What was Tenancy Tribunal case 5228331 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 5228331?

Cleaning: $615.25 awarded to landlord; Rubbish Removal: $249.55 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $139.96 awarded to landlord

What type of tenancy dispute was case 5228331?

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

Where can I read the official tribunal order for case 5228331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11973769-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5228331 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 5228331?

Cleaning: $615.25 awarded to landlord; Rubbish Removal: $249.55 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $139.96 awarded to landlord

What type of tenancy dispute was case 5228331?

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

Where can I read the official tribunal order for case 5228331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11973769-Tribunal_Order_Redacted.pdf.

33 Te Hei Place, Turangi, Turangi 3334 Tenancy Tribunal Case 5228331 — Cleanliness

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33 Te Hei Place, Turangi, Turangi 3334 Tenancy Tribunal Case 5228331 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5228331 — net $1,031.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$615.25	Carpet Cleaning
Cleaning: and rubbish removal	$249.55	Cleaning: and rubbish removal
Repairs	$139.96	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,031.76
Bond	$1,280.00
Total payable by Tenant to Landlord	$1,031.76

Claims and awards for application 5228331 — net $1,031.76 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $615.25
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning: and rubbish removal

Amount: $249.55
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Repairs

Amount: $139.96
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,031.76

Bond

Landlord $1,280.00

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Rubbish Removal Filing Fee Property damage

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Michaela Blossom Rewha and Orlando Taihakoa to pay [The landlord/s] $1,031.76 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,280.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,031.76 Michaela Blossom Rewha and Orlando Taihakoa: $248.24

Reasons

The landlord attended the hearing by video.
The tenant was called three times, but the calls were not answered and two messages were left.
The landlord has applied for rent arrears, 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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave some areas of the premises reasonably clean and tidy and did not remove all rubbish. The evidence showed that the carpets were stained and required commercial cleaning.
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 landlord provided photogrpagic evidence that there was a hole in a wall and some ceiling damage that the tenant had accepted was caused carelessly during the tenancy.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5228331 — net $1,031.76 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$615.25	Carpet Cleaning
Cleaning: and rubbish removal	$249.55	Cleaning: and rubbish removal
Repairs	$139.96	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,031.76
Bond	$1,280.00
Total payable by Tenant to Landlord	$1,031.76

Claims and awards for application 5228331 — net $1,031.76 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $615.25
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning: and rubbish removal

Amount: $249.55
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Repairs

Amount: $139.96
Awarded to: Landlord
Reason: Repairs

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,031.76

Bond

Landlord $1,280.00

Total payable by Tenant to Landlord

Claim types — money lines allowed on this order

Carpet Cleaning Rubbish Removal Filing Fee Property damage

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Michaela Blossom Rewha and Orlando Taihakoa to pay [The landlord/s] $1,031.76 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,280.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,031.76 Michaela Blossom Rewha and Orlando Taihakoa: $248.24

Reasons

The landlord attended the hearing by video.
The tenant was called three times, but the calls were not answered and two messages were left.
The landlord has applied for rent arrears, 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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave some areas of the premises reasonably clean and tidy and did not remove all rubbish. The evidence showed that the carpets were stained and required commercial cleaning.
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 landlord provided photogrpagic evidence that there was a hole in a wall and some ceiling damage that the tenant had accepted was caused carelessly during the tenancy.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5228331 — Cleanliness at 33 Te Hei Place, Turangi, Turangi 3334

At a glance

Tenancy Tribunal case 5228331 — Cleanliness at 33 Te Hei Place, Turangi, Turangi 3334

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