How much money was awarded in case 5180096?

Cleaning: $750.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $618.08 awarded to landlord; Handyman Cost: $920.00 awarded to landlord; Kitchen Flooring: $4,721.50 awarded to landlord; Living Room Flooring: $4,725.50 awarded to landlord

What type of tenancy dispute was case 5180096?

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

Where can I read the official tribunal order for case 5180096?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11821531-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5180096?

Cleaning: $750.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $618.08 awarded to landlord; Handyman Cost: $920.00 awarded to landlord; Kitchen Flooring: $4,721.50 awarded to landlord; Living Room Flooring: $4,725.50 awarded to landlord

What type of tenancy dispute was case 5180096?

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

Where can I read the official tribunal order for case 5180096?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11821531-Tribunal_Order_Redacted.pdf.

20 Bundena Place, Clendon Park, Auckland 2103 Tenancy Tribunal Case 5180096 — Property damage

Q: What was Tenancy Tribunal case 5180096 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5180096 — net $9,482.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work: and rubbish removal	$618.08	Lawns and Garden work: and rubbish removal
Carpet Cleaning	$750.00	Carpet Cleaning
Repairs: handyman cost	$920.00	Repairs: handyman cost
Repairs: kitchen flooring	$4,721.50	Repairs: kitchen flooring
Repairs: Living room flooring	$4,725.50	Repairs: Living room flooring
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,482.52
Total payable by Tenant to Landlord	$9,482.52

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Adam Turoa and Pareroa Gilbert must pay [The landlord/s] $9,482.52 immediately, as calculated and shown in table below: DescriptionLandlord Lawns and Garden work: and rubbish removal$618.08 Carpet Cleaning$750.00 Repairs: handyman cost$920.00 Repairs: kitchen flooring$4,721.50 Repairs: Living room flooring$4,725.50 Filing fee reimbursement$27.00 Total award$11,762.08 Minus Bond-$2,279.56 Total payable by Tenant to Landlord$9,482.52

The Bond Centre is to pay the bond of $2,279.56 ([Bond number suppressed]) to [The landlord/s] immediately

Reasons

The landlord attended the hearing, the tenants did not appear.

The landlord has applied for compensation, refund of the bond, 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.

The landlord provided a pre let inspection report and photos and an exit inspection and photos. The landlord also provided invoices for the cost of the work that needed to be done on the property after the end of the tenancy.

The property had been renovated in January 2023 with new carpet, flooring, and repainting of the interior of the house.

The tenants had kept a dog in the property and at the end of the tenancy the carpet smelt strongly of urine and was covered in dog hair. The landlord had to pay to have the carpet professionally cleaned twice to eradicate the smell. The landlord has provided invoices for $750.00 the carpet cleaning.

The photos showed the lawns were very overgrown at the end of the tenancy and there was rubbish left on the property. The landlord provided photos of the lawns, rubbish and the flexi bin bag needed to remove the rubbish. The landlord provided an invoice for $400.00 for the lawns and to remove the rubbish, $56.66 for a flexi bin bag and $159.42 for the collection of the flexi bin bag.

I am satisfied that the landlord has proven their claim for these costs.

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: -Pin holes, bents and holes in walls and ceiling, 5 badly scratched internal doors, broken towel rail, toilet roll holder, toilet seat, sliding door locks and bedroom door off its hinges. -Kitchen vinyl had been cut and a hole was left in it and the subfloor was wet and had to be replaced. The kitchen sink was leaking, and the tenants had not advised the landlord of the leak to get it repaired. The floor under the vinyl was damaged as a result of the ongoing leaks. -Living room floor panels were destroyed by the tenant and had to be replaced.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord had made an insurance claim on the kitchen and living room flooring. The insurance company declined the claims as they determined the cause of the damage to be intentional damage.

The landlord has provided the Tribunal with photos of the damage to the flooring in the living room and kitchen and provided detailed invoices for the cost of the repairs.

I am satisfied that the landlord has proven their claims relating to the damage. It is unlikely that an alternative explanation could be made for the extent and nature of the damage to the living room flooring, other than intentional. The kitchen damage to the flooring is intentional or careless, but the lack of advice to the landlord about the ongoing leaks is negligent on behalf of the tenants.

The amounts ordered are proved.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

I have reduced the claims by 20% to take into account of depreciation.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The landlord has applied for suppression of their name and details and as they have been successful, I will grant suppression.

The Bond Centre is to refund the landlord the bond immediately to offset the debt owed by the tenant to the landlord.

Order

Claims and awards in Tenancy Tribunal application 5180096 — net $9,482.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work: and rubbish removal	$618.08	Lawns and Garden work: and rubbish removal
Carpet Cleaning	$750.00	Carpet Cleaning
Repairs: handyman cost	$920.00	Repairs: handyman cost
Repairs: kitchen flooring	$4,721.50	Repairs: kitchen flooring
Repairs: Living room flooring	$4,725.50	Repairs: Living room flooring
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,482.52
Total payable by Tenant to Landlord	$9,482.52

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

The Bond Centre is to pay the bond of $2,279.56 ([Bond number suppressed]) to [The landlord/s] immediately

Reasons

The landlord attended the hearing, the tenants did not appear.

The landlord has applied for compensation, refund of the bond, 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?

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The property had been renovated in January 2023 with new carpet, flooring, and repainting of the interior of the house.

I am satisfied that the landlord has proven their claim for these costs.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord had made an insurance claim on the kitchen and living room flooring. The insurance company declined the claims as they determined the cause of the damage to be intentional damage.

The landlord has provided the Tribunal with photos of the damage to the flooring in the living room and kitchen and provided detailed invoices for the cost of the repairs.

The amounts ordered are proved.

I have reduced the claims by 20% to take into account of depreciation.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The landlord has applied for suppression of their name and details and as they have been successful, I will grant suppression.

The Bond Centre is to refund the landlord the bond immediately to offset the debt owed by the tenant to the landlord.

Tenancy Tribunal case 5180096 — Property damage at 20 Bundena Place, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 5180096 — Property damage at 20 Bundena Place, Clendon Park, Auckland 2103

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