What was Tenancy Tribunal case 5186112 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 5186112?

Cleaning: $605.00 awarded to landlord; Cleaning: $650.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Landfill Charges: $343.65 awarded to landlord; Property Damage: $352.68 awarded to landlord; Pest Control: $45.97 awarded to landlord; Rent Arrears: $658.19 awarded to landlord; broken window latches and door handl…: $1,015.40 awarded to landlord; Rubbish Removal: $322.00 awarded to landlord; Property Damage: $617.35 awarded to landlord

What type of tenancy dispute was case 5186112?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 5186112?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11780639-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5186112 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 5186112?

Cleaning: $605.00 awarded to landlord; Cleaning: $650.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Landfill Charges: $343.65 awarded to landlord; Property Damage: $352.68 awarded to landlord; Pest Control: $45.97 awarded to landlord; Rent Arrears: $658.19 awarded to landlord; broken window latches and door handl…: $1,015.40 awarded to landlord; Rubbish Removal: $322.00 awarded to landlord; Property Damage: $617.35 awarded to landlord

What type of tenancy dispute was case 5186112?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 5186112?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11780639-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5186112 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5186112 — net $2,037.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 25.12.2024	$658.19		Rent arrears to 25.12.2024
Cleaning	$650.00		Cleaning
Carpet Cleaning	$605.00		Carpet Cleaning
Pest control	$45.97		Pest control
Rubbish removal: and section tidy	$322.00		Rubbish removal: and section tidy
Landfill charges	$343.65		Landfill charges
Lock replacement: ranch slider	$352.68		Lock replacement: ranch slider
Window repairs: ranch slider	$617.35		Window repairs: ranch slider
Repairs: broken window latches and door handles	$1,015.40		Repairs: broken window latches and door handles
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond received		$2,600.00	Bond received
Total award	$4,637.24	$2,600.00
Net award	$2,037.24
Total payable by Tenant to Landlord	$2,037.24

The landlord attended the hearing. There was no appearance by the tenant.

The landlord has applied for rent arrears, 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 25 December 2024. The landlord provided rent records which prove the amount owing 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 did not leave the premises reasonably clean and tidy and did not remove all rubbish as shown in photos produced in evidence.

The amounts ordered are proved. I have reduced the invoices provided for the work by taking off amounts charged for travel and health & safety fees which I consider it is not reasonable to on-charge the tenants for the landlord’s in-house employees conducting the work.

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 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: broken window latches and door handles throughout the premises; broken ranch slider windowpanes and door handle/lock damaged; painting burnt door frame & bath trim, plaster & paint holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. I have deducted travel and health & safety fees from the repair invoices as mentioned above.

As the landlord has substantially succeeded with their claims, they are entitled to suppression of their name and identifying details, as requested, and to reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5186112 — net $2,037.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 25.12.2024	$658.19		Rent arrears to 25.12.2024
Cleaning	$650.00		Cleaning
Carpet Cleaning	$605.00		Carpet Cleaning
Pest control	$45.97		Pest control
Rubbish removal: and section tidy	$322.00		Rubbish removal: and section tidy
Landfill charges	$343.65		Landfill charges
Lock replacement: ranch slider	$352.68		Lock replacement: ranch slider
Window repairs: ranch slider	$617.35		Window repairs: ranch slider
Repairs: broken window latches and door handles	$1,015.40		Repairs: broken window latches and door handles
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond received		$2,600.00	Bond received
Total award	$4,637.24	$2,600.00
Net award	$2,037.24
Total payable by Tenant to Landlord	$2,037.24

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Mavis Patene must pay [The landlord/s] $2,037.24 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for rent arrears, 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 25 December 2024. The landlord provided rent records which prove the amount owing 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 did not leave the premises reasonably clean and tidy and did not remove all rubbish as shown in photos produced in evidence.
The amounts ordered are proved. I have reduced the invoices provided for the work by taking off amounts charged for travel and health & safety fees which I consider it is not reasonable to on-charge the tenants for the landlord’s in-house employees conducting the work.

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 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: broken window latches and door handles throughout the premises; broken ranch slider windowpanes and door handle/lock damaged; painting burnt door frame & bath trim, plaster & paint holes. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. I have deducted travel and health & safety fees from the repair invoices as mentioned above.
As the landlord has substantially succeeded with their claims, they are entitled to suppression of their name and identifying details, as requested, and to reimbursement of the filing fee.

Tenancy Tribunal case 5186112 — Property damage

At a glance

Tenancy Tribunal case 5186112 — Property damage

At a glance

Award balance

Claims & awards

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

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