How much money was awarded in case 5405131?

Cleaning: $1,265.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $158.70 awarded to landlord; Property Damage: $184.94 awarded to landlord; Property Damage: $274.22 awarded to landlord; Property Damage: $42.50 awarded to landlord; Property Damage: $1,413.08 awarded to landlord; Rubbish Removal: $17.30 awarded to landlord; Storage: $193.00 awarded to landlord; Storage Insurance: $17.50 awarded to landlord

What type of tenancy dispute was case 5405131?

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

Where can I read the official tribunal order for case 5405131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13305753-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5405131?

Cleaning: $1,265.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $158.70 awarded to landlord; Property Damage: $184.94 awarded to landlord; Property Damage: $274.22 awarded to landlord; Property Damage: $42.50 awarded to landlord; Property Damage: $1,413.08 awarded to landlord; Rubbish Removal: $17.30 awarded to landlord; Storage: $193.00 awarded to landlord; Storage Insurance: $17.50 awarded to landlord

What type of tenancy dispute was case 5405131?

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

Where can I read the official tribunal order for case 5405131?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13305753-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5405131 — Property damage

Q: What was Tenancy Tribunal case 5405131 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 5405131 — net $2,500.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: and carpet treatment	$1,265.00	Cleaning: and carpet treatment
Electrical fittings replacement/repair	$184.94	Electrical fittings replacement/repair
Lawns and Garden work	$158.70	Lawns and Garden work
Lock/key replacement	$274.22	Lock/key replacement
Repairs: Wall damage repairs	$1,413.08	Repairs: Wall damage repairs
Rubbish removal: Council bin contents	$17.30	Rubbish removal: Council bin contents
Storage	$193.00	Storage
Storage insurance	$17.50	Storage insurance
Garage door remote replacement	$42.50	Garage door remote replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,500.81
Total payable by Tenant to Landlord	$2,500.81

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

[The tenant/s] must pay [The landlord/s] $2,500.81 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,093.43 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing via remote teleconference. The tenant did not join the hearing via the video or telephone link as instructed in the notice of hearing. The hearing continued in the absence of the tenant.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant also failed to leave the lawns in a tidy condition.

The tenant did not return the keys and the garage door remote.

The landlord provided comprehensive evidence in the form of entry and exit inspection reports. The house required a full clean. The carpets required professional treatment. The landlord also provided evidence of rubbish and personal belongings left behind by the tenant which required storage and then disposal.

The landlord provided invoices in support of the amounts claimed.

Having sighted the landlord’s evidence I am satisfied that the tenant breached her obligations at the end of the tenancy.

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.

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: Damage to walls, garage door button and electrical switch plates. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord claims that the tenant is responsible for damage to various walls throughout the premises. The landlord also had to arrange an electrician to undertake electrical repairs.

The landlord provided photographic evidence of the damage to walls and electrical fittings. The landlord claims that the garage door button and two switch plates also required repair.

Having sighted the photographic evidence and invoices filed in support I am satisfied that the tenant is responsible for the damage.

The amounts ordered are proved.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.

The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Given the circumstances in which the tenancy was terminated I will also suppress the details of the tenant.

Claims and awards in Tenancy Tribunal application 5405131 — net $2,500.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: and carpet treatment	$1,265.00	Cleaning: and carpet treatment
Electrical fittings replacement/repair	$184.94	Electrical fittings replacement/repair
Lawns and Garden work	$158.70	Lawns and Garden work
Lock/key replacement	$274.22	Lock/key replacement
Repairs: Wall damage repairs	$1,413.08	Repairs: Wall damage repairs
Rubbish removal: Council bin contents	$17.30	Rubbish removal: Council bin contents
Storage	$193.00	Storage
Storage insurance	$17.50	Storage insurance
Garage door remote replacement	$42.50	Garage door remote replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,500.81
Total payable by Tenant to Landlord	$2,500.81

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant and landlord name and identifying details.
[The tenant/s] must pay [The landlord/s] $2,500.81 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,093.43 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing via remote teleconference. The tenant did not join the hearing via the video or telephone link as instructed in the notice of hearing. The hearing continued in the absence of the tenant.
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant also failed to leave the lawns in a tidy condition.
The tenant did not return the keys and the garage door remote.
The landlord provided comprehensive evidence in the form of entry and exit inspection reports. The house required a full clean. The carpets required professional treatment. The landlord also provided evidence of rubbish and personal belongings left behind by the tenant which required storage and then disposal.
The landlord provided invoices in support of the amounts claimed.
Having sighted the landlord’s evidence I am satisfied that the tenant breached her obligations at the end of the tenancy.
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.
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: Damage to walls, garage door button and electrical switch plates. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord claims that the tenant is responsible for damage to various walls throughout the premises. The landlord also had to arrange an electrician to undertake electrical repairs.
The landlord provided photographic evidence of the damage to walls and electrical fittings. The landlord claims that the garage door button and two switch plates also required repair.
Having sighted the photographic evidence and invoices filed in support I am satisfied that the tenant is responsible for the damage.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.
Given the circumstances in which the tenancy was terminated I will also suppress the details of the tenant.

Tenancy Tribunal case 5405131 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5405131 — Property damage

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

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