend by video or answer the telephone call made by the Tribunal on the phone number provided.
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 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Rubbish was left in bins and the rubbish bin also required cleaning. The Tenant also left stains on the carpet in the lounge and bedrooms which required carpet cleaning. The property also required cleaning due to excess mould on wall surfaces, dirty cupboards, a grubby toilet and bathroom, hair residue in the vanity sink,a greasy rangehood, soap scum build up, dirty skirting boards and drip marks on the walls and doors. An invoice and exit inspection report was provided as evidence.
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 following damage was caused during the tenancy: wall damage. The Tenants caused damage to the walls by leaving holes, peeled paint, pen marks and chips on the walls. The ingoing and outgoing inspection reports were provided along with an invoice which substantiated the repairs. The damage is more than fair 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, name suppression is granted to the Landlord and the Tenant shall reimburse the filing fee.

Tenancy Tribunal case 5178719 — Property damage

At a glance

Tenancy Tribunal case 5178719 — 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