How much money was awarded in case 5490969?

Cleaning: $241.50 awarded to landlord; Compensation: $600.00 awarded to landlord; Property Damage: $700.00 awarded to landlord; Property Damage: $835.00 awarded to landlord; Rent Overpayment: $1,300.00 awarded to tenant

What type of tenancy dispute was case 5490969?

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

Where can I read the official tribunal order for case 5490969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13553530-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5490969?

Cleaning: $241.50 awarded to landlord; Compensation: $600.00 awarded to landlord; Property Damage: $700.00 awarded to landlord; Property Damage: $835.00 awarded to landlord; Rent Overpayment: $1,300.00 awarded to tenant

What type of tenancy dispute was case 5490969?

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

Where can I read the official tribunal order for case 5490969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13553530-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5490969 — Property damage

Q: What was Tenancy Tribunal case 5490969 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 5490969 — net $1,076.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$241.50		Cleaning
Fridge compensation as agreed	$600.00		Fridge compensation as agreed
Bench top repair	$700.00		Bench top repair
Wall repairs	$835.00		Wall repairs
Rent overpayment		$1,300.00	Rent overpayment
Total award	$2,376.50	$1,300.00
Net award	$1,076.50
Bond	$2,600.00
Total payable by Tenant to Landlord	$1,076.50

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

The tenants are to pay the landlords $1,076.50 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) immediately apportioned as follows: The landlords: $1,076.50 The tenants: $1,523.50

The amount to pay is calculated as follows:

Reasons

All parties attended the hearing.

The parties agreed that $1,300.00 rent had been overpaid by the tenants and was being held by the landlord.

The landlord has applied for compensation from the bond for the amount in excess of overpaid rent.

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 parties agreed that some cleaning needed to be carried out to make the property reasonably clean. The landlord employed a cleaner who cleaned the premises to the standard of being ready for a new tenant.

The evidence showing that the premises was not reasonably clean was limited. I have allowed 3 hours plus Gst at $70.00 per hour.

Is the tenant responsible for the damage to the premises?

The parties agree that $600.00 was reasonable compensation for the damage to the fridge.

Regarding other damage, 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.

I am satisfied that the wall damaged was beyond fair wear and tear. However I have deducted $200.00 from the amount claimed. That deduction is for repairs to the area where doors open onto each other.

I am satisfied that the amount claimed for the damage to the benchtop is reasonable. That repair is specialized work. It was not able to be repaired by the tenants before they vacated.

I am satisfied that the damage to the walls and bench would not be covered by an insurance claim because the damage was not a single event in each case. Filing fee

The parties had claimed the filing fee. Both parties have been partly successful with their claims and therefore no order is made. Suppression

Both parties have requested name suppression. The Tribunal may, on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (s.95A(4). I have ordered suppression of all parties’ names and identifying details because both parties were completely successful with aspects of their claims.

Claims and awards in Tenancy Tribunal application 5490969 — net $1,076.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$241.50		Cleaning
Fridge compensation as agreed	$600.00		Fridge compensation as agreed
Bench top repair	$700.00		Bench top repair
Wall repairs	$835.00		Wall repairs
Rent overpayment		$1,300.00	Rent overpayment
Total award	$2,376.50	$1,300.00
Net award	$1,076.50
Bond	$2,600.00
Total payable by Tenant to Landlord	$1,076.50

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
The tenants are to pay the landlords $1,076.50 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) immediately apportioned as follows: The landlords: $1,076.50 The tenants: $1,523.50
The amount to pay is calculated as follows:

Reasons

All parties attended the hearing.
The parties agreed that $1,300.00 rent had been overpaid by the tenants and was being held by the landlord.
The landlord has applied for compensation from the bond for the amount in excess of overpaid rent.

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 parties agreed that some cleaning needed to be carried out to make the property reasonably clean. The landlord employed a cleaner who cleaned the premises to the standard of being ready for a new tenant.
The evidence showing that the premises was not reasonably clean was limited. I have allowed 3 hours plus Gst at $70.00 per hour.

Is the tenant responsible for the damage to the premises?

The parties agree that $600.00 was reasonable compensation for the damage to the fridge.
Regarding other damage, 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.
I am satisfied that the wall damaged was beyond fair wear and tear. However I have deducted $200.00 from the amount claimed. That deduction is for repairs to the area where doors open onto each other.
I am satisfied that the amount claimed for the damage to the benchtop is reasonable. That repair is specialized work. It was not able to be repaired by the tenants before they vacated.
I am satisfied that the damage to the walls and bench would not be covered by an insurance claim because the damage was not a single event in each case. Filing fee
The parties had claimed the filing fee. Both parties have been partly successful with their claims and therefore no order is made. Suppression
Both parties have requested name suppression. The Tribunal may, on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (s.95A(4). I have ordered suppression of all parties’ names and identifying details because both parties were completely successful with aspects of their claims.

Tenancy Tribunal case 5490969 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5490969 — 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