How much money was awarded in case 5429555?

Cleaning: $265.47 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Property Damage: $134.00 awarded to landlord; Property Damage: $272.70 awarded to landlord; Rubbish Removal: $691.26 awarded to landlord

What type of tenancy dispute was case 5429555?

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

Where can I read the official tribunal order for case 5429555?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13459354-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5429555?

Cleaning: $265.47 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Property Damage: $134.00 awarded to landlord; Property Damage: $272.70 awarded to landlord; Rubbish Removal: $691.26 awarded to landlord

What type of tenancy dispute was case 5429555?

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

Where can I read the official tribunal order for case 5429555?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13459354-Tribunal_Order_Redacted.pdf.

17 Churchill Crescent, Tawhero, Whanganui 4501 Tenancy Tribunal Case 5429555 — Property damage

Q: What was Tenancy Tribunal case 5429555 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5429555 — net $1,441.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement	$134.00	Carpet replacement
Repairs: Wall damage - Patched holes	$272.70	Repairs: Wall damage - Patched holes
Cleaning: shed, stove, rangehood	$265.47	Cleaning: shed, stove, rangehood
Rubbish removal	$691.26	Rubbish removal
Lawns and Garden work	$300.00	Lawns and Garden work
Net award	$1,441.43
Total payable by Tenant to Landlord	$1,441.43

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

[The tenant/s] must pay Kāinga Ora–Homes And Communities $1,441.43 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $222.00 ([Bond number suppressed]) to Kāinga Ora–Homes And Communities immediately.

Reasons

The landlord attended the hearing. The tenant did not connect to the MS Teams link provided to them and nor did they connect via telephone as instructed in the Notice of Hearing sent to them. Shortly before the hearing the tenant said she has a personal commitment and would not be attending the hearing and that she agreed with the claims. The hearing proceeded in her absence.

The landlord has applied for compensation and payment of the bond following the end of the tenancy. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. The Law – tenant’s obligations at the end of the tenancy

At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy and remove all rubbish. 1 The Law - Tenants responsibility for damage

A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 2

Where a landlord is claiming compensation for damage 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. 3

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). 4 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). 5 Where insurance money is irrecoverable because of the 1 RTA, 40(1)(e). 2 RTA, s 40 (2)(a). 3 RTA s 40(2)(a), 41, 49B. 4 RTA s 49B(3)(a). 5 RTA, s 49B(3)(b). tenant's conduct, the property is treated as if it is not insured against the damage. 6

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. 7 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. 8

In assessing a claim for compensation, I must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Cleaning and rubbish removal

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amounts ordered are: a. Cleaning - $265.47. b. Rubbish removal – interior and exterior - $691.26. c. Lawn work - $300.

The amounts ordered are proved with post-tenancy photographs, work orders, a damage summary recording costs in accordance with the work orders and oral evidence. Damage claims

The following damage was caused during the tenancy: a. The carpet was damaged during the tenancy. The landlord claims $134 to supply and lay carpet. The amount claimed reflects depreciation based on a useful lifespan of 10 years and depreciation of 8 years. IR265 general depreciation rates provides that carpet has an estimated useful lifespan of 8 years, and it appears the carpets may have almost depreciated, however I will allow the nominal fee given the tenant indicated she agreed with the claim and given the extent of the damage, I consider the claim reasonable. 6 RTA s 49B(3A)(a). 7 RTA s 49B(1). 8 See Guo v Korck [2019] NZHC 1541. b. Wall damage occurred that required patch repairs – amount ordered $272.70.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Bond

The bond is to be paid to the landlord immediately to offset the amount’s ordered. Filing Fee / Suppression

The landlord waived the filing fee.

The landlord did not seek name suppression.

The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published and may attach any conditions to that order that the Tribunal considers appropriate. 9

The tenant did not attend the hearing, however shortly before the hearing indicated she could not attend due to personal commitments and said she agreed with the claims. Despite her non-attendance at the hearing and no application for suppression, in the circumstances where the tenant has indicated in writing her full consent to the claims, I have suppressed her name.

Order

Claims and awards in Tenancy Tribunal application 5429555 — net $1,441.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement	$134.00	Carpet replacement
Repairs: Wall damage - Patched holes	$272.70	Repairs: Wall damage - Patched holes
Cleaning: shed, stove, rangehood	$265.47	Cleaning: shed, stove, rangehood
Rubbish removal	$691.26	Rubbish removal
Lawns and Garden work	$300.00	Lawns and Garden work
Net award	$1,441.43
Total payable by Tenant to Landlord	$1,441.43

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

[The tenant/s] must pay Kāinga Ora–Homes And Communities $1,441.43 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $222.00 ([Bond number suppressed]) to Kāinga Ora–Homes And Communities immediately.

Reasons

The landlord has applied for compensation and payment of the bond following the end of the tenancy. Relevant legal considerations

A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 2

The amounts ordered are proved with post-tenancy photographs, work orders, a damage summary recording costs in accordance with the work orders and oral evidence. Damage claims

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Bond

The bond is to be paid to the landlord immediately to offset the amount’s ordered. Filing Fee / Suppression

The landlord waived the filing fee.

The landlord did not seek name suppression.

Tenancy Tribunal case 5429555 — Property damage at 17 Churchill Crescent, Tawhero, Whanganui 4501

At a glance

Tenancy Tribunal case 5429555 — Property damage at 17 Churchill Crescent, Tawhero, Whanganui 4501

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions