How much money was awarded in case 5460549?

Cleaning: $402.50 awarded to landlord; Cleaning: $920.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $690.00 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Rubbish Removal: $454.25 awarded to landlord

What type of tenancy dispute was case 5460549?

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

Where can I read the official tribunal order for case 5460549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13900951-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5460549?

Cleaning: $402.50 awarded to landlord; Cleaning: $920.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $690.00 awarded to landlord; Property Damage: $1,150.00 awarded to landlord; Rubbish Removal: $454.25 awarded to landlord

What type of tenancy dispute was case 5460549?

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

Where can I read the official tribunal order for case 5460549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13900951-Tribunal_Order_Redacted.pdf.

127A Clevedon Road, Papakura, Papakura 2110 Tenancy Tribunal Case 5460549 — Property damage

Q: What was Tenancy Tribunal case 5460549 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 5460549 — net $3,644.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$454.25	Rubbish removal
Carpet Cleaning	$402.50	Carpet Cleaning
Cleaning	$920.00	Cleaning
Lock/key replacement	$690.00	Lock/key replacement
Repairs: wall and ceiling damage	$1,150.00	Repairs: wall and ceiling damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,644.75
Total payable by Tenant to Landlord	$3,644.75

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

[The tenant/s] must pay [The landlord/s] $3,644.75 immediately, calculated as shown in the table below. DescriptionLandlord Rubbish removal$454.25 Carpet Cleaning$402.50 Cleaning$920.00 Lock/key replacement$690.00 Repairs: wall and ceiling damage$1,150.00 Filing fee reimbursement$28.00 Total award$3,644.75 Total payable by Tenant to Landlord$3,644.75

Reasons

The landlord attended the hearing.

The landlord has applied for compensation 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 and return all keys and security devices. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The evidence indicated that the tenant had taken what she wanted, left a small amount of rubbish but had made no attempt to clean. The carpets had been cleaned at the start of the tenancy and the evidence indicated that they were grubby and stained in places requiring cleaning at the end of this six-month tenancy.

The tenant did not return the keys.

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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. There was a small hole in the wall in the kitchen. b. A door to a cupboard under the stairs had come off and there was a substantial area of damage. c. There was damage to the kitchen ceiling. d. It appeared as if an area of wall covering had been torn off under the breakfast bar. e. There were holes and dents in the walls of bedrooms.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage appears to be careless.

The landlord had claimed for the repair of a heat pump but could not provide photographic or other evidence of damage. This claim is dismissed as the landlord has not persuaded the Tribunal on the balance of probabilities that the damage has occurred.

The amounts ordered are proved.

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

Order

Claims and awards in Tenancy Tribunal application 5460549 — net $3,644.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$454.25	Rubbish removal
Carpet Cleaning	$402.50	Carpet Cleaning
Cleaning	$920.00	Cleaning
Lock/key replacement	$690.00	Lock/key replacement
Repairs: wall and ceiling damage	$1,150.00	Repairs: wall and ceiling damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,644.75
Total payable by Tenant to Landlord	$3,644.75

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

Reasons

The landlord attended the hearing.

The landlord has applied for compensation 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?

The tenant did not return the keys.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage appears to be careless.

The amounts ordered are proved.

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

Tenancy Tribunal case 5460549 — Property damage at 127A Clevedon Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5460549 — Property damage at 127A Clevedon Road, Papakura, Papakura 2110

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