What was Tenancy Tribunal case 5465413 about?

The tribunal order states: [The tenant/s] must pay Linkpeople Limited $7,834.62 immediately,

How much money was awarded in case 5465413?

Cleaning: $287.50 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $837.86 awarded to landlord; Property Damage: $330.63 awarded to landlord; Property Damage: $3,600.00 awarded to landlord; Deck: $201.25 awarded to landlord; Fence: $172.50 awarded to landlord; To Bathroom Plumbing: $350.46 awarded to landlord; To Kitchen Cabinet: $115.00 awarded to landlord; Walls and Doors: $1,006.25 awarded to landlord; To Wardrobe: $138.00 awarded to landlord; Replace Furnishings: Bathroom Mirror: $201.25 awarded to landlord; Replace Furnishings: Towel Rail: $86.25 awarded to landlord; Rubbish Removal: $597.67 awarded to landlord

What type of tenancy dispute was case 5465413?

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

Where can I read the official tribunal order for case 5465413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13690495-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5465413 about?

The tribunal order states: [The tenant/s] must pay Linkpeople Limited $7,834.62 immediately,

How much money was awarded in case 5465413?

Cleaning: $287.50 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $837.86 awarded to landlord; Property Damage: $330.63 awarded to landlord; Property Damage: $3,600.00 awarded to landlord; Deck: $201.25 awarded to landlord; Fence: $172.50 awarded to landlord; To Bathroom Plumbing: $350.46 awarded to landlord; To Kitchen Cabinet: $115.00 awarded to landlord; Walls and Doors: $1,006.25 awarded to landlord; To Wardrobe: $138.00 awarded to landlord; Replace Furnishings: Bathroom Mirror: $201.25 awarded to landlord; Replace Furnishings: Towel Rail: $86.25 awarded to landlord; Rubbish Removal: $597.67 awarded to landlord

What type of tenancy dispute was case 5465413?

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

Where can I read the official tribunal order for case 5465413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13690495-Tenancy_Tribunal_Order.pdf.

17A Brooklyn Road, Claudelands, Hamilton 3214 Tenancy Tribunal Case 5465413 — Property damage

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17A Brooklyn Road, Claudelands, Hamilton 3214 Tenancy Tribunal Case 5465413 — 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 5465413 — net $7,834.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$597.67	Rubbish removal
Repairs: to kitchen cabinet	$115.00	Repairs: to kitchen cabinet
Replace furnishings: bathroom mirror	$201.25	Replace furnishings: bathroom mirror
Repairs: to wardrobe	$138.00	Repairs: to wardrobe
Replace furnishings: towel rail	$86.25	Replace furnishings: towel rail
Repairs: fence	$172.50	Repairs: fence
Repairs: deck	$201.25	Repairs: deck
Repairs: to walls and doors	$1,006.25	Repairs: to walls and doors
installation and replacement curtains	$837.86	installation and replacement curtains
Carpet Cleaning	$287.50	Carpet Cleaning
Cleaning	$450.00	Cleaning
Window repairs	$330.63	Window repairs
Repairs: to bathroom plumbing	$350.46	Repairs: to bathroom plumbing
Replacement of kitchen cabinetry	$3,600.00	Replacement of kitchen cabinetry
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,834.62
Total payable by Tenant to Landlord	$7,834.62

Claims and awards for application 5465413 — net $7,834.62 NZD. Verify on MoJ.

Rubbish removal

Amount: $597.67
Awarded to: Landlord
Reason: Rubbish removal

Repairs: to kitchen cabinet

Amount: $115.00
Awarded to: Landlord
Reason: Repairs: to kitchen cabinet

Replace furnishings: bathroom mirror

Amount: $201.25
Awarded to: Landlord
Reason: Replace furnishings: bathroom mirror

Repairs: to wardrobe

Amount: $138.00
Awarded to: Landlord
Reason: Repairs: to wardrobe

Replace furnishings: towel rail

Amount: $86.25
Awarded to: Landlord
Reason: Replace furnishings: towel rail

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] must pay Linkpeople Limited $7,834.62 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $568.00 (3297407-022) to Linkpeople Limited immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not attend in person and could not be contacted by telephone.
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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The carpets were stained and required professional cleaning.
The bathroom mirror was missing 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 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 itemised damage listed in the table above caused during the tenancy: . The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation when assessing the claims for replacement of curtains, repainting the damages walls and doors and replacing the kitchen cabinetry. The amounts ordered are reduced by 50% to ensure that the landlord is returned to the position they would have been in had the tenant not breached their obligations, and is not better off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

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 5465413 — net $7,834.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$597.67	Rubbish removal
Repairs: to kitchen cabinet	$115.00	Repairs: to kitchen cabinet
Replace furnishings: bathroom mirror	$201.25	Replace furnishings: bathroom mirror
Repairs: to wardrobe	$138.00	Repairs: to wardrobe
Replace furnishings: towel rail	$86.25	Replace furnishings: towel rail
Repairs: fence	$172.50	Repairs: fence
Repairs: deck	$201.25	Repairs: deck
Repairs: to walls and doors	$1,006.25	Repairs: to walls and doors
installation and replacement curtains	$837.86	installation and replacement curtains
Carpet Cleaning	$287.50	Carpet Cleaning
Cleaning	$450.00	Cleaning
Window repairs	$330.63	Window repairs
Repairs: to bathroom plumbing	$350.46	Repairs: to bathroom plumbing
Replacement of kitchen cabinetry	$3,600.00	Replacement of kitchen cabinetry
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$7,834.62
Total payable by Tenant to Landlord	$7,834.62

Claims and awards for application 5465413 — net $7,834.62 NZD. Verify on MoJ.

Rubbish removal

Amount: $597.67
Awarded to: Landlord
Reason: Rubbish removal

Repairs: to kitchen cabinet

Amount: $115.00
Awarded to: Landlord
Reason: Repairs: to kitchen cabinet

Replace furnishings: bathroom mirror

Amount: $201.25
Awarded to: Landlord
Reason: Replace furnishings: bathroom mirror

Repairs: to wardrobe

Amount: $138.00
Awarded to: Landlord
Reason: Repairs: to wardrobe

Replace furnishings: towel rail

Amount: $86.25
Awarded to: Landlord
Reason: Replace furnishings: towel rail

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] must pay Linkpeople Limited $7,834.62 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $568.00 (3297407-022) to Linkpeople Limited immediately.

Reasons

Only the applicant landlord attended the hearing. The tenant did not attend in person and could not be contacted by telephone.
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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The carpets were stained and required professional cleaning.
The bathroom mirror was missing 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 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 itemised damage listed in the table above caused during the tenancy: . The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation when assessing the claims for replacement of curtains, repainting the damages walls and doors and replacing the kitchen cabinetry. The amounts ordered are reduced by 50% to ensure that the landlord is returned to the position they would have been in had the tenant not breached their obligations, and is not better off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Tenancy Tribunal case 5465413 — Property damage at 17A Brooklyn Road, Claudelands, Hamilton 3214

At a glance

Tenancy Tribunal case 5465413 — Property damage at 17A Brooklyn Road, Claudelands, Hamilton 3214

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

Property management

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

Property management

Frequently asked questions