What was the outcome of Tenancy Tribunal case 5355884?

The tribunal order states: The Bond Centre is to pay $1,383.61 from the bond of $1,600.00 (5960754-001)

How much money was awarded in case 5355884?

Cleaning: $16.00 awarded to landlord; Cleaning: $686.55 awarded to landlord; Curtain Hook: $2.95 awarded to landlord; Carpet: $160.00 awarded to landlord; Smoke Alarms: $51.61 awarded to landlord; Rubbish Removal: $430.00 awarded to landlord; Rubbish Removal: $25.00 awarded to landlord; Shower Caddy: $11.50 awarded to landlord

What type of tenancy dispute was case 5355884?

The primary dispute was Cleanliness. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 5355884?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12994622-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5355884?

The tribunal order states: The Bond Centre is to pay $1,383.61 from the bond of $1,600.00 (5960754-001)

How much money was awarded in case 5355884?

Cleaning: $16.00 awarded to landlord; Cleaning: $686.55 awarded to landlord; Curtain Hook: $2.95 awarded to landlord; Carpet: $160.00 awarded to landlord; Smoke Alarms: $51.61 awarded to landlord; Rubbish Removal: $430.00 awarded to landlord; Rubbish Removal: $25.00 awarded to landlord; Shower Caddy: $11.50 awarded to landlord

What type of tenancy dispute was case 5355884?

The primary dispute was Cleanliness. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 5355884?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12994622-Tenancy_Tribunal_Order.pdf.

62 Melbourne Street, South Dunedin, Dunedin 9012 Tenancy Tribunal Case 5355884 — Cleanliness

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62 Melbourne Street, South Dunedin, Dunedin 9012 Tenancy Tribunal Case 5355884 — 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 5355884 — net $1,383.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$686.55	Cleaning
Rubbish removal: Skip hire	$430.00	Rubbish removal: Skip hire
Rubbish removal: Trailer hire	$25.00	Rubbish removal: Trailer hire
Carpet Cleaning: Tip fees	$16.00	Carpet Cleaning: Tip fees
Replace smoke alarms: x4	$51.61	Replace smoke alarms: x4
Repairs: Carpet	$160.00	tenant has not disproved liability for the damage. The tenant is ordered to pay $160.00.
Shower caddy	$11.50	Shower caddy
Curtain hook	$2.95	Curtain hook
Net award	$1,383.61
Total payable by Tenant to Landlord	$1,383.61

Claims and awards for application 5355884 — net $1,383.61 NZD. Verify on MoJ.

Cleaning

Amount: $686.55
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: Skip hire

Amount: $430.00
Awarded to: Landlord
Reason: Rubbish removal: Skip hire

Rubbish removal: Trailer hire

Amount: $25.00
Awarded to: Landlord
Reason: Rubbish removal: Trailer hire

Carpet Cleaning: Tip fees

Amount: $16.00
Awarded to: Landlord
Reason: Carpet Cleaning: Tip fees

Replace smoke alarms: x4

Amount: $51.61
Awarded to: Landlord
Reason: Replace smoke alarms: x4

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage Replace Smoke Alarms Rubbish Removal

Order

The Bond Centre is to pay $1,383.61 from the bond of $1,600.00 (5960754-001) to John Arnold As Trustee For Assembly Of God Dunedin Trust Board immediately as calculated in the table below.
The balance of the bond of $216.39 is to remain at the Bond Centre.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
The landlord has applied for compensation and refund of the bond 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photos of the condition of the premises and invoices for cleaning, rubbish removal, skip rental, trailer hire and tip fees as shown in the orders above. The photos show that the premises had not been left reasonably clean and tidy and that substantial rubbish was required to be removed.
The following chattels were missing at the end of the tenancy: smoke alarms x 4 and curtain hooks. An invoice for $51.61 was provided for smoke alarms and $2.95 for the hooks.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 landlord is insured. The landlord’s policy of insurance carries an excess of $600.00 on each and every claim.
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: Carpet in a room had been damaged. The landlord accepted that the carpet was very old and that depreciation would apply. The replacement cost was $632.40. 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 damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant is ordered to pay $160.00. A shower caddy was broken. The damage is more than fear wear and tear, and the tenant has not disproved liability for the damage. The replacement cost is $11.50.
The amounts ordered are proven.

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 5355884 — net $1,383.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$686.55	Cleaning
Rubbish removal: Skip hire	$430.00	Rubbish removal: Skip hire
Rubbish removal: Trailer hire	$25.00	Rubbish removal: Trailer hire
Carpet Cleaning: Tip fees	$16.00	Carpet Cleaning: Tip fees
Replace smoke alarms: x4	$51.61	Replace smoke alarms: x4
Repairs: Carpet	$160.00	tenant has not disproved liability for the damage. The tenant is ordered to pay $160.00.
Shower caddy	$11.50	Shower caddy
Curtain hook	$2.95	Curtain hook
Net award	$1,383.61
Total payable by Tenant to Landlord	$1,383.61

Claims and awards for application 5355884 — net $1,383.61 NZD. Verify on MoJ.

Cleaning

Amount: $686.55
Awarded to: Landlord
Reason: Cleaning

Rubbish removal: Skip hire

Amount: $430.00
Awarded to: Landlord
Reason: Rubbish removal: Skip hire

Rubbish removal: Trailer hire

Amount: $25.00
Awarded to: Landlord
Reason: Rubbish removal: Trailer hire

Carpet Cleaning: Tip fees

Amount: $16.00
Awarded to: Landlord
Reason: Carpet Cleaning: Tip fees

Replace smoke alarms: x4

Amount: $51.61
Awarded to: Landlord
Reason: Replace smoke alarms: x4

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage Replace Smoke Alarms Rubbish Removal

Order

The Bond Centre is to pay $1,383.61 from the bond of $1,600.00 (5960754-001) to John Arnold As Trustee For Assembly Of God Dunedin Trust Board immediately as calculated in the table below.
The balance of the bond of $216.39 is to remain at the Bond Centre.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
The landlord has applied for compensation and refund of the bond 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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photos of the condition of the premises and invoices for cleaning, rubbish removal, skip rental, trailer hire and tip fees as shown in the orders above. The photos show that the premises had not been left reasonably clean and tidy and that substantial rubbish was required to be removed.
The following chattels were missing at the end of the tenancy: smoke alarms x 4 and curtain hooks. An invoice for $51.61 was provided for smoke alarms and $2.95 for the hooks.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 landlord is insured. The landlord’s policy of insurance carries an excess of $600.00 on each and every claim.
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: Carpet in a room had been damaged. The landlord accepted that the carpet was very old and that depreciation would apply. The replacement cost was $632.40. 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 damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant is ordered to pay $160.00. A shower caddy was broken. The damage is more than fear wear and tear, and the tenant has not disproved liability for the damage. The replacement cost is $11.50.
The amounts ordered are proven.

Tenancy Tribunal case 5355884 — Cleanliness at 62 Melbourne Street, South Dunedin, Dunedin 9012

At a glance

Tenancy Tribunal case 5355884 — Cleanliness at 62 Melbourne Street, South Dunedin, Dunedin 9012

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