What was Tenancy Tribunal case 5277700 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 5277700?

Cleaning: $130.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $178.75 awarded to landlord; Vanity Unit Door: $103.50 awarded to landlord; Replace Furnishings: $36.80 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 5277700?

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

Where can I read the official tribunal order for case 5277700?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12236166-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5277700 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 5277700?

Cleaning: $130.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $178.75 awarded to landlord; Vanity Unit Door: $103.50 awarded to landlord; Replace Furnishings: $36.80 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord

What type of tenancy dispute was case 5277700?

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

Where can I read the official tribunal order for case 5277700?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12236166-Tribunal_Order_Redacted.pdf.

97 Hinau Street, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 5277700 — Property damage

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97 Hinau Street, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 5277700 — 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 5277700 — net $1,076.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$178.75	Lock/key replacement
Carpet Cleaning	$130.00	Carpet Cleaning
Cleaning	$100.00	Cleaning
Repairs: vanity unit door	$103.50	Repairs: vanity unit door
Replace furnishings	$36.80	Replace furnishings
Rubbish removal	$500.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,076.05
Total payable by Tenant to Landlord	$1,076.05

Claims and awards for application 5277700 — net $1,076.05 NZD. Verify on MoJ.

Lock/key replacement

Amount: $178.75
Awarded to: Landlord
Reason: Lock/key replacement

Carpet Cleaning

Amount: $130.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Cleaning

Repairs: vanity unit door

Amount: $103.50
Awarded to: Landlord
Reason: Repairs: vanity unit door

Replace furnishings

Amount: $36.80
Awarded to: Landlord
Reason: Replace furnishings

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Ariana Marie Hohipa must pay [The landlord/s] $1,076.05 immediately, calculated as shown in table below. DescriptionLandlord Lock/key replacement$178.75 Carpet Cleaning$130.00 Cleaning$100.00 Repairs: vanity unit door$103.50 Replace furnishings$36.80 Rubbish removal$500.00 Filing fee reimbursement$27.00 Total award$1,076.05 Total payable by Tenant to Landlord$1,076.05

Reasons

The landlord attended the hearing.
The landlord has applied for compensation, exemplary damages 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, 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven and some surfaces around windows required cleaning. The tenant had a puppy at the property and the carpets showed some staining.
The tenant did not return the keys.
The shower curtain that was new at the start of the tenancy required replacement.
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 photographic evidence that the following damage was caused during the tenancy: a. There was a burn mark in the carpet. This was careless damage. b. The door to the vanity unit in the bathroom had a hole in it. This was careless damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The burn mark in the carpet has not been repaired and so no invoice was produced in evidence. The property has been re-let with the carpet in this condition. The area of damage is small. On the evidence before the Tribunal, it is not persuaded on the balance of probabilities that the landlord has suffered loss that can be quantified. This claim is dismissed.
The amounts ordered are proved.
The landlord withdrew her claim for exemplary damages.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed 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 5277700 — net $1,076.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$178.75	Lock/key replacement
Carpet Cleaning	$130.00	Carpet Cleaning
Cleaning	$100.00	Cleaning
Repairs: vanity unit door	$103.50	Repairs: vanity unit door
Replace furnishings	$36.80	Replace furnishings
Rubbish removal	$500.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,076.05
Total payable by Tenant to Landlord	$1,076.05

Claims and awards for application 5277700 — net $1,076.05 NZD. Verify on MoJ.

Lock/key replacement

Amount: $178.75
Awarded to: Landlord
Reason: Lock/key replacement

Carpet Cleaning

Amount: $130.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Cleaning

Repairs: vanity unit door

Amount: $103.50
Awarded to: Landlord
Reason: Repairs: vanity unit door

Replace furnishings

Amount: $36.80
Awarded to: Landlord
Reason: Replace furnishings

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Ariana Marie Hohipa must pay [The landlord/s] $1,076.05 immediately, calculated as shown in table below. DescriptionLandlord Lock/key replacement$178.75 Carpet Cleaning$130.00 Cleaning$100.00 Repairs: vanity unit door$103.50 Replace furnishings$36.80 Rubbish removal$500.00 Filing fee reimbursement$27.00 Total award$1,076.05 Total payable by Tenant to Landlord$1,076.05

Reasons

The landlord attended the hearing.
The landlord has applied for compensation, exemplary damages 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, 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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven and some surfaces around windows required cleaning. The tenant had a puppy at the property and the carpets showed some staining.
The tenant did not return the keys.
The shower curtain that was new at the start of the tenancy required replacement.
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 photographic evidence that the following damage was caused during the tenancy: a. There was a burn mark in the carpet. This was careless damage. b. The door to the vanity unit in the bathroom had a hole in it. This was careless damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The burn mark in the carpet has not been repaired and so no invoice was produced in evidence. The property has been re-let with the carpet in this condition. The area of damage is small. On the evidence before the Tribunal, it is not persuaded on the balance of probabilities that the landlord has suffered loss that can be quantified. This claim is dismissed.
The amounts ordered are proved.
The landlord withdrew her claim for exemplary damages.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5277700 — Property damage at 97 Hinau Street, Castlecliff, Whanganui 4501

At a glance

Tenancy Tribunal case 5277700 — Property damage at 97 Hinau Street, Castlecliff, Whanganui 4501

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