What was Tenancy Tribunal case 5350749 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 5350749?

Cleaning: $120.00 awarded to landlord; Cleaning: $396.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $218.21 awarded to landlord; Rubbish Removal: $452.86 awarded to landlord

What type of tenancy dispute was case 5350749?

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

Where can I read the official tribunal order for case 5350749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12682248-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5350749 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 5350749?

Cleaning: $120.00 awarded to landlord; Cleaning: $396.75 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $218.21 awarded to landlord; Rubbish Removal: $452.86 awarded to landlord

What type of tenancy dispute was case 5350749?

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

Where can I read the official tribunal order for case 5350749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12682248-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5350749 — Cleanliness

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New Zealand Tenancy Tribunal Case 5350749 — Cleanliness | 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 5350749 — net $879.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$452.86		Rubbish removal
Carpet Cleaning	$120.00		Carpet Cleaning
Cleaning	$396.75		Cleaning
Window repairs	$218.21		Window repairs
Filing fee reimbursement	$28.00		Filing fee reimbursement
Bond already paid to Landlord		$336.00	Bond already paid to Landlord
Total award	$1,215.82	$336.00
Net award	$879.82
Total payable by Tenant to Landlord	$879.82

Claims and awards for application 5350749 — net $879.82 NZD. Verify on MoJ.

Rubbish removal

Amount: $452.86
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $120.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $396.75
Awarded to: Landlord
Reason: Cleaning

Window repairs

Amount: $218.21
Awarded to: Landlord
Reason: Window repairs

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Bond already paid to Landlord

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’s name and identifying details.
Douglas Marsh must pay [The landlord/s] $879.82 immediately, calculated as shown in table below.

Reasons

Ms [T] attended the hearing on behalf of 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.
In the application, the landlord made claims for methamphetamine testing and related cleaning. These claims were withdrawn at the hearing.
The bond has already been paid to the landlord and has been credited to the tenant in this order.

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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographs and invoices to prove the amounts claimed for general cleaning, carpet cleaning and rubbish removal.
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 under sections 40(2)(a), 41 and 49B of the Act.
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) under section 49B(3)(b) of the Act.
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 under section 49B(1) of the Act.
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 (Guo v Korck [2019] NZHC 1541).
During the tenancy a window was broken and parts of the frame removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
As [The applicant/s] has substantially succeeded with the claim I have reimbursed 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 5350749 — net $879.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal	$452.86		Rubbish removal
Carpet Cleaning	$120.00		Carpet Cleaning
Cleaning	$396.75		Cleaning
Window repairs	$218.21		Window repairs
Filing fee reimbursement	$28.00		Filing fee reimbursement
Bond already paid to Landlord		$336.00	Bond already paid to Landlord
Total award	$1,215.82	$336.00
Net award	$879.82
Total payable by Tenant to Landlord	$879.82

Claims and awards for application 5350749 — net $879.82 NZD. Verify on MoJ.

Rubbish removal

Amount: $452.86
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $120.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $396.75
Awarded to: Landlord
Reason: Cleaning

Window repairs

Amount: $218.21
Awarded to: Landlord
Reason: Window repairs

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Bond already paid to Landlord

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’s name and identifying details.
Douglas Marsh must pay [The landlord/s] $879.82 immediately, calculated as shown in table below.

Reasons

Ms [T] attended the hearing on behalf of 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.
In the application, the landlord made claims for methamphetamine testing and related cleaning. These claims were withdrawn at the hearing.
The bond has already been paid to the landlord and has been credited to the tenant in this order.

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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographs and invoices to prove the amounts claimed for general cleaning, carpet cleaning and rubbish removal.
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 under sections 40(2)(a), 41 and 49B of the Act.
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) under section 49B(3)(b) of the Act.
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 under section 49B(1) of the Act.
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 (Guo v Korck [2019] NZHC 1541).
During the tenancy a window was broken and parts of the frame removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amount ordered is proved.
As [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5350749 — Cleanliness

At a glance

Tenancy Tribunal case 5350749 — Cleanliness

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