How much money was awarded in case 5296512?

Cleaning: $170.00 awarded to landlord; Cleaning: $275.00 awarded to landlord; Property Damage: $375.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $214.30 awarded to landlord; Reinstate Mains Power: $500.00 awarded to landlord; Walls: $840.00 awarded to landlord

What type of tenancy dispute was case 5296512?

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

Where can I read the official tribunal order for case 5296512?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12838937-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5296512?

Cleaning: $170.00 awarded to landlord; Cleaning: $275.00 awarded to landlord; Property Damage: $375.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $214.30 awarded to landlord; Reinstate Mains Power: $500.00 awarded to landlord; Walls: $840.00 awarded to landlord

What type of tenancy dispute was case 5296512?

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

Where can I read the official tribunal order for case 5296512?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12838937-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5296512 — Property damage

Q: What was Tenancy Tribunal case 5296512 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 5296512 — net $2,401.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Reinstate Mains Power	$500.00	Reinstate Mains Power
Electrical fittings replacement/repair: Oven	$375.00	Electrical fittings replacement/repair: Oven
Carpet Cleaning	$170.00	Carpet Cleaning
Cleaning	$275.00	Cleaning
Repairs: Walls	$840.00	Repairs: Walls
Window Repairs	$214.30	Window Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,401.10
Total payable by Tenant to Landlord	$2,401.10

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

Darryn Christensen must pay [The landlord/s] $2,401.30 immediately, calculated as shown in table below. DescriptionLandlord Reinstate Mains Power$500.00 Electrical fittings replacement/repair: Oven$375.00 Carpet Cleaning$170.00 Cleaning$275.00 Repairs: Walls$840.00 Window Repairs $214.30 Filing fee reimbursement$27.00 Total award$2,401.30 Total payable by Tenant to Landlord$2,401.10

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

The Orders made at 2 above are additional to earlier Orders regarding outstanding rent.

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 tenant accepted the landlord claim for cleaning costs. I find that the landlord is also entitled to recover the carpet cleaning costs. The landlord provided photographs of the carpet at the end of the tenancy (covered in animal hair and other debris) and a receipt for carpet cleaning.

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.

The following damage was caused during the tenancy: Electricity was disconnected from the Mains, the oven was left filthy and without a warming drawer, a window was broken and there was damage to walls.

The tenant disputed most of the claims, as follows: a. The tenant says he is not liable for power reinstatement because he did not use mains power for the duration of the tenancy, he said he had some form of portable solar system. The premises were provided to the tenant with a Mains connection. The landlord did not consent to the premises being removed from Mains supply and for the tenant connecting to his own system. I find the tenant liable for the reinstatement. The landlord provided a receipt for reinstatement which included other minor repairs. I award $500 for reinstatement. b. The tenant says that the warming draw had a rat’s nest when he moved in and was dirty. That is inconsistent with the in-going inspection report. There is no record of the tenant raising that issue with the landlord. The landlord acted reasonably by purchasing a replacement second hand oven for $375.00. I award the amount claimed. c. The tenant says that some of the wall damage was wear and tear. I accept that, particularly in relation to marks where a couch would have been. I award the landlord compensation for a hole in the wall that was poorly patched. I award $840.00 being half the amount claimed for wall damage.

The damage is more than fair wear and tear, and the tenant has not disproved liability for all of the damage. The landlord provided the in-going inspection report, photographs and receipts. The amounts ordered are proved.

The tenant also accepted a claim for a window repair to the back door. I award the amount claimed.

The landlord also claimed for reinstatement of the broadband connection to the premises. The landlord claims that the connection was deliberately cut, and it must have been the tenant. There is no corroborative evidence to support the allegation that the tenant deliberately cut the external fibre connection at the property. This claim is dismissed.

As the landlord was substantially successful, I award reimbursement of the Tribunal application fee. I also grant the landlord request for suppression of her details.

Claims and awards in Tenancy Tribunal application 5296512 — net $2,401.10 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Reinstate Mains Power	$500.00	Reinstate Mains Power
Electrical fittings replacement/repair: Oven	$375.00	Electrical fittings replacement/repair: Oven
Carpet Cleaning	$170.00	Carpet Cleaning
Cleaning	$275.00	Cleaning
Repairs: Walls	$840.00	Repairs: Walls
Window Repairs	$214.30	Window Repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,401.10
Total payable by Tenant to Landlord	$2,401.10

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Darryn Christensen must pay [The landlord/s] $2,401.30 immediately, calculated as shown in table below. DescriptionLandlord Reinstate Mains Power$500.00 Electrical fittings replacement/repair: Oven$375.00 Carpet Cleaning$170.00 Cleaning$275.00 Repairs: Walls$840.00 Window Repairs $214.30 Filing fee reimbursement$27.00 Total award$2,401.30 Total payable by Tenant to Landlord$2,401.10

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The Orders made at 2 above are additional to earlier Orders regarding outstanding rent.

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 tenant accepted the landlord claim for cleaning costs. I find that the landlord is also entitled to recover the carpet cleaning costs. The landlord provided photographs of the carpet at the end of the tenancy (covered in animal hair and other debris) and a receipt for carpet cleaning.

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.
The following damage was caused during the tenancy: Electricity was disconnected from the Mains, the oven was left filthy and without a warming drawer, a window was broken and there was damage to walls.
The tenant disputed most of the claims, as follows: a. The tenant says he is not liable for power reinstatement because he did not use mains power for the duration of the tenancy, he said he had some form of portable solar system. The premises were provided to the tenant with a Mains connection. The landlord did not consent to the premises being removed from Mains supply and for the tenant connecting to his own system. I find the tenant liable for the reinstatement. The landlord provided a receipt for reinstatement which included other minor repairs. I award $500 for reinstatement. b. The tenant says that the warming draw had a rat’s nest when he moved in and was dirty. That is inconsistent with the in-going inspection report. There is no record of the tenant raising that issue with the landlord. The landlord acted reasonably by purchasing a replacement second hand oven for $375.00. I award the amount claimed. c. The tenant says that some of the wall damage was wear and tear. I accept that, particularly in relation to marks where a couch would have been. I award the landlord compensation for a hole in the wall that was poorly patched. I award $840.00 being half the amount claimed for wall damage.
The damage is more than fair wear and tear, and the tenant has not disproved liability for all of the damage. The landlord provided the in-going inspection report, photographs and receipts. The amounts ordered are proved.
The tenant also accepted a claim for a window repair to the back door. I award the amount claimed.
The landlord also claimed for reinstatement of the broadband connection to the premises. The landlord claims that the connection was deliberately cut, and it must have been the tenant. There is no corroborative evidence to support the allegation that the tenant deliberately cut the external fibre connection at the property. This claim is dismissed.
As the landlord was substantially successful, I award reimbursement of the Tribunal application fee. I also grant the landlord request for suppression of her details.

Tenancy Tribunal case 5296512 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5296512 — 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

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