How much money was awarded in case 5194554?

Cleaning: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Bin: $138.00 awarded to landlord; Plaster And Repaint Walls: $2,357.50 awarded to landlord; Rubbish Removal: $690.00 awarded to landlord

What type of tenancy dispute was case 5194554?

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

Where can I read the official tribunal order for case 5194554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11937793-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5194554?

Cleaning: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Bin: $138.00 awarded to landlord; Plaster And Repaint Walls: $2,357.50 awarded to landlord; Rubbish Removal: $690.00 awarded to landlord

What type of tenancy dispute was case 5194554?

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

Where can I read the official tribunal order for case 5194554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11937793-Tribunal_Order_Redacted.pdf.

14 Cessna Way, Newlands, Wellington 6037 Tenancy Tribunal Case 5194554 — Property damage

Q: What was Tenancy Tribunal case 5194554 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 5194554 — net $3,960.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repairs: Bin	$138.00	Repairs: Bin
Repairs: Plaster and repaint walls	$2,357.50	Repairs: Plaster and repaint walls
Rubbish removal	$690.00	Rubbish removal
Cleaning	$747.50	Cleaning
Net award	$3,960.00
Total payable by Tenant to Landlord	$3,960.00

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

Danny Samu, Lylla Lolo-Purcell, Tutonu purcell, Gabriel Schoultz and Noah Tovio must pay [The landlord/s] $3,960.00 immediately, calculated as shown in table below: DescriptionLandlord Filing fee reimbursement$27.00 Repairs: Bin$138.00 Repairs: Plaster and repaint walls$2,357.50 Rubbish removal$690.00 Cleaning$747.50 Total award$3,960.00 Total payable by Tenant to Landlord$3,960.00

Reasons

The landlord attended the hearing, the tenants did not attend. I rang the tenants Danny Samu, Lylla Lolo Purcell, and Noah Tovia twice each, but the calls were immediately disconnected. I rang the mobile numbers of Tutonu Purcell and Gabriel Schoultz twice each and left a message on their answerphones. I have checked and the tenants were sent notices of the hearing. I am proceeding in the absence of the tenants as they clearly have chosen not to attend the hearing.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

The tenancy was terminated by an Order from the Tribunal on 28 November 2024. The Tenancy Tribunal application number for the termination of the tenancy for rent arrears is NZ TT 5053668. The bond was refunded to the landlord to offset some of the rent arrears owed to the landlord.

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 has provided the Tribunal with a pre let inspection report and photos and an exit inspection report and photos. The property was left in a dirty condition with rubbish and the tenants discarded possessions left throughout the house.

The landlord has provided invoices from Build Care Building and Renovations for $690.00 for rubbish removal and $747.50 for cleaning.

I have viewed the photos, reports and the invoices and I find the landlord has proven their claim for the rubbish removal and cleaning costs.

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: -The kitchen bin was attached to the inside of a kitchen cupboard. The bin attachment was broken, and the bin was left on the bench. -Two of the bedrooms had holes in the walls.

The exit inspection photos clearly show the holes in the bedroom walls and the broken kitchen bin attachment. From viewing the pre let inspection it is clear that the damage has occurred during this tenancy.

The landlord has provided invoices for the cost of the repairs to the walls and the bin repair. Build Care Building and Renovations have provided invoices for $138.00 for the bin repair and $2357.50 for the replastering and repainting of the bedroom walls.

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

I am satisfied that the landlord has proven their claim for the repairs to the bin and the walls.

I do not need to consider depreciation in this matter as the home is modern and of a high standard. The repairs have simply put the landlord back into the condition they would have been in had the tenants not caused the damage. There are no issues of betterment in this case.

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

The landlord has sought suppression of their name and identifying details and as they have been wholly successful, I do grant suppression.

Order

Claims and awards in Tenancy Tribunal application 5194554 — net $3,960.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repairs: Bin	$138.00	Repairs: Bin
Repairs: Plaster and repaint walls	$2,357.50	Repairs: Plaster and repaint walls
Rubbish removal	$690.00	Rubbish removal
Cleaning	$747.50	Cleaning
Net award	$3,960.00
Total payable by Tenant to Landlord	$3,960.00

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

Reasons

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?

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

The landlord has provided invoices from Build Care Building and Renovations for $690.00 for rubbish removal and $747.50 for cleaning.

I have viewed the photos, reports and the invoices and I find the landlord has proven their claim for the rubbish removal and cleaning costs.

Is the tenant responsible for the damage to the premises?

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

I am satisfied that the landlord has proven their claim for the repairs to the bin and the walls.

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

The landlord has sought suppression of their name and identifying details and as they have been wholly successful, I do grant suppression.

Tenancy Tribunal case 5194554 — Property damage at 14 Cessna Way, Newlands, Wellington 6037

At a glance

Tenancy Tribunal case 5194554 — Property damage at 14 Cessna Way, Newlands, Wellington 6037

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