How much money was awarded in case 5200912?

Cleaning: $437.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Rent Arrears: $1,575.00 awarded to landlord; Water Rates: $223.92 awarded to landlord

What type of tenancy dispute was case 5200912?

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

Where can I read the official tribunal order for case 5200912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11936501-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5200912?

Cleaning: $437.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Rent Arrears: $1,575.00 awarded to landlord; Water Rates: $223.92 awarded to landlord

What type of tenancy dispute was case 5200912?

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

Where can I read the official tribunal order for case 5200912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11936501-Tribunal_Order_Redacted.pdf.

33B Raurenga Avenue, Royal Oak, Auckland 1023 Tenancy Tribunal Case 5200912 — Property damage

Q: What was Tenancy Tribunal case 5200912 about?

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

Order

Claims and awards in Tenancy Tribunal application 5200912 — net $1,482.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 January 2025	$1,575.00	Rent arrears to 9 January 2025
Water rates	$223.92	Water rates
Cleaning	$437.00	Cleaning
Carpet replacement	$2,000.00	Carpet replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,482.92
Total payable by Tenant to Landlord	$1,482.92

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

Thi Ngoc Lanh Pham and Huy Thuong Pham must pay [The landlord/s] $1,482.92 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,780.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. The landlord attended in person. The tenant attended by telephone.

The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 9 January 2025. The landlord provided rent records and water rates invoices 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

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 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: multiple stains on the carpet in all rooms. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord had sought $4,364.25 for replacement of the carpet, which was only five months old when the tenancy commenced. I am told that this was the first tenancy with this carpet.

The tenant arranged for a carpet cleaner to attend to clean the carpet stains. The tenant says that there was a miscommunication in relation to what cleaning was required. She wanted her cleaner to have another opportunity to clean the stains, but her cleaner could not attend during work hours. It would have been considerably inconvenient for the new tenants to accommodate carpet cleaning in the evening as was suggested.

The landlord produced photographs of the carpet after the tenant’s cleaner had attempted to clean them. There are still significant stains on the carpet. The staining is worst in the lounge and dining area.

I am awarding $2,000.00 for carpet replacement because the carpet has not yet been replaced even though there is a new tenancy. The landlord said that the carpet may be replaced after this tenancy ends. Also, it may be that the smaller stains in the bedrooms can be repaired rather than the carpet replaced entirely.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed from this order.

Claims and awards in Tenancy Tribunal application 5200912 — net $1,482.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 January 2025	$1,575.00	Rent arrears to 9 January 2025
Water rates	$223.92	Water rates
Cleaning	$437.00	Cleaning
Carpet replacement	$2,000.00	Carpet replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,482.92
Total payable by Tenant to Landlord	$1,482.92

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Thi Ngoc Lanh Pham and Huy Thuong Pham must pay [The landlord/s] $1,482.92 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,780.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. The landlord attended in person. The tenant attended by telephone.
The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 9 January 2025. The landlord provided rent records and water rates invoices 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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 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: multiple stains on the carpet in all rooms. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord had sought $4,364.25 for replacement of the carpet, which was only five months old when the tenancy commenced. I am told that this was the first tenancy with this carpet.
The tenant arranged for a carpet cleaner to attend to clean the carpet stains. The tenant says that there was a miscommunication in relation to what cleaning was required. She wanted her cleaner to have another opportunity to clean the stains, but her cleaner could not attend during work hours. It would have been considerably inconvenient for the new tenants to accommodate carpet cleaning in the evening as was suggested.
The landlord produced photographs of the carpet after the tenant’s cleaner had attempted to clean them. There are still significant stains on the carpet. The staining is worst in the lounge and dining area.
I am awarding $2,000.00 for carpet replacement because the carpet has not yet been replaced even though there is a new tenancy. The landlord said that the carpet may be replaced after this tenancy ends. Also, it may be that the smaller stains in the bedrooms can be repaired rather than the carpet replaced entirely.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the landlord’s name is suppressed from this order.

Tenancy Tribunal case 5200912 — Property damage at 33B Raurenga Avenue, Royal Oak, Auckland 1023

At a glance

Tenancy Tribunal case 5200912 — Property damage at 33B Raurenga Avenue, Royal Oak, Auckland 1023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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