How much money was awarded in case 5291103?

Cleaning: $750.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,750.00 awarded to landlord

What type of tenancy dispute was case 5291103?

The primary dispute was Property damage. Related themes: Cleanliness, Mould & damp.

Where can I read the official tribunal order for case 5291103?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12269848-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5291103?

Cleaning: $750.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,750.00 awarded to landlord

What type of tenancy dispute was case 5291103?

The primary dispute was Property damage. Related themes: Cleanliness, Mould & damp.

Where can I read the official tribunal order for case 5291103?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12269848-Tribunal_Order_Redacted.pdf.

23 Bennett Street, Gonville, Whanganui 4501 Tenancy Tribunal Case 5291103 — Property damage

Q: What was Tenancy Tribunal case 5291103 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 5291103 — net $2,777.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$750.00	Cleaning
Cleaning: mould	$250.00	Cleaning: mould
Repairs	$1,750.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,777.00
Total payable by Tenant to Landlord	$2,777.00

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

Carolyn Josephine Woller must pay [The landlord/s] $2,777.00 immediately, calculated as shown in the table below. DescriptionLandlord Cleaning$750.00 Cleaning: mould$250.00 Repairs$1,750.00 Filing fee reimbursement$27.00 Total award$2,777.00 Total payable by Tenant to Landlord$2,777.00

Reasons

Both parties attended the hearing.

The landlord has applied for compensation 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. 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 Tribunal has awarded a sum that it regularly sees for house cleaning in this area to bring the property to a reasonably clean and tidy standard.

The landlord provided photographic evidence that one of the bedrooms was unclean because of extensive mould. It is appropriate to award a separate sum to reflect the specialist nature of the cleaning required.

The landlord claimed for replacement of the shower curtain. Given its age and the five-year length of the tenancy, the Tribunal does not accept that its condition was not due to fair wear and tear and the landlord’s claim is dismissed.

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 and the tenant responsibly accepted liability for the damage. All the damage was intentional or careless and the amounts awarded are less than the landlord’s insurance excess. Alongside each item of damage is the sum the Tribunal has awarded based on invoices for similar works seen regularly by the Tribunal in this area and taking into account betterment and depreciation. a. The lounge door had a hole in it, its frame and hinges were damaged: $300.00. b. A hole in the lounge wall. $150.00. c. There was damage to the inside of the kitchen door to outside. $200.00. d. There was a hole in the door and in the wall in bedroom 1. $300.00. e. There was damage to a wall in the toilet. $50.00 f. The bathroom vanity was damaged beyond repair. $300. g. In bedroom 2 wallpaper had been torn off in two places and there was drawing on a wall. There was also paint or nail polish on the floor. $350. h. There was a hole in the door and a small hole in the wall in bedroom 3. $100.

The landlord claimed for the replacement of curtains that were damaged by mould and had some fabric damaged. The landlord had not tried to clean the curtains and has not persuaded the Tribunal that the damage was not caused by fair wear and tear. The landlord’s claim is dismissed.

The amounts ordered are proved.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5291103 — net $2,777.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$750.00	Cleaning
Cleaning: mould	$250.00	Cleaning: mould
Repairs	$1,750.00	Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,777.00
Total payable by Tenant to Landlord	$2,777.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Carolyn Josephine Woller must pay [The landlord/s] $2,777.00 immediately, calculated as shown in the table below. DescriptionLandlord Cleaning$750.00 Cleaning: mould$250.00 Repairs$1,750.00 Filing fee reimbursement$27.00 Total award$2,777.00 Total payable by Tenant to Landlord$2,777.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation 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. 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 Tribunal has awarded a sum that it regularly sees for house cleaning in this area to bring the property to a reasonably clean and tidy standard.
The landlord provided photographic evidence that one of the bedrooms was unclean because of extensive mould. It is appropriate to award a separate sum to reflect the specialist nature of the cleaning required.
The landlord claimed for replacement of the shower curtain. Given its age and the five-year length of the tenancy, the Tribunal does not accept that its condition was not due to fair wear and tear and the landlord’s claim is dismissed.
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 and the tenant responsibly accepted liability for the damage. All the damage was intentional or careless and the amounts awarded are less than the landlord’s insurance excess. Alongside each item of damage is the sum the Tribunal has awarded based on invoices for similar works seen regularly by the Tribunal in this area and taking into account betterment and depreciation. a. The lounge door had a hole in it, its frame and hinges were damaged: $300.00. b. A hole in the lounge wall. $150.00. c. There was damage to the inside of the kitchen door to outside. $200.00. d. There was a hole in the door and in the wall in bedroom 1. $300.00. e. There was damage to a wall in the toilet. $50.00 f. The bathroom vanity was damaged beyond repair. $300. g. In bedroom 2 wallpaper had been torn off in two places and there was drawing on a wall. There was also paint or nail polish on the floor. $350. h. There was a hole in the door and a small hole in the wall in bedroom 3. $100.
The landlord claimed for the replacement of curtains that were damaged by mould and had some fabric damaged. The landlord had not tried to clean the curtains and has not persuaded the Tribunal that the damage was not caused by fair wear and tear. The landlord’s claim is dismissed.
The amounts ordered are proved.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5291103 — Property damage at 23 Bennett Street, Gonville, Whanganui 4501

At a glance

Tenancy Tribunal case 5291103 — Property damage at 23 Bennett Street, Gonville, 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