How much money was awarded in case 5378213?

Cleaning: $125.00 awarded to landlord; Cleaning: $285.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lightbulbs: $67.85 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rubbish Removal: $202.98 awarded to landlord

What type of tenancy dispute was case 5378213?

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

Where can I read the official tribunal order for case 5378213?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13038539-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5378213?

Cleaning: $125.00 awarded to landlord; Cleaning: $285.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lightbulbs: $67.85 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rubbish Removal: $202.98 awarded to landlord

What type of tenancy dispute was case 5378213?

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

Where can I read the official tribunal order for case 5378213?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13038539-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 2, 137 Chester Street East, Christchurch Tenancy Tribunal Case 5378213 — Property damage

Q: What was Tenancy Tribunal case 5378213 about?

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

Order

Claims and awards in Tenancy Tribunal application 5378213 — net $1,108.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$285.00	Cleaning
Rubbish removal	$202.98	Rubbish removal
Carpet Cleaning	$125.00	Carpet Cleaning
Light bulbs/batteries: and repairs	$67.85	Light bulbs/batteries: and repairs
Carpet replacement (less depreciation	$400.00	Carpet replacement (less depreciation
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,108.83
Bond	$1,440.00
Total payable by Tenant to Landlord	$1,108.83

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Noah Tavita Aiono to pay [The landlord/s] $1,108.83 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,440.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,108.83 Noah Tavita Aiono: $331.17

Reasons

The landlord attended the hearing by telephone. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail.

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?

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 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: carpet damage and kitchen cabinet doors removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

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.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5378213 — net $1,108.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$285.00	Cleaning
Rubbish removal	$202.98	Rubbish removal
Carpet Cleaning	$125.00	Carpet Cleaning
Light bulbs/batteries: and repairs	$67.85	Light bulbs/batteries: and repairs
Carpet replacement (less depreciation	$400.00	Carpet replacement (less depreciation
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,108.83
Bond	$1,440.00
Total payable by Tenant to Landlord	$1,108.83

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Noah Tavita Aiono to pay [The landlord/s] $1,108.83 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,440.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,108.83 Noah Tavita Aiono: $331.17

Reasons

The landlord attended the hearing by telephone. An attempt was made to join the tenant to the hearing by telephone, but the call went to voicemail.
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?

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 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: carpet damage and kitchen cabinet doors removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5378213 — Property damage at Unit/Flat Flat 2, 137 Chester Street East, Christchurch

At a glance

Tenancy Tribunal case 5378213 — Property damage at Unit/Flat Flat 2, 137 Chester Street East, Christchurch

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