How much money was awarded in case 5297320?

Cleaning: $362.26 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Blocked Toilet: $686.40 awarded to landlord; plaster and paint holes and rehang c…: $649.98 awarded to landlord; Remove Paint: $107.40 awarded to landlord; Rubbish Removal: $388.84 awarded to landlord

What type of tenancy dispute was case 5297320?

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

Where can I read the official tribunal order for case 5297320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12305589-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5297320?

Cleaning: $362.26 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Blocked Toilet: $686.40 awarded to landlord; plaster and paint holes and rehang c…: $649.98 awarded to landlord; Remove Paint: $107.40 awarded to landlord; Rubbish Removal: $388.84 awarded to landlord

What type of tenancy dispute was case 5297320?

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

Where can I read the official tribunal order for case 5297320?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12305589-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 1, 43A Merton Street, Trentham, Upper Hutt Tenancy Tribunal Case 5297320 — Property damage

Q: What was Tenancy Tribunal case 5297320 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 5297320 — net $161.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$362.26	Cleaning
Rubbish removal	$388.84	Rubbish removal
Repairs: blocked toilet	$686.40	Repairs: blocked toilet
Repairs: remove paint	$107.40	Repairs: remove paint
Repairs: plaster and paint holes and rehang curtains	$649.98	Repairs: plaster and paint holes and rehang curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$161.88
Total payable by Tenant to Landlord	$161.88

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

Anahera Te Moana must pay [The landlord/s] $161.88 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$362.26 Rubbish removal$388.84 Repairs: blocked toilet$686.40 Repairs: remove paint$107.40 Repairs: plaster and paint holes and rehang curtains$649.98 Filing fee reimbursement$27.00 Total award$2,221.88 Bond$2,060.00 Total payable by Tenant to Landlord$161.88

Reasons

The landlord attended the hearing by video.

The tenant was telephoned twice but did not answer and so messages were left.

The landlord has applied for compensation, refund of the bond, 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, and 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. It appeared from the photographs that the tenant had taken what she wanted, left anything else behind and had made no attempt to clean.

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 following damage was caused during the tenancy: a. There were two holes in two holes. b. The tenant had painted over the kitchen window and around the exterior of a large window. c. Curtains had been removed from some windows and required rehanging.

From its nature and extent, the damage was intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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 5297320 — net $161.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$362.26	Cleaning
Rubbish removal	$388.84	Rubbish removal
Repairs: blocked toilet	$686.40	Repairs: blocked toilet
Repairs: remove paint	$107.40	Repairs: remove paint
Repairs: plaster and paint holes and rehang curtains	$649.98	Repairs: plaster and paint holes and rehang curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$161.88
Total payable by Tenant to Landlord	$161.88

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Anahera Te Moana must pay [The landlord/s] $161.88 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$362.26 Rubbish removal$388.84 Repairs: blocked toilet$686.40 Repairs: remove paint$107.40 Repairs: plaster and paint holes and rehang curtains$649.98 Filing fee reimbursement$27.00 Total award$2,221.88 Bond$2,060.00 Total payable by Tenant to Landlord$161.88

Reasons

The landlord attended the hearing by video.
The tenant was telephoned twice but did not answer and so messages were left.
The landlord has applied for compensation, refund of the bond, 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, and 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. It appeared from the photographs that the tenant had taken what she wanted, left anything else behind and had made no attempt to clean.
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 following damage was caused during the tenancy: a. There were two holes in two holes. b. The tenant had painted over the kitchen window and around the exterior of a large window. c. Curtains had been removed from some windows and required rehanging.
From its nature and extent, the damage was intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5297320 — Property damage at Unit/Flat Flat 1, 43A Merton Street, Trentham, Upper Hutt

At a glance

Tenancy Tribunal case 5297320 — Property damage at Unit/Flat Flat 1, 43A Merton Street, Trentham, Upper Hutt

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