What was the outcome of Tenancy Tribunal case 4594851?

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

How much money was awarded in case 4594851?

Cleaning: $287.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $174.90 awarded to landlord

What type of tenancy dispute was case 4594851?

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

Where can I read the official tribunal order for case 4594851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9224603-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4594851?

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

How much money was awarded in case 4594851?

Cleaning: $287.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $174.90 awarded to landlord

What type of tenancy dispute was case 4594851?

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

Where can I read the official tribunal order for case 4594851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9224603-Tribunal_Order.pdf.

14B Cobham Crescent, Huntly, Huntly 3700 Tenancy Tribunal Case 4594851 — Cleanliness

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14B Cobham Crescent, Huntly, Huntly 3700 Tenancy Tribunal Case 4594851 — Cleanliness | 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 4594851 — net $482.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$287.50	Cleaning
Electrical fittings replacement/repair	$174.90	Electrical fittings replacement/repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$482.84
Total payable by Tenant to Landlord	$482.84

Claims and awards for application 4594851 — net $482.84 NZD. Verify on MoJ.

Cleaning

Amount: $287.50
Awarded to: Landlord
Reason: Cleaning

Electrical fittings replacement/repair

Amount: $174.90
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $482.84

Total payable by Tenant to Landlord

Landlord $482.84

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Ibanez Jacob must pay Riverlands Real Estate Limited $482.84 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the tenant did not.
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.
The tenant did not leave the premises reasonably clean and tidy.
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 2019, 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.
The following damage was caused during the tenancy: One light batten broken beyond repair. 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 Riverlands Real Estate Limited 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 4594851 — net $482.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$287.50	Cleaning
Electrical fittings replacement/repair	$174.90	Electrical fittings replacement/repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$482.84
Total payable by Tenant to Landlord	$482.84

Claims and awards for application 4594851 — net $482.84 NZD. Verify on MoJ.

Cleaning

Amount: $287.50
Awarded to: Landlord
Reason: Cleaning

Electrical fittings replacement/repair

Amount: $174.90
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $482.84

Total payable by Tenant to Landlord

Landlord $482.84

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Ibanez Jacob must pay Riverlands Real Estate Limited $482.84 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, the tenant did not.
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.
The tenant did not leave the premises reasonably clean and tidy.
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 2019, 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.
The following damage was caused during the tenancy: One light batten broken beyond repair. 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 Riverlands Real Estate Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4594851 — Cleanliness at 14B Cobham Crescent, Huntly, Huntly 3700

At a glance

Tenancy Tribunal case 4594851 — Cleanliness at 14B Cobham Crescent, Huntly, Huntly 3700

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