What was Tenancy Tribunal case 5470209 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 5470209?

Cleaning: $575.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Ceiling lights and wardrobe door kno…: $140.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rubbish Removal: $120.00 awarded to landlord

What type of tenancy dispute was case 5470209?

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

Where can I read the official tribunal order for case 5470209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13871589-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5470209 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 5470209?

Cleaning: $575.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Ceiling lights and wardrobe door kno…: $140.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rubbish Removal: $120.00 awarded to landlord

What type of tenancy dispute was case 5470209?

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

Where can I read the official tribunal order for case 5470209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13871589-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 3, 58 Spring Street, Onehunga, Auckland 1061 Tenancy Tribunal Case 5470209 — Property damage

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Unit/Flat Flat 3, 58 Spring Street, Onehunga, Auckland 1061 Tenancy Tribunal Case 5470209 — 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 5470209 — net $1,863.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Carpet replacement (insurance excess	$1,000.00	Replace furnishings: Carpet replacement (insurance excess
Repairs: Ceiling lights and wardrobe door knob	$140.00	Repairs: Ceiling lights and wardrobe door knob
Cleaning	$575.00	Cleaning
Rubbish removal	$120.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,863.00
Total payable by Tenant to Landlord	$1,863.00

Claims and awards for application 5470209 — net $1,863.00 NZD. Verify on MoJ.

Replace furnishings: Carpet replacement (insurance excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Replace furnishings: Carpet replacement (insurance excess

Repairs: Ceiling lights and wardrobe door knob

Amount: $140.00
Awarded to: Landlord
Reason: Repairs: Ceiling lights and wardrobe door knob

Cleaning

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $120.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
[The tenant/s] must pay [The landlord/s] $1,863.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote video conference. The tenant did not join the hearing via the video or telephone link as instructed in the notice of hearing. The hearing continued in the absence of the tenant.
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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided comprehensive evidence in the form of entry and exit inspection reports, photographs and invoices. The evidence clearly confirms that the tenant left the premises in a disgraceful state. The premises required extensive cleaning and rubbish removal.
The amounts claimed for cleaning and rubbish removal are more than reasonable.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: Carpet damage, damage to two ceiling lights and a bedroom wardrobe doorknob. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord confirmed during the hearing that the carpet was brand new at the start of the tenancy in April 2022. I have also sighted the entry and exit photographs of the carpet.
The landlord provided evidence of the damage, along with a Certificate of Insurance from Tower Insurance confirming the excess amount of $1,000.00. Invoices were also provided confirming the amounts claimed.
Having sighted the landlord’s evidence filed in support I am satisfied that the damage by the tenant was intentional. I also find that the tenant is responsible for the amounts claimed in respect of this.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
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 – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

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 5470209 — net $1,863.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Carpet replacement (insurance excess	$1,000.00	Replace furnishings: Carpet replacement (insurance excess
Repairs: Ceiling lights and wardrobe door knob	$140.00	Repairs: Ceiling lights and wardrobe door knob
Cleaning	$575.00	Cleaning
Rubbish removal	$120.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,863.00
Total payable by Tenant to Landlord	$1,863.00

Claims and awards for application 5470209 — net $1,863.00 NZD. Verify on MoJ.

Replace furnishings: Carpet replacement (insurance excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Replace furnishings: Carpet replacement (insurance excess

Repairs: Ceiling lights and wardrobe door knob

Amount: $140.00
Awarded to: Landlord
Reason: Repairs: Ceiling lights and wardrobe door knob

Cleaning

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $120.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord name and identifying details.
[The tenant/s] must pay [The landlord/s] $1,863.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via remote video conference. The tenant did not join the hearing via the video or telephone link as instructed in the notice of hearing. The hearing continued in the absence of the tenant.
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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided comprehensive evidence in the form of entry and exit inspection reports, photographs and invoices. The evidence clearly confirms that the tenant left the premises in a disgraceful state. The premises required extensive cleaning and rubbish removal.
The amounts claimed for cleaning and rubbish removal are more than reasonable.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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: Carpet damage, damage to two ceiling lights and a bedroom wardrobe doorknob. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord confirmed during the hearing that the carpet was brand new at the start of the tenancy in April 2022. I have also sighted the entry and exit photographs of the carpet.
The landlord provided evidence of the damage, along with a Certificate of Insurance from Tower Insurance confirming the excess amount of $1,000.00. Invoices were also provided confirming the amounts claimed.
Having sighted the landlord’s evidence filed in support I am satisfied that the damage by the tenant was intentional. I also find that the tenant is responsible for the amounts claimed in respect of this.
The amounts ordered are proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
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 – section 95A Residential Tenancies Act.
The landlord applied for a name suppression order. The landlord is entitled to name suppression as the application is successful – see section 95A RTA.

Tenancy Tribunal case 5470209 — Property damage at Unit/Flat Flat 3, 58 Spring Street, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 5470209 — Property damage at Unit/Flat Flat 3, 58 Spring Street, Onehunga, Auckland 1061

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