What was Tenancy Tribunal case 5466878 about?

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

How much money was awarded in case 5466878?

Compensation: $5,840.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Less: Shower Head: $150.00 awarded to tenant; Less: Washing Line: $250.00 awarded to tenant; Less: Window Safety Latches: $180.00 awarded to tenant

What type of tenancy dispute was case 5466878?

The dispute type was not classified.

Where can I read the official tribunal order for case 5466878?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13769720-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5466878 about?

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

How much money was awarded in case 5466878?

Compensation: $5,840.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Less: Shower Head: $150.00 awarded to tenant; Less: Washing Line: $250.00 awarded to tenant; Less: Window Safety Latches: $180.00 awarded to tenant

What type of tenancy dispute was case 5466878?

The dispute type was not classified.

Where can I read the official tribunal order for case 5466878?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13769720-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5466878 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 5466878 — net $5,288.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation (total	$5,840.00		Compensation (total
Filing fee reimbursement	$28.00		Filing fee reimbursement
Less: Shower head		$150.00	Less: Shower head
Less: Washing line		$250.00	Less: Washing line
Less: Window safety latches		$180.00	Less: Window safety latches
Total award	$5,868.00	$580.00
Net award	$5,288.00
Total payable by Tenant to Landlord	$5,288.00

The landlord attended the hearing today.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond has already been refunded to the landlord. Cleaning and Rubbish Removal

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.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. A lot of belongings were left behind including heavy furniture ($1,400.00) and the premises needed general cleaning throughout ($540.00).

The tenant did not return the keys ($275.00).

The lawns were overgrown ($250.00).

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.

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. The insurance excess was $1,000.00 and the weekly rent was $740.00. The landlord advised that it was not economical to claim under the insurance.

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.

There were holes in the walls of the lounge and bedrooms ($1,200.00 and $850.00), a missing kitchen drawer ($50.00), and ripped curtain netting ($300.00). There was graffiti on the fence ($75.00). The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I have disallowed the claim for the shower head replacement ($150.00). The exit inspection report notes that there is black tape indicating a repair, but the wall-bracket is otherwise functional. I consider this is a maintenance issue for the landlord.

I have disallowed the claim for replacement window safety latches ($180.00). The exit inspection report makes no mention of any damage to safety latches and the damage is not apparent in the photographs.

I have disallowed the claim for a replacement washing line ($250.00). The exit inspection report refers to a rotary clothesline in good condition with no visible damage. The photographs do not appear to show the washing line, although the tenants had set up a makeshift line. Filing Fee and Name Suppression

The landlord’s application has been successful. I award the filing fee.

Suppression is granted as requested.

Claims and awards in Tenancy Tribunal application 5466878 — net $5,288.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Compensation (total	$5,840.00		Compensation (total
Filing fee reimbursement	$28.00		Filing fee reimbursement
Less: Shower head		$150.00	Less: Shower head
Less: Washing line		$250.00	Less: Washing line
Less: Window safety latches		$180.00	Less: Window safety latches
Total award	$5,868.00	$580.00
Net award	$5,288.00
Total payable by Tenant to Landlord	$5,288.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Taylor Michael Kelly and Saskia Arapera Remana-Kelly must pay [The landlord/s] $5,288.00 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond has already been refunded to the landlord. Cleaning and Rubbish Removal
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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. A lot of belongings were left behind including heavy furniture ($1,400.00) and the premises needed general cleaning throughout ($540.00).
The tenant did not return the keys ($275.00).
The lawns were overgrown ($250.00).

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.
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. The insurance excess was $1,000.00 and the weekly rent was $740.00. The landlord advised that it was not economical to claim under the insurance.
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.
There were holes in the walls of the lounge and bedrooms ($1,200.00 and $850.00), a missing kitchen drawer ($50.00), and ripped curtain netting ($300.00). There was graffiti on the fence ($75.00). The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have disallowed the claim for the shower head replacement ($150.00). The exit inspection report notes that there is black tape indicating a repair, but the wall-bracket is otherwise functional. I consider this is a maintenance issue for the landlord.
I have disallowed the claim for replacement window safety latches ($180.00). The exit inspection report makes no mention of any damage to safety latches and the damage is not apparent in the photographs.
I have disallowed the claim for a replacement washing line ($250.00). The exit inspection report refers to a rotary clothesline in good condition with no visible damage. The photographs do not appear to show the washing line, although the tenants had set up a makeshift line. Filing Fee and Name Suppression
The landlord’s application has been successful. I award the filing fee.
Suppression is granted as requested.

Tenancy Tribunal case 5466878 — Tenancy dispute

At a glance

Award balance

Tenancy Tribunal case 5466878 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Key findings

Frequently asked questions