What was the outcome of Tenancy Tribunal case 5261384?

The tribunal order states: Taisha A Rowland to pay Linkpeople Limited $568.00 from the bond, calculated

How much money was awarded in case 5261384?

Cleaning: $273.00 awarded to landlord; Property Damage: $295.00 awarded to landlord

What type of tenancy dispute was case 5261384?

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

Where can I read the official tribunal order for case 5261384?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12145280-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5261384?

The tribunal order states: Taisha A Rowland to pay Linkpeople Limited $568.00 from the bond, calculated

How much money was awarded in case 5261384?

Cleaning: $273.00 awarded to landlord; Property Damage: $295.00 awarded to landlord

What type of tenancy dispute was case 5261384?

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

Where can I read the official tribunal order for case 5261384?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12145280-Tenancy_Tribunal_Order.pdf.

34 Oregon Drive, Murupara, Murupara 3025 Tenancy Tribunal Case 5261384 — Property damage

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34 Oregon Drive, Murupara, Murupara 3025 Tenancy Tribunal Case 5261384 — Property damage | 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 5261384 — net $568.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$273.00	Cleaning
Window repairs	$295.00	Window repairs
Net award	$568.00
Bond	$568.00
Total payable by Tenant to Landlord	$568.00

Claims and awards for application 5261384 — net $568.00 NZD. Verify on MoJ.

Cleaning

Amount: $273.00
Awarded to: Landlord
Reason: Cleaning

Window repairs

Amount: $295.00
Awarded to: Landlord
Reason: Window repairs

Net award

Landlord $568.00

Bond

Landlord $568.00

Total payable by Tenant to Landlord

Landlord $568.00

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

Taisha A Rowland to pay Linkpeople Limited $568.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $568.00 (3455292-006) to Linkpeople Ltd immediately.

Reasons

A representative of LinkPeople Ltd attended the hearing, conducted remotely. The tenant could not be contacted on the number provided but I am satisfied she had been served with the notice of hearing.
The landlord has applied for compensation and refund of the bond.

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.
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.
The following damage was caused during the tenancy: A bedroom window was broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find that the damage was more likely caused carelessly or accidentally rather than intentionally however the tenant is liable for the costs of the repair.
The amounts ordered are proved.
The landlord did not seek suppression.

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 5261384 — net $568.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$273.00	Cleaning
Window repairs	$295.00	Window repairs
Net award	$568.00
Bond	$568.00
Total payable by Tenant to Landlord	$568.00

Claims and awards for application 5261384 — net $568.00 NZD. Verify on MoJ.

Cleaning

Amount: $273.00
Awarded to: Landlord
Reason: Cleaning

Window repairs

Amount: $295.00
Awarded to: Landlord
Reason: Window repairs

Net award

Landlord $568.00

Bond

Landlord $568.00

Total payable by Tenant to Landlord

Landlord $568.00

Claim types — money lines allowed on this order

Cleanliness Property damage

Order

Taisha A Rowland to pay Linkpeople Limited $568.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $568.00 (3455292-006) to Linkpeople Ltd immediately.

Reasons

A representative of LinkPeople Ltd attended the hearing, conducted remotely. The tenant could not be contacted on the number provided but I am satisfied she had been served with the notice of hearing.
The landlord has applied for compensation and refund of the bond.

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.
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.
The following damage was caused during the tenancy: A bedroom window was broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find that the damage was more likely caused carelessly or accidentally rather than intentionally however the tenant is liable for the costs of the repair.
The amounts ordered are proved.
The landlord did not seek suppression.

Tenancy Tribunal case 5261384 — Property damage at 34 Oregon Drive, Murupara, Murupara 3025

At a glance

Tenancy Tribunal case 5261384 — Property damage at 34 Oregon Drive, Murupara, Murupara 3025

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

Property management

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

Property management

Frequently asked questions