What was Tenancy Tribunal case 5547797 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Seddon Street Property Management Limited

How much money was awarded in case 5547797?

Cleaning: $115.00 awarded to landlord; Cleaning: $703.50 awarded to landlord; Filing Fee: $29.00 awarded to landlord; Lightbulbs: $15.00 awarded to landlord; Property Damage: $443.95 awarded to landlord; Garage Door: $1,840.00 awarded to landlord; Garage Door Frame: $534.24 awarded to landlord; garage door glass, downlights and ho…: $840.54 awarded to landlord; Walls And Painting: $1,176.35 awarded to landlord

What type of tenancy dispute was case 5547797?

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

Where can I read the official tribunal order for case 5547797?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14181200-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5547797 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Seddon Street Property Management Limited

How much money was awarded in case 5547797?

Cleaning: $115.00 awarded to landlord; Cleaning: $703.50 awarded to landlord; Filing Fee: $29.00 awarded to landlord; Lightbulbs: $15.00 awarded to landlord; Property Damage: $443.95 awarded to landlord; Garage Door: $1,840.00 awarded to landlord; Garage Door Frame: $534.24 awarded to landlord; garage door glass, downlights and ho…: $840.54 awarded to landlord; Walls And Painting: $1,176.35 awarded to landlord

What type of tenancy dispute was case 5547797?

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

Where can I read the official tribunal order for case 5547797?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14181200-Tenancy_Tribunal_Order.pdf.

29 Graham Street, Levin, Levin 5510 Tenancy Tribunal Case 5547797 — Property damage

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29 Graham Street, Levin, Levin 5510 Tenancy Tribunal Case 5547797 — 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 5547797 — net $3,357.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: garage door glass, downlights and hole	$840.54	Repairs: garage door glass, downlights and hole
Carpet Cleaning	$115.00	Carpet Cleaning
Cleaning	$703.50	Cleaning
Light bulbs/batteries	$15.00	Light bulbs/batteries
Repairs: walls and painting	$1,176.35	Repairs: walls and painting
Repairs: garage door frame	$534.24	Repairs: garage door frame
Repairs: garage door	$1,840.00	Repairs: garage door
Electrical fittings replacement/repair	$443.95	Electrical fittings replacement/repair
Filing fee reimbursement	$29.00	Filing fee reimbursement
Net award	$3,357.58
Total payable by Tenant to Landlord	$3,357.58

Claims and awards for application 5547797 — net $3,357.58 NZD. Verify on MoJ.

Repairs: garage door glass, downlights and hole

Amount: $840.54
Awarded to: Landlord
Reason: Repairs: garage door glass, downlights and hole

Carpet Cleaning

Amount: $115.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $703.50
Awarded to: Landlord
Reason: Cleaning

Light bulbs/batteries

Amount: $15.00
Awarded to: Landlord
Reason: Light bulbs/batteries

Repairs: walls and painting

Amount: $1,176.35
Awarded to: Landlord
Reason: Repairs: walls and painting

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

[The tenant/s] tenant/s] must pay Seddon Street Property Management Limited As Agent For Nicola Dunford And [The tenant/s] landlord/s] $3,357.58 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,340.00 (5135249-007) to Seddon Street Property Management Limited As Agent For Nicola Dunford And [The tenant/s] landlord/s] immediately. DescriptionLandlord Carpet Cleaning$115.00 Cleaning$703.50 Light bulbs/batteries$15.00 Repairs: walls and painting$1,176.35 Repairs: garage door glass, downlights and hole repair $840.54 Repairs: garage door frame$534.24 Repairs: garage door$1,840.00 Electrical fittings replacement/repair$443.95 Filing fee reimbursement$29.00 Total award$5,697.58 Bond$2,340.00 Total payable by Tenant to Landlord$3,357.58

Reasons

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord explained that the tenant had dogs at the property and that the carpets required cleaning.
The landlord had to replace light bulbs.
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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. There were multiple nail, screw and hook holes in all the walls. b. There was graffiti on the walls of the garage. c. The glass in the side door to the garage was broken. d. Downlights had been painted over and required replacement. e. There was a hole in the cement board at the back door. f. The garage door was bent out of shape and its frame damaged beyond repair. g. The light and power cables where the dogs were kept had been damaged beyond repair. h. Curtains required cleaning and rehanging.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From the scale and nature of the damage it was intentional.
The amounts ordered are proved.
Because Seddon Street Property Management Limited As Agent For Nicola Dunford And [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse 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 5547797 — net $3,357.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: garage door glass, downlights and hole	$840.54	Repairs: garage door glass, downlights and hole
Carpet Cleaning	$115.00	Carpet Cleaning
Cleaning	$703.50	Cleaning
Light bulbs/batteries	$15.00	Light bulbs/batteries
Repairs: walls and painting	$1,176.35	Repairs: walls and painting
Repairs: garage door frame	$534.24	Repairs: garage door frame
Repairs: garage door	$1,840.00	Repairs: garage door
Electrical fittings replacement/repair	$443.95	Electrical fittings replacement/repair
Filing fee reimbursement	$29.00	Filing fee reimbursement
Net award	$3,357.58
Total payable by Tenant to Landlord	$3,357.58

Claims and awards for application 5547797 — net $3,357.58 NZD. Verify on MoJ.

Repairs: garage door glass, downlights and hole

Amount: $840.54
Awarded to: Landlord
Reason: Repairs: garage door glass, downlights and hole

Carpet Cleaning

Amount: $115.00
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning

Amount: $703.50
Awarded to: Landlord
Reason: Cleaning

Light bulbs/batteries

Amount: $15.00
Awarded to: Landlord
Reason: Light bulbs/batteries

Repairs: walls and painting

Amount: $1,176.35
Awarded to: Landlord
Reason: Repairs: walls and painting

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

[The tenant/s] tenant/s] must pay Seddon Street Property Management Limited As Agent For Nicola Dunford And [The tenant/s] landlord/s] $3,357.58 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,340.00 (5135249-007) to Seddon Street Property Management Limited As Agent For Nicola Dunford And [The tenant/s] landlord/s] immediately. DescriptionLandlord Carpet Cleaning$115.00 Cleaning$703.50 Light bulbs/batteries$15.00 Repairs: walls and painting$1,176.35 Repairs: garage door glass, downlights and hole repair $840.54 Repairs: garage door frame$534.24 Repairs: garage door$1,840.00 Electrical fittings replacement/repair$443.95 Filing fee reimbursement$29.00 Total award$5,697.58 Bond$2,340.00 Total payable by Tenant to Landlord$3,357.58

Reasons

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord explained that the tenant had dogs at the property and that the carpets required cleaning.
The landlord had to replace light bulbs.
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 landlord provided photographic evidence that the following damage was caused during the tenancy: a. There were multiple nail, screw and hook holes in all the walls. b. There was graffiti on the walls of the garage. c. The glass in the side door to the garage was broken. d. Downlights had been painted over and required replacement. e. There was a hole in the cement board at the back door. f. The garage door was bent out of shape and its frame damaged beyond repair. g. The light and power cables where the dogs were kept had been damaged beyond repair. h. Curtains required cleaning and rehanging.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. From the scale and nature of the damage it was intentional.
The amounts ordered are proved.
Because Seddon Street Property Management Limited As Agent For Nicola Dunford And [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5547797 — Property damage at 29 Graham Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 5547797 — Property damage at 29 Graham Street, Levin, Levin 5510

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

Property management

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.