What was Tenancy Tribunal case 5191916 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 5191916?

Cleaning: $441.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $460.00 awarded to landlord

What type of tenancy dispute was case 5191916?

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

Where can I read the official tribunal order for case 5191916?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11898335-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5191916 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 5191916?

Cleaning: $441.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $460.00 awarded to landlord

What type of tenancy dispute was case 5191916?

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

Where can I read the official tribunal order for case 5191916?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11898335-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5191916 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5191916 — net $928.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$441.00	Cleaning
Repairs	$460.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$928.00
Total payable by Tenant to Landlord	$928.00

The landlords attended the remote hearing.

The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing times. The calls were not responded to. The landlord confirmed that the number provided to the Tribunal was the most recent number for the tenant known to the landlord. 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 to the tenant.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986

The tenant did not leave the premises reasonably clean and tidy. The landlord provided photos of the premises both prior to the commencement of the tenancy and at the end of the tenancy. The photos show that the tenant had not left the premises reasonably clean and tidy. The landlord provided an invoice for $441.00. The amount claimed is 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 landlords policy of insurance carries in excess of $2,500.00.

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 walls were damaged during the tenancy. The landlord provided photos showing holes and marks on the walls throughout the premises. It appeared that the tenant had also affixed an LED lighting system to the wall in one room and in removing it has damaged the wall. The landlord provided an invoice for repairs of $460.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered are proven.

As [The applicant/s] have wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The landlords applied for name suppression. The landlords have been wholly successful in this hearing and suppression of the landlords’ names and details is ordered.

Reasons

Claims and awards in Tenancy Tribunal application 5191916 — net $928.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$441.00	Cleaning
Repairs	$460.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$928.00
Total payable by Tenant to Landlord	$928.00

The landlords attended the remote hearing.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986

Is the tenant responsible for the damage to the premises?

The amount ordered are proven.

As [The applicant/s] have wholly succeeded with the claim I must order the tenant to reimburse the filing fee.

The landlords applied for name suppression. The landlords have been wholly successful in this hearing and suppression of the landlords’ names and details is ordered.

Tenancy Tribunal case 5191916 — Property damage

At a glance

Tenancy Tribunal case 5191916 — 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