How much money was awarded in case 4563389?

Cleaning: $632.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $207.00 awarded to landlord; Property Damage: $655.50 awarded to landlord; Bathroom Door: $287.50 awarded to landlord; Clothesline: $80.50 awarded to landlord; Electrical: $287.50 awarded to landlord; Floor: $891.25 awarded to landlord; Walls: $1,127.00 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord

What type of tenancy dispute was case 4563389?

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

Where can I read the official tribunal order for case 4563389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9446709-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4563389?

Cleaning: $632.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $207.00 awarded to landlord; Property Damage: $655.50 awarded to landlord; Bathroom Door: $287.50 awarded to landlord; Clothesline: $80.50 awarded to landlord; Electrical: $287.50 awarded to landlord; Floor: $891.25 awarded to landlord; Walls: $1,127.00 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord

What type of tenancy dispute was case 4563389?

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

Where can I read the official tribunal order for case 4563389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9446709-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 16 Barneys Farm Road, Clendon Park, Tenancy Tribunal Case 4563389 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4563389?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4563389 — net $4,764.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$632.50	Carpet Cleaning
Repairs: clothesline	$80.50	Repairs: clothesline
Repairs: bathroom door	$287.50	Repairs: bathroom door
Repairs: walls	$1,127.00	Repairs: walls
Repairs: floor	$891.25	Repairs: floor
Repairs: electrical	$287.50	Repairs: electrical
Rubbish removal	$575.00	Rubbish removal
Lawns and Garden work	$207.00	Lawns and Garden work
Lock/key replacement	$655.50	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,764.19
Total payable by Tenant to Landlord	$4,764.19

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Kristi- Marie Burgess must pay Pro Edge Property Management Limited as Agent for Joseph Kuriakose $4,764.19 immediately, calculated as shown in table below. DescriptionLandlord Carpet Cleaning$632.50 Repairs: clothesline$80.50 Repairs: bathroom door$287.50 Repairs: walls$1,127.00 Repairs: floor$891.25 Repairs: electrical$287.50 Rubbish removal$575.00 Lawns and Garden work$207.00 Lock/key replacement$655.50 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$4,764.19

Reasons

Only the landlord attended the hearing. I note that the hearing room was changed on the morning of hearing due to technical issues in the scheduled hearing room. However, notices were posted at the original hearing room, and the Court Clerk announced the hearing within earshot of the original hearing room.

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.

Having heard the evidence and seen the photographs provided by the landlord, I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

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.

Where the damage is careless, and occurs after 27 August 2019, section 49B

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.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.

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.

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. Damage to the walls and paint in the hallway, lounge and two bedrooms. b. Damage to the floor outside the bathroom. c. Damage to the bathroom door. d. Damage to the washing line. e. Damage to lamps, switches and power points. f. Stains and strong odours in the carpet.

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

The amounts ordered are proved.

Because Pro Edge Property Management Limited as Agent for Joseph Kuriakose has wholly succeeded with the claim, I must order reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4563389 — net $4,764.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$632.50	Carpet Cleaning
Repairs: clothesline	$80.50	Repairs: clothesline
Repairs: bathroom door	$287.50	Repairs: bathroom door
Repairs: walls	$1,127.00	Repairs: walls
Repairs: floor	$891.25	Repairs: floor
Repairs: electrical	$287.50	Repairs: electrical
Rubbish removal	$575.00	Rubbish removal
Lawns and Garden work	$207.00	Lawns and Garden work
Lock/key replacement	$655.50	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,764.19
Total payable by Tenant to Landlord	$4,764.19

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Kristi- Marie Burgess must pay Pro Edge Property Management Limited as Agent for Joseph Kuriakose $4,764.19 immediately, calculated as shown in table below. DescriptionLandlord Carpet Cleaning$632.50 Repairs: clothesline$80.50 Repairs: bathroom door$287.50 Repairs: walls$1,127.00 Repairs: floor$891.25 Repairs: electrical$287.50 Rubbish removal$575.00 Lawns and Garden work$207.00 Lock/key replacement$655.50 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$4,764.19

Reasons

Only the landlord attended the hearing. I note that the hearing room was changed on the morning of hearing due to technical issues in the scheduled hearing room. However, notices were posted at the original hearing room, and the Court Clerk announced the hearing within earshot of the original hearing room.
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.
Having heard the evidence and seen the photographs provided by the landlord, I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
Where the damage is careless, and occurs after 27 August 2019, section 49B
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
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.
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. Damage to the walls and paint in the hallway, lounge and two bedrooms. b. Damage to the floor outside the bathroom. c. Damage to the bathroom door. d. Damage to the washing line. e. Damage to lamps, switches and power points. f. Stains and strong odours in the carpet.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Pro Edge Property Management Limited as Agent for Joseph Kuriakose has wholly succeeded with the claim, I must order reimbursement of the filing fee.

Tenancy Tribunal case 4563389 — Property damage at Unit/Flat 2, 16 Barneys Farm Road, Clendon Park,

At a glance

Tenancy Tribunal case 4563389 — Property damage at Unit/Flat 2, 16 Barneys Farm Road, Clendon Park,

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

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