What was Tenancy Tribunal case 5228771 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 5228771?

Cleaning: $499.50 awarded to landlord; Property Damage: $526.22 awarded to landlord; Rubbish Removal: $446.00 awarded to landlord; Rubbish Removal: $129.45 awarded to landlord

What type of tenancy dispute was case 5228771?

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

Where can I read the official tribunal order for case 5228771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12054780-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5228771 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 5228771?

Cleaning: $499.50 awarded to landlord; Property Damage: $526.22 awarded to landlord; Rubbish Removal: $446.00 awarded to landlord; Rubbish Removal: $129.45 awarded to landlord

What type of tenancy dispute was case 5228771?

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

Where can I read the official tribunal order for case 5228771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12054780-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5228771 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5228771 — net $1,601.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$526.22	Window repairs
Cleaning	$499.50	Cleaning
Rubbish removal: Tip fees	$129.45	Rubbish removal: Tip fees
Rubbish removal: cleaning, loading trailer	$446.00	Rubbish removal: cleaning, loading trailer
Net award	$1,601.17
Total payable by Tenant to Landlord	$1,601.17

The landlords attended the video 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 time. The first call appeared to be answered and then disconnected. The second call went through to voicemail. 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 has been given to the tenant.

The landlord has applied for compensation 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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photographs were provided by the landlord of the interior and exterior of the premises. The photographs make it clear that the premises were not left reasonably clean and tidy and that there was substantial rubbish which required removal. The landlord provided an invoice from a cleaner for $499.50.

The landlord carried out further cleaning, rubbish removal and loaded a trailer. The landlords’ costs were charged at a reasonable rate and the tenant is ordered to pay tip fees of $129.45 and landlords’ costs of $446.00.

The amounts ordered are proven.

The landlord also sought compensation for administration and travel costs on this matter. Where a landlord may choose to live is a matter for the landlord. If the landlord chooses to live at a distance from a tenancy, the tenant should not be disadvantaged and be responsible for a landlord’s travel costs. I do not consider that the claim for travel costs is reasonable. Similarly, the administration of a tenancy, including the filing of this application and preparation for this hearing, is a matter for the landlord and is part and parcel of their role. Section 102 of the Residential Tenancies Act 1986 records that the Tribunal shall have no power to award costs to or against any party to proceedings before it. The landlords’ claims are dismissed.

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 landlord's policy of insurance carries an excess on each and every claim of $750.00.

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.

Three windows were broken during the tenancy. The landlords provided photos of the damage and an invoice for $526.22 for repairs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proven.

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

Reasons

Claims and awards in Tenancy Tribunal application 5228771 — net $1,601.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$526.22	Window repairs
Cleaning	$499.50	Cleaning
Rubbish removal: Tip fees	$129.45	Rubbish removal: Tip fees
Rubbish removal: cleaning, loading trailer	$446.00	Rubbish removal: cleaning, loading trailer
Net award	$1,601.17
Total payable by Tenant to Landlord	$1,601.17

The landlords attended the video hearing.

The landlord has applied for compensation 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 amounts ordered are proven.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proven.

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

Tenancy Tribunal case 5228771 — Property damage

At a glance

Tenancy Tribunal case 5228771 — 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