What was Tenancy Tribunal case 5331159 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] and Kerry Noble

How much money was awarded in case 5331159?

Cleaning: $210.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Methamphetamine Test Report Fee: $315.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; lounge door, kitchen cupboard, and w…: $391.00 awarded to landlord; Rubbish Removal: $195.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 5331159?

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

Where can I read the official tribunal order for case 5331159?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12512271-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5331159 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] and Kerry Noble

How much money was awarded in case 5331159?

Cleaning: $210.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Methamphetamine Test Report Fee: $315.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; lounge door, kitchen cupboard, and w…: $391.00 awarded to landlord; Rubbish Removal: $195.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 5331159?

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

Where can I read the official tribunal order for case 5331159?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12512271-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 2, 582 Gloucester Street, Linwood, Tenancy Tribunal Case 5331159 — Property damage

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Unit/Flat Flat 2, 582 Gloucester Street, Linwood, Tenancy Tribunal Case 5331159 — 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 5331159 — net $1,639.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess to replace damaged lounge net curtains and instal track	$300.00	Insurance excess to replace damaged lounge net curtains and instal track
Cleaning	$210.00	Cleaning
Rubbish removal	$195.00	Rubbish removal
Repairs: lounge door, kitchen cupboard, and walls	$391.00	Repairs: lounge door, kitchen cupboard, and walls
Landlord time for repairs, rubbish removal, and cleaning	$200.00	Landlord time for repairs, rubbish removal, and cleaning
Methamphetamine test report fee	$315.00	Methamphetamine test report fee
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,639.00
Total payable by Tenant to Landlord	$1,639.00

Claims and awards for application 5331159 — net $1,639.00 NZD. Verify on MoJ.

Insurance excess to replace damaged lounge net curtains and instal track

Amount: $300.00
Awarded to: Landlord
Reason: Insurance excess to replace damaged lounge net curtains and instal track

Cleaning

Amount: $210.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $195.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: lounge door, kitchen cupboard, and walls

Amount: $391.00
Awarded to: Landlord
Reason: Repairs: lounge door, kitchen cupboard, and walls

Landlord time for repairs, rubbish removal, and cleaning

Amount: $200.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] must pay [The landlord/s] and Kerry Noble Williams as trustees for B & J Grant Family Trust $1,639.00 immediately, calculated as shown in table below:
The application for exemplary damages is dismissed.

Reasons

Mr Grant as trustee attended the hearing for the landlord. The tenant did not attend.
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, 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord incurred time arranging for repairs, cleaning, and rubbish removal. The landlord has only claimed for part of the labour incurred.
The landlord gave evidence that the tenant had friends/associates move into the premises. She told him they smoked methamphetamine. I have therefore awarded the cost of a methamphetamine test report.
Because the tenant’s associates would not vacate the premises, the landlord and tenant agreed to terminate the tenancy and the landlord was able to have them evicted.

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.
The following damage was caused during the tenancy. There were holes in walls, in the lounge door, and a kitchen cupboard. The net curtains in the lounge were damaged and had to be replaced. The landlord’s claim for damage to the curtains is limited to the amount of the insurance excess.
The amounts ordered are proved by invoices, photos, and by the evidence the landlord gave at the hearing. Exemplary damages
The landlord sought exemplary damages in the application for the tenant using the premises for an unlawful purpose (drug use). The landlord did not address this at the hearing.
I make no award of exemplary damages in this case. The landlord’s evidence is that the tenant’s associates would not leave the premises when asked to. The allegation of unlawful use of the premises is made against them. The landlord and the tenant agreed to end the tenancy as a way of having them evicted. The tenant simply walked out leaving all her goods behind.
In the overall circumstances of the tenancy, I would not find the necessary element of intent by the tenant proved. It is probable that she became the victim of abuse from her associates who would not vacate the tenancy when asked to.
Because the application is successful, I have awarded the landlord 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 5331159 — net $1,639.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess to replace damaged lounge net curtains and instal track	$300.00	Insurance excess to replace damaged lounge net curtains and instal track
Cleaning	$210.00	Cleaning
Rubbish removal	$195.00	Rubbish removal
Repairs: lounge door, kitchen cupboard, and walls	$391.00	Repairs: lounge door, kitchen cupboard, and walls
Landlord time for repairs, rubbish removal, and cleaning	$200.00	Landlord time for repairs, rubbish removal, and cleaning
Methamphetamine test report fee	$315.00	Methamphetamine test report fee
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,639.00
Total payable by Tenant to Landlord	$1,639.00

Claims and awards for application 5331159 — net $1,639.00 NZD. Verify on MoJ.

Insurance excess to replace damaged lounge net curtains and instal track

Amount: $300.00
Awarded to: Landlord
Reason: Insurance excess to replace damaged lounge net curtains and instal track

Cleaning

Amount: $210.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $195.00
Awarded to: Landlord
Reason: Rubbish removal

Repairs: lounge door, kitchen cupboard, and walls

Amount: $391.00
Awarded to: Landlord
Reason: Repairs: lounge door, kitchen cupboard, and walls

Landlord time for repairs, rubbish removal, and cleaning

Amount: $200.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] must pay [The landlord/s] and Kerry Noble Williams as trustees for B & J Grant Family Trust $1,639.00 immediately, calculated as shown in table below:
The application for exemplary damages is dismissed.

Reasons

Mr Grant as trustee attended the hearing for the landlord. The tenant did not attend.
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, 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord incurred time arranging for repairs, cleaning, and rubbish removal. The landlord has only claimed for part of the labour incurred.
The landlord gave evidence that the tenant had friends/associates move into the premises. She told him they smoked methamphetamine. I have therefore awarded the cost of a methamphetamine test report.
Because the tenant’s associates would not vacate the premises, the landlord and tenant agreed to terminate the tenancy and the landlord was able to have them evicted.

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.
The following damage was caused during the tenancy. There were holes in walls, in the lounge door, and a kitchen cupboard. The net curtains in the lounge were damaged and had to be replaced. The landlord’s claim for damage to the curtains is limited to the amount of the insurance excess.
The amounts ordered are proved by invoices, photos, and by the evidence the landlord gave at the hearing. Exemplary damages
The landlord sought exemplary damages in the application for the tenant using the premises for an unlawful purpose (drug use). The landlord did not address this at the hearing.
I make no award of exemplary damages in this case. The landlord’s evidence is that the tenant’s associates would not leave the premises when asked to. The allegation of unlawful use of the premises is made against them. The landlord and the tenant agreed to end the tenancy as a way of having them evicted. The tenant simply walked out leaving all her goods behind.
In the overall circumstances of the tenancy, I would not find the necessary element of intent by the tenant proved. It is probable that she became the victim of abuse from her associates who would not vacate the tenancy when asked to.
Because the application is successful, I have awarded the landlord the filing fee.

Tenancy Tribunal case 5331159 — Property damage at Unit/Flat Flat 2, 582 Gloucester Street, Linwood,

At a glance

Tenancy Tribunal case 5331159 — Property damage at Unit/Flat Flat 2, 582 Gloucester Street, Linwood,

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

Property management

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

Property management

Frequently asked questions