How much money was awarded in case 5347047?

Cleaning: $550.00 awarded to landlord; Cleaning: $649.35 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $185.93 awarded to landlord; Property Damage: $3,538.82 awarded to landlord; Rubbish Removal: $1,607.34 awarded to landlord; Property Damage: $1,053.04 awarded to landlord

What type of tenancy dispute was case 5347047?

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

Where can I read the official tribunal order for case 5347047?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12823370-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5347047?

Cleaning: $550.00 awarded to landlord; Cleaning: $649.35 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $185.93 awarded to landlord; Property Damage: $3,538.82 awarded to landlord; Rubbish Removal: $1,607.34 awarded to landlord; Property Damage: $1,053.04 awarded to landlord

What type of tenancy dispute was case 5347047?

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

Where can I read the official tribunal order for case 5347047?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12823370-Tribunal_Order_Redacted.pdf.

10 Arran Street, Levin, Levin 5510 Tenancy Tribunal Case 5347047 — Property damage

Q: What was Tenancy Tribunal case 5347047 about?

The tribunal order states: An application for suppression has been made in this case and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5347047 — net $7,612.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$550.00	5. The carpets were stained and the landlord gave evidence that they also had a strong odour.
Cleaning	$649.35	5. The carpets were stained and the landlord gave evidence that they also had a strong odour.
Rubbish removal	$1,607.34	Rubbish removal
Repairs	$3,538.82	Repairs
Window repairs: and some plastering	$1,053.04	Window repairs: and some plastering
Lawns and Garden work: fire pit repairs	$185.93	Lawns and Garden work: fire pit repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,612.48
Total payable by Tenant to Landlord	$7,612.48

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

Fouga Travers must pay [The landlord/s] $7,612.48 immediately, calculated as shown in table below. DescriptionLandlord Carpet Cleaning$550.00 Cleaning$649.35 Rubbish removal$1,607.34 Repairs$3,538.82 Window repairs: and some plastering$1,053.04 Lawns and Garden work: fire pit repairs$185.93 Filing fee reimbursement$28.00 Total award$7,612.48 Total payable by Tenant to Landlord$7,612.48

Reasons

The landlord 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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The tenant took items she wished to keep and left a substantial amount of rubbish behind and made no attempt to clean the property.

The carpets were stained and the landlord gave evidence that they also had a strong odour. It is fair and reasonable that the tenant be responsible for the costs of cleaning the carpets as they were not in a reasonably clean condition at the end of the tenancy.

The tenant had burned amounts of rubbish on the back lawn and the landlord provided photographic evidence that these areas required resowing.

The landlord had to replace light bulbs.

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. In bedroom 1 there were holes in the walls, a broken electrical switch, damage to the door frame, curtains, curtain rails and the doorstop were missing. b. In bedroom 2 the door was missing and the door frame was split. The curtains were on the floor. There were drawings on the door frame. c. In bedroom 3 hardware was missing from the door, there were numerous chips to the paint and there were scratches and gouges to the door. d. In the bathroom a large area of wallpaper was ton and the toil rail ad been torn from the wall causing a large hole. e. There was a tear to the wallpaper in the toilet, a small hole in the wall and the light shade was missing. f. A light shade was missing in the laundry. g. Glass in the front and back doors was broken. h. The doors from off the hallway had holes and splits in them. There were many scrapes along the walls and a split in the plaster. i. Hardware was missing from the back door. j. In the dining/kitchen area there was paint damage and holes in the plaster. k. Handles were missing off kitchen drawers. l. In the lounge there was a hole in the wall that had been unprofessionally plastered, curtains were damaged beyond repair, there was writing on windowsills and above the gas fire.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Holes in the plaster and the doors and door frames appear to have been caused by punching and kicking. From its nature and extent, it is reasonable to conclude that the damage was intentional.

The amounts ordered are proved.

I have considered betterment and depreciation and am satisfied that the landlord is not in a better position after the repairs were done. The property has been returned to the condition it was in before the tenant breached the tenancy agreement and inflicted the damage.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5347047 — net $7,612.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$550.00	5. The carpets were stained and the landlord gave evidence that they also had a strong odour.
Cleaning	$649.35	5. The carpets were stained and the landlord gave evidence that they also had a strong odour.
Rubbish removal	$1,607.34	Rubbish removal
Repairs	$3,538.82	Repairs
Window repairs: and some plastering	$1,053.04	Window repairs: and some plastering
Lawns and Garden work: fire pit repairs	$185.93	Lawns and Garden work: fire pit repairs
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,612.48
Total payable by Tenant to Landlord	$7,612.48

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

Reasons

The landlord 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?

The tenant had burned amounts of rubbish on the back lawn and the landlord provided photographic evidence that these areas required resowing.

The landlord had to replace light bulbs.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5347047 — Property damage at 10 Arran Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5347047 — Property damage at 10 Arran Street, Levin, Levin 5510

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