How much money was awarded in case 5467590?

Cleaning: $264.50 awarded to landlord; Carpet Stain Removal: $862.50 awarded to landlord; Cleaning: $190.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Property Damage: $276.00 awarded to landlord; Rent Overpaid: $480.00 awarded to tenant

What type of tenancy dispute was case 5467590?

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

Where can I read the official tribunal order for case 5467590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13695546-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5467590?

Cleaning: $264.50 awarded to landlord; Carpet Stain Removal: $862.50 awarded to landlord; Cleaning: $190.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Property Damage: $276.00 awarded to landlord; Rent Overpaid: $480.00 awarded to tenant

What type of tenancy dispute was case 5467590?

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

Where can I read the official tribunal order for case 5467590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13695546-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5467590 — Property damage

Q: What was Tenancy Tribunal case 5467590 about?

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

Order

Claims and awards in Tenancy Tribunal application 5467590 — net $2,091.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Carpet cleaning	$264.50		Carpet cleaning
Carpet stain removal	$862.50		Carpet stain removal
Painting damaged walls reduced for betterment	$300.00		Painting damaged walls reduced for betterment
Cleaning	$190.00		Cleaning
Hob replacement excess	$650.00		Hob replacement excess
Bench repair	$276.00		Bench repair
Filing fee reimbursement	$28.00		Filing fee reimbursement
Rent overpaid		$480.00	Rent overpaid
Total award	$2,571.00	$480.00
Net award	$2,091.00
Bond	$2,200.00
Total payable by Tenant to Landlord	$2,091.00

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

Marlyn Hurtado Hinostroza to pay the landlord $2,091.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) immediately apportioned as follows: The landlord: $2,091.00 Marlyn Hurtado Hinostroza: $109.00

Reasons

Both parties 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, 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. .

I am satisfied that there were some areas of the premises that were not reasonably clean. The cleaning work carried out for the landlord was to make the premises perfectly clean. The amount ordered takes that into account.

I am satisfied that the claim for carpet cleaning and stain removal is proved. The photos show an extensive number of small stains that had to be removed.

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.

I am satisfied that the landlord’s photos prove that the hob was damaged during the tenancy. The loss to the landlord was the insurance excess.

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.

The walls had some damage that needed a painting contractor. I have allowed $300.00 of the $342.70 claimed to allow for a minimal amount of betterment.

The benchtop was damaged. The repair cost of $276.00 is proved.

The damage referred to above is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I have taken 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. Filing fee

Because the landlord has been successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant. Suppression

The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlord has substantially succeeded with the claim and therefore name suppression is granted.

Claims and awards in Tenancy Tribunal application 5467590 — net $2,091.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Carpet cleaning	$264.50		Carpet cleaning
Carpet stain removal	$862.50		Carpet stain removal
Painting damaged walls reduced for betterment	$300.00		Painting damaged walls reduced for betterment
Cleaning	$190.00		Cleaning
Hob replacement excess	$650.00		Hob replacement excess
Bench repair	$276.00		Bench repair
Filing fee reimbursement	$28.00		Filing fee reimbursement
Rent overpaid		$480.00	Rent overpaid
Total award	$2,571.00	$480.00
Net award	$2,091.00
Bond	$2,200.00
Total payable by Tenant to Landlord	$2,091.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Marlyn Hurtado Hinostroza to pay the landlord $2,091.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,200.00 ([Bond number suppressed]) immediately apportioned as follows: The landlord: $2,091.00 Marlyn Hurtado Hinostroza: $109.00

Reasons

Both parties 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, 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. .
I am satisfied that there were some areas of the premises that were not reasonably clean. The cleaning work carried out for the landlord was to make the premises perfectly clean. The amount ordered takes that into account.
I am satisfied that the claim for carpet cleaning and stain removal is proved. The photos show an extensive number of small stains that had to be removed.
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.
I am satisfied that the landlord’s photos prove that the hob was damaged during the tenancy. The loss to the landlord was the insurance excess.
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.
The walls had some damage that needed a painting contractor. I have allowed $300.00 of the $342.70 claimed to allow for a minimal amount of betterment.
The benchtop was damaged. The repair cost of $276.00 is proved.
The damage referred to above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have taken 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. Filing fee
Because the landlord has been successful with the claim the filing fee of $28.00 is ordered to be paid by the tenant. Suppression
The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded with the claim and therefore name suppression is granted.

Tenancy Tribunal case 5467590 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5467590 — Property damage

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

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