What was Tenancy Tribunal case 5382421 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 5382421?

Cleaning: $225.98 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $209.34 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $515.00 awarded to landlord; Repaint Bathroom - 50: $324.08 awarded to landlord; Replace Kitchen Windows - 50: $253.58 awarded to landlord; Smoke Alarms: $57.62 awarded to landlord

What type of tenancy dispute was case 5382421?

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

Where can I read the official tribunal order for case 5382421?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13099215-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5382421 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 5382421?

Cleaning: $225.98 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $209.34 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $515.00 awarded to landlord; Repaint Bathroom - 50: $324.08 awarded to landlord; Replace Kitchen Windows - 50: $253.58 awarded to landlord; Smoke Alarms: $57.62 awarded to landlord

What type of tenancy dispute was case 5382421?

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

Where can I read the official tribunal order for case 5382421?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13099215-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 2, 48 North Avon Road, Richmond, Tenancy Tribunal Case 5382421 — Property damage

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Unit/Flat Flat 2, 48 North Avon Road, Richmond, Tenancy Tribunal Case 5382421 — 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 5382421 — net $203.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$515.00	Rent arrears
Cleaning	$225.98	Cleaning
Door repairs	$209.34	Door repairs
Replace smoke alarm	$57.62	Replace smoke alarm
Carpet replacement - insurance excess	$650.00	Carpet replacement - insurance excess
Replace kitchen windows - 50	$253.58	Replace kitchen windows - 50
Repaint bathroom - 50	$324.08	Repaint bathroom - 50
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$203.60
Total payable by Tenant to Landlord	$203.60

Claims and awards for application 5382421 — net $203.60 NZD. Verify on MoJ.

Rent arrears

Amount: $515.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $225.98
Awarded to: Landlord
Reason: Cleaning

Door repairs

Amount: $209.34
Awarded to: Landlord
Reason: Door repairs

Replace smoke alarm

Amount: $57.62
Awarded to: Landlord
Reason: Replace smoke alarm

Carpet replacement - insurance excess

Amount: $650.00
Awarded to: Landlord
Reason: Carpet replacement - insurance excess

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Replace Smoke Alarms

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jasmyn Hubbard must pay [The landlord/s] $203.60 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $2,060.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord’s representative attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord confirmed that the tenant accepted the claims for rent arrears, cleaning, door repairs, replacing the smoke alarm, and the insurance excess for carpet replacement. I have marked those claims with an *. The disputed claims
The landlord has claimed 50% of the cost of repairing broken kitchen windows ($253.58) and 50% of the cost of painting the bathroom ($324.08). The tenant did not accept these claims.

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 1 .
The landlord’s evidence establishes that the kitchen windows were not cracked at the start of the tenancy, but they were at the end. Without hearing evidence from the tenant, I find that she is liable for the repair cost of this damage. The landlord has only sought 50% of the repair cost.
The premises were newly renovated before the tenancy started. At the end of the tenancy the bathroom ceiling and walls were cracked and peeling due probably to high moisture levels. The premises were Healthy Homes Standards compliant, had an externally vented extraction fan, and an openable window. 1 See sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (RTA)
I find that this damage was careless damage. The tenant is liable for the cost of repairs, that is, the repainting of the ceiling and walls. The landlord has only sought 50% of the repair cost.
The amounts ordered are proved by invoices and photos and by the evidence the landlord’s representative gave at the hearing.
As the application is successful, I have reimbursed the landlord the Tribunal filing fee.
The landlord sought, and is entitled to, a name suppression order as the application is successful 2 .

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 5382421 — net $203.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$515.00	Rent arrears
Cleaning	$225.98	Cleaning
Door repairs	$209.34	Door repairs
Replace smoke alarm	$57.62	Replace smoke alarm
Carpet replacement - insurance excess	$650.00	Carpet replacement - insurance excess
Replace kitchen windows - 50	$253.58	Replace kitchen windows - 50
Repaint bathroom - 50	$324.08	Repaint bathroom - 50
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$203.60
Total payable by Tenant to Landlord	$203.60

Claims and awards for application 5382421 — net $203.60 NZD. Verify on MoJ.

Rent arrears

Amount: $515.00
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $225.98
Awarded to: Landlord
Reason: Cleaning

Door repairs

Amount: $209.34
Awarded to: Landlord
Reason: Door repairs

Replace smoke alarm

Amount: $57.62
Awarded to: Landlord
Reason: Replace smoke alarm

Carpet replacement - insurance excess

Amount: $650.00
Awarded to: Landlord
Reason: Carpet replacement - insurance excess

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Replace Smoke Alarms

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Jasmyn Hubbard must pay [The landlord/s] $203.60 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $2,060.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord’s representative attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord confirmed that the tenant accepted the claims for rent arrears, cleaning, door repairs, replacing the smoke alarm, and the insurance excess for carpet replacement. I have marked those claims with an *. The disputed claims
The landlord has claimed 50% of the cost of repairing broken kitchen windows ($253.58) and 50% of the cost of painting the bathroom ($324.08). The tenant did not accept these claims.

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 1 .
The landlord’s evidence establishes that the kitchen windows were not cracked at the start of the tenancy, but they were at the end. Without hearing evidence from the tenant, I find that she is liable for the repair cost of this damage. The landlord has only sought 50% of the repair cost.
The premises were newly renovated before the tenancy started. At the end of the tenancy the bathroom ceiling and walls were cracked and peeling due probably to high moisture levels. The premises were Healthy Homes Standards compliant, had an externally vented extraction fan, and an openable window. 1 See sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (RTA)
I find that this damage was careless damage. The tenant is liable for the cost of repairs, that is, the repainting of the ceiling and walls. The landlord has only sought 50% of the repair cost.
The amounts ordered are proved by invoices and photos and by the evidence the landlord’s representative gave at the hearing.
As the application is successful, I have reimbursed the landlord the Tribunal filing fee.
The landlord sought, and is entitled to, a name suppression order as the application is successful 2 .

Tenancy Tribunal case 5382421 — Property damage at Unit/Flat Flat 2, 48 North Avon Road, Richmond,

At a glance

Tenancy Tribunal case 5382421 — Property damage at Unit/Flat Flat 2, 48 North Avon Road, Richmond,

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions