What was the outcome of Tenancy Tribunal case 5399070?

The tribunal order states: Lavenia Tiplady and Benjamin Tiplady to pay Mills Gibbon & Co Ltd T/A First

How much money was awarded in case 5399070?

Cleaning: $270.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $125.52 awarded to landlord

What type of tenancy dispute was case 5399070?

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

Where can I read the official tribunal order for case 5399070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13314197-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5399070?

The tribunal order states: Lavenia Tiplady and Benjamin Tiplady to pay Mills Gibbon & Co Ltd T/A First

How much money was awarded in case 5399070?

Cleaning: $270.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rubbish Removal: $125.52 awarded to landlord

What type of tenancy dispute was case 5399070?

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

Where can I read the official tribunal order for case 5399070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13314197-Tenancy_Tribunal_Order.pdf.

51 Union Street, Hawera 4610 Tenancy Tribunal Case 5399070 — Property damage

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51 Union Street, Hawera 4610 Tenancy Tribunal Case 5399070 — 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 5399070 — net $1,523.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet damage (insurance excess	$400.00	Carpet damage (insurance excess
Cleaning	$270.00	Cleaning
Wall damage	$500.00	Wall damage
Rubbish removal	$125.52	Rubbish removal
Lawns and garden work	$200.00	Lawns and garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,523.52
Bond	$2,160.00
Total payable by Tenant to Landlord	$1,523.52

Claims and awards for application 5399070 — net $1,523.52 NZD. Verify on MoJ.

Carpet damage (insurance excess

Amount: $400.00
Awarded to: Landlord
Reason: Carpet damage (insurance excess

Cleaning

Amount: $270.00
Awarded to: Landlord
Reason: Cleaning

Wall damage

Amount: $500.00
Awarded to: Landlord
Reason: Wall damage

Rubbish removal

Amount: $125.52
Awarded to: Landlord
Reason: Rubbish removal

Lawns and garden work

Amount: $200.00
Awarded to: Landlord
Reason: Lawns and garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Lavenia Tiplady and Benjamin Tiplady to pay Mills Gibbon & Co Ltd T/A First National Collective on behalf of Abraham Godsell-Slade $1,523.52 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,160.00 (5859243-006) immediately apportioned as follows: Mills Gibbon & Co Ltd T/A First National Collective on behalf of Abraham Godsell- Slade: $1,523.52 Lavenia Tiplady and Benjamin Tiplady: $636.48

Reasons

The hearing was conducted by video. Only the landlord’s representative attended.
The landlord has applied for compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy. Relevant Law
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The tenant must not carelessly or intentionally damage 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
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).
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).
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. Claims Carpet
The living room carpet was heavily stained during and tenancy and could not be cleaned. The landlord replaced the carpet and claims the $500 insurance excess
The carpet was five years old and in good condition. Even after depreciation for its age the cost of replacing it exceeded the insurance excess and I have therefore awarded it. Cleaning and Rubbish Removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord’s photographs did not justify eight hours of cleaning and so I have reduced the award from $360 to $270 based on six hours cleaning.
The claim for rubbish removal is reasonable. Wall Damage
There was damage to a hallway wall and to a wall in the “Blue” bedroom during the tenancy. The tenants have not disproved liability for the damage. The tenants had tried to repair the damage, but it was not to an acceptable standard. The amount claimed for the repairs and painting of the walls is reasonable and so I have awarded it. Lawns and Garden
The lawns and garden were not left reasonably tidy. Lawns needed mowing and weeds needed removing or spraying. The amount claimed is reasonable and so I have awarded it. Filing Fee
The landlord has largely succeeded and so I have awarded the filing fee. Result
The bond has been split to give effect to my order.

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 5399070 — net $1,523.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet damage (insurance excess	$400.00	Carpet damage (insurance excess
Cleaning	$270.00	Cleaning
Wall damage	$500.00	Wall damage
Rubbish removal	$125.52	Rubbish removal
Lawns and garden work	$200.00	Lawns and garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,523.52
Bond	$2,160.00
Total payable by Tenant to Landlord	$1,523.52

Claims and awards for application 5399070 — net $1,523.52 NZD. Verify on MoJ.

Carpet damage (insurance excess

Amount: $400.00
Awarded to: Landlord
Reason: Carpet damage (insurance excess

Cleaning

Amount: $270.00
Awarded to: Landlord
Reason: Cleaning

Wall damage

Amount: $500.00
Awarded to: Landlord
Reason: Wall damage

Rubbish removal

Amount: $125.52
Awarded to: Landlord
Reason: Rubbish removal

Lawns and garden work

Amount: $200.00
Awarded to: Landlord
Reason: Lawns and garden work

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Lavenia Tiplady and Benjamin Tiplady to pay Mills Gibbon & Co Ltd T/A First National Collective on behalf of Abraham Godsell-Slade $1,523.52 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,160.00 (5859243-006) immediately apportioned as follows: Mills Gibbon & Co Ltd T/A First National Collective on behalf of Abraham Godsell- Slade: $1,523.52 Lavenia Tiplady and Benjamin Tiplady: $636.48

Reasons

The hearing was conducted by video. Only the landlord’s representative attended.
The landlord has applied for compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy. Relevant Law
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The tenant must not carelessly or intentionally damage 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
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).
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).
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. Claims Carpet
The living room carpet was heavily stained during and tenancy and could not be cleaned. The landlord replaced the carpet and claims the $500 insurance excess
The carpet was five years old and in good condition. Even after depreciation for its age the cost of replacing it exceeded the insurance excess and I have therefore awarded it. Cleaning and Rubbish Removal
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord’s photographs did not justify eight hours of cleaning and so I have reduced the award from $360 to $270 based on six hours cleaning.
The claim for rubbish removal is reasonable. Wall Damage
There was damage to a hallway wall and to a wall in the “Blue” bedroom during the tenancy. The tenants have not disproved liability for the damage. The tenants had tried to repair the damage, but it was not to an acceptable standard. The amount claimed for the repairs and painting of the walls is reasonable and so I have awarded it. Lawns and Garden
The lawns and garden were not left reasonably tidy. Lawns needed mowing and weeds needed removing or spraying. The amount claimed is reasonable and so I have awarded it. Filing Fee
The landlord has largely succeeded and so I have awarded the filing fee. Result
The bond has been split to give effect to my order.

Tenancy Tribunal case 5399070 — Property damage at 51 Union Street, Hawera 4610

At a glance

Tenancy Tribunal case 5399070 — Property damage at 51 Union Street, Hawera 4610

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions