What was Tenancy Tribunal case 5467044 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $4,068.82 immediately, calculated

How much money was awarded in case 5467044?

Cleaning: $1,733.98 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Property Damage: $110.84 awarded to landlord; Rubbish Removal: $1,546.00 awarded to landlord

What type of tenancy dispute was case 5467044?

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

Where can I read the official tribunal order for case 5467044?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14205098-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5467044 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $4,068.82 immediately, calculated

How much money was awarded in case 5467044?

Cleaning: $1,733.98 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Property Damage: $110.84 awarded to landlord; Rubbish Removal: $1,546.00 awarded to landlord

What type of tenancy dispute was case 5467044?

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

Where can I read the official tribunal order for case 5467044?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14205098-Tenancy_Tribunal_Order.pdf.

6 Furlong Street, Hawera, Hawera 4610 Tenancy Tribunal Case 5467044 — Cleanliness

Tenantcheck Insights

6 Furlong Street, Hawera, Hawera 4610 Tenancy Tribunal Case 5467044 — Cleanliness | 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 5467044 — net $4,068.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal, and storage and disposal of tenants items	$1,546.00	Rubbish removal, and storage and disposal of tenants items
Carpet replacement	$650.00	Carpet replacement
Replace broken window, repairs and cleaning	$1,733.98	Replace broken window, repairs and cleaning
Lock/key replacement	$110.84	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,068.82
Total payable by Tenant to Landlord	$4,068.82

Claims and awards for application 5467044 — net $4,068.82 NZD. Verify on MoJ.

Rubbish removal, and storage and disposal of tenants items

Amount: $1,546.00
Awarded to: Landlord
Reason: Rubbish removal, and storage and disposal of tenants items

Carpet replacement

Amount: $650.00
Awarded to: Landlord
Reason: Carpet replacement

Replace broken window, repairs and cleaning

Amount: $1,733.98
Awarded to: Landlord
Reason: Replace broken window, repairs and cleaning

Lock/key replacement

Amount: $110.84
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $4,068.82 immediately, calculated as shown in table below. DescriptionLandlord Carpet replacement$650.00 Replace broken window, repairs and cleaning$1,733.98 Lock/key replacement$110.84 Rubbish removal, and storage and disposal of tenants items $1,546.00 Filing fee reimbursement$28.00 Total award$4,068.82 Total payable by Tenant to Landlord$4,068.82

Reasons

Only the landlord attended the hearing.
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 tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish and chattels. The photographs capture the extraordinary mess the tenants left, including rotting food and human and animal faeces. The extent of the filth in the carpets (partly caused by an unauthorised dog) was s extensive they could not be restored with cleaning/stain odour removal and needed to be replaced.
The tenant’s left goods at the property including a fridge/freezer that was filled with rotten food and maggots and needed to be dumped along with a number of the tenants’ other items.
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 following damage was caused during the tenancy: a large window was broken and the carpets essentially destroyed beyond repair probably in part by an unauthorised dog. 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 dismissing the landlord’s claim for replacement of the toilet. While it is likely the obvious crack was caused by the tenant’s negligent or intentional actions, the toilet was also likely more than 10 years old at the end of the tenancy and therefore at the end of its useful life in a rental situation. A reasonable landlord ought to factor in to their business plan replacement of toilet bowls on account of discolouration/staining and general wear and tear.
Because [The tenant/s] landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

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 5467044 — net $4,068.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal, and storage and disposal of tenants items	$1,546.00	Rubbish removal, and storage and disposal of tenants items
Carpet replacement	$650.00	Carpet replacement
Replace broken window, repairs and cleaning	$1,733.98	Replace broken window, repairs and cleaning
Lock/key replacement	$110.84	Lock/key replacement
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,068.82
Total payable by Tenant to Landlord	$4,068.82

Claims and awards for application 5467044 — net $4,068.82 NZD. Verify on MoJ.

Rubbish removal, and storage and disposal of tenants items

Amount: $1,546.00
Awarded to: Landlord
Reason: Rubbish removal, and storage and disposal of tenants items

Carpet replacement

Amount: $650.00
Awarded to: Landlord
Reason: Carpet replacement

Replace broken window, repairs and cleaning

Amount: $1,733.98
Awarded to: Landlord
Reason: Replace broken window, repairs and cleaning

Lock/key replacement

Amount: $110.84
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $4,068.82 immediately, calculated as shown in table below. DescriptionLandlord Carpet replacement$650.00 Replace broken window, repairs and cleaning$1,733.98 Lock/key replacement$110.84 Rubbish removal, and storage and disposal of tenants items $1,546.00 Filing fee reimbursement$28.00 Total award$4,068.82 Total payable by Tenant to Landlord$4,068.82

Reasons

Only the landlord attended the hearing.
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 tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish and chattels. The photographs capture the extraordinary mess the tenants left, including rotting food and human and animal faeces. The extent of the filth in the carpets (partly caused by an unauthorised dog) was s extensive they could not be restored with cleaning/stain odour removal and needed to be replaced.
The tenant’s left goods at the property including a fridge/freezer that was filled with rotten food and maggots and needed to be dumped along with a number of the tenants’ other items.
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 following damage was caused during the tenancy: a large window was broken and the carpets essentially destroyed beyond repair probably in part by an unauthorised dog. 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 dismissing the landlord’s claim for replacement of the toilet. While it is likely the obvious crack was caused by the tenant’s negligent or intentional actions, the toilet was also likely more than 10 years old at the end of the tenancy and therefore at the end of its useful life in a rental situation. A reasonable landlord ought to factor in to their business plan replacement of toilet bowls on account of discolouration/staining and general wear and tear.
Because [The tenant/s] landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5467044 — Cleanliness at 6 Furlong Street, Hawera, Hawera 4610

At a glance

Tenancy Tribunal case 5467044 — Cleanliness at 6 Furlong Street, Hawera, Hawera 4610

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.