What was Tenancy Tribunal case 5311642 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 5311642?

Cleaning: $250.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $601.00 awarded to landlord; Property Damage: $235.52 awarded to landlord; Replace Furnishings: Mat: $50.00 awarded to landlord; Rubbish Removal: $475.00 awarded to landlord; Walls and Doors: $2,044.70 awarded to landlord

What type of tenancy dispute was case 5311642?

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

Where can I read the official tribunal order for case 5311642?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12533960-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5311642 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 5311642?

Cleaning: $250.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $601.00 awarded to landlord; Property Damage: $235.52 awarded to landlord; Replace Furnishings: Mat: $50.00 awarded to landlord; Rubbish Removal: $475.00 awarded to landlord; Walls and Doors: $2,044.70 awarded to landlord

What type of tenancy dispute was case 5311642?

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

Where can I read the official tribunal order for case 5311642?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12533960-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5311642 — Property damage

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New Zealand Tenancy Tribunal Case 5311642 — 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 5311642 — net $1,694.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$250.00	Carpet Cleaning
Rubbish removal	$475.00	Rubbish removal
Replace furnishings: mat	$50.00	Replace furnishings: mat
Repairs to holes in walls and doors	$2,044.70	Repairs to holes in walls and doors
Cleaning	$400.00	Cleaning
Window repairs	$235.52	Window repairs
Lock/key replacement: & windows & door repairs	$601.00	Lock/key replacement: & windows & door repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,694.22
Total payable by Tenant to Landlord	$1,694.22

Claims and awards for application 5311642 — net $1,694.22 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $475.00
Awarded to: Landlord
Reason: Rubbish removal

Replace furnishings: mat

Amount: $50.00
Awarded to: Landlord
Reason: Replace furnishings: mat

Repairs to holes in walls and doors

Amount: $2,044.70
Awarded to: Landlord
Reason: Repairs to holes in walls and doors

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

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 and identifying details.
Lauren Renae Brydon must pay [The landlord/s] $1,694.22 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,390.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing. She had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
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?

The landlord claims compensation for cleaning, carpet cleaning, rubbish removal and lock replacement.
Section 40(1)(e)(ii)-(v) of the RTA states that 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.
The landlord has established in oral, written and photographic evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys. It appears as though no cleaning was undertaken, the carpets were considerably stained, and there was significant rubbish left scattered around the property. This is a breach of tenant obligation.
Having assessed the evidence, including the photos of the property at the commencement of the tenancy, I am satisfied that the amounts ordered are proven.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to undertake the following repairs after the tenants had vacated: a. Significant burns on the carpet around the fireplace. The landlord has purchased a mat to cover these rather than replace the carpet. b. There were a considerable number of holes in walls and five doors throughout the premise that had to be patched and painted. c. The cladding had been broken by the front door and badly patched which needed to be replaced. d. A window was broken. e. The door lock into the garage had been forced open and was broken. f. Several window latches had been forced open and broken.
To be successful in such a claim, 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.
Having assessed the evidence I am satisfied that the majority of the damage was intentionally caused given the nature and extent of the damage. Some damage appears careless such as the broken window. Accordingly, the tenant is liable for the repair costs.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The amounts ordered are considered reasonable on the basis of the evidence.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve their application for suppression orders in their favour.

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 5311642 — net $1,694.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$250.00	Carpet Cleaning
Rubbish removal	$475.00	Rubbish removal
Replace furnishings: mat	$50.00	Replace furnishings: mat
Repairs to holes in walls and doors	$2,044.70	Repairs to holes in walls and doors
Cleaning	$400.00	Cleaning
Window repairs	$235.52	Window repairs
Lock/key replacement: & windows & door repairs	$601.00	Lock/key replacement: & windows & door repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,694.22
Total payable by Tenant to Landlord	$1,694.22

Claims and awards for application 5311642 — net $1,694.22 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $475.00
Awarded to: Landlord
Reason: Rubbish removal

Replace furnishings: mat

Amount: $50.00
Awarded to: Landlord
Reason: Replace furnishings: mat

Repairs to holes in walls and doors

Amount: $2,044.70
Awarded to: Landlord
Reason: Repairs to holes in walls and doors

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

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 and identifying details.
Lauren Renae Brydon must pay [The landlord/s] $1,694.22 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,390.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing. She had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in her absence.
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?

The landlord claims compensation for cleaning, carpet cleaning, rubbish removal and lock replacement.
Section 40(1)(e)(ii)-(v) of the RTA states that 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.
The landlord has established in oral, written and photographic evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys. It appears as though no cleaning was undertaken, the carpets were considerably stained, and there was significant rubbish left scattered around the property. This is a breach of tenant obligation.
Having assessed the evidence, including the photos of the property at the commencement of the tenancy, I am satisfied that the amounts ordered are proven.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for having to undertake the following repairs after the tenants had vacated: a. Significant burns on the carpet around the fireplace. The landlord has purchased a mat to cover these rather than replace the carpet. b. There were a considerable number of holes in walls and five doors throughout the premise that had to be patched and painted. c. The cladding had been broken by the front door and badly patched which needed to be replaced. d. A window was broken. e. The door lock into the garage had been forced open and was broken. f. Several window latches had been forced open and broken.
To be successful in such a claim, 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.
Having assessed the evidence I am satisfied that the majority of the damage was intentionally caused given the nature and extent of the damage. Some damage appears careless such as the broken window. Accordingly, the tenant is liable for the repair costs.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The amounts ordered are considered reasonable on the basis of the evidence.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and approve their application for suppression orders in their favour.

Tenancy Tribunal case 5311642 — Property damage

At a glance

Tenancy Tribunal case 5311642 — 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

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