How much money was awarded in case 4614909?

Cleaning: $385.25 awarded to landlord; Cleaning: $435.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $108.68 awarded to landlord; Door Frame And Window Frame: $110.40 awarded to landlord; Door Trim: $300.95 awarded to landlord; Replace furnishings: oven tray, curt…: $140.74 awarded to landlord; Replace Furnishings: Wall Heaters: $304.20 awarded to landlord; Rubbish Removal: $304.09 awarded to landlord; Rubbish Removal: $28.75 awarded to landlord

What type of tenancy dispute was case 4614909?

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

Where can I read the official tribunal order for case 4614909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9225146-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4614909?

Cleaning: $385.25 awarded to landlord; Cleaning: $435.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $108.68 awarded to landlord; Door Frame And Window Frame: $110.40 awarded to landlord; Door Trim: $300.95 awarded to landlord; Replace furnishings: oven tray, curt…: $140.74 awarded to landlord; Replace Furnishings: Wall Heaters: $304.20 awarded to landlord; Rubbish Removal: $304.09 awarded to landlord; Rubbish Removal: $28.75 awarded to landlord

What type of tenancy dispute was case 4614909?

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

Where can I read the official tribunal order for case 4614909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9225146-Tenancy_Tribunal_Order.pdf.

30 Kennedy Drive, Levin, Levin 5510 Tenancy Tribunal Case 4614909 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4614909?

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 4614909 — net $738.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$304.09	Rubbish removal
Rubbish removal: tip fees	$28.75	Rubbish removal: tip fees
Cleaning	$435.00	Cleaning
Carpet Cleaning	$385.25	Carpet Cleaning
Repairs: door frame and window frame	$110.40	Repairs: door frame and window frame
Repairs: door trim	$300.95	Repairs: door trim
Replace furnishings: wall heaters	$304.20	Replace furnishings: wall heaters
Replace furnishings: oven tray, curtain, shower curtain, light shades	$140.74	Replace furnishings: oven tray, curtain, shower curtain, light shades
Lock/key replacement: sleepout	$108.68	Lock/key replacement: sleepout
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$738.50
Total payable by Tenant to Landlord	$738.50

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

The landlord is to offset the bond of $1,400.00 held in its trust account in part payment of the amounts due to the landlord and as provided in the table below

Kirk McDougall must pay Doublewinkel Real Estate Limited As Agent For P & C Dyer $738.50 immediately, calculated as shown in the table below. DescriptionLandlord Rubbish removal$304.09 Rubbish removal: tip fees$28.75 Cleaning$435.00 Carpet Cleaning$385.25 Repairs: door frame and window frame$110.40 Repairs: door trim$300.95 Replace furnishings: wall heaters$304.20 Replace furnishings: oven tray, curtain, shower curtain, light shades $140.74 Lock/key replacement: sleepout$108.68 Filing fee reimbursement$20.44 Total award$2,138.50 Bond$1,400.00 Total payable by Tenant to Landlord$738.50

Reasons

The landlord attended the hearing.

The tenant was not present at the appointed time and so the Tribunal delayed starting for 15 minutes. The tenant did not appear at the hearing.

The landlord has applied for compensation, payment 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, return all keys and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photographic evidence 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 to the sleepout.

The following chattels were missing at the end of the tenancy: an oven tray, the shower curtain, a curtain near the back door, some light shades and two wall heaters.

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 following damage was caused during the tenancy: • A door frame and window frame were damaged. • A door trim was splintered

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

The amounts ordered are proved. Bond

The landlord was paid the bond from the Bond Centre and has held it in its trust account pending the outcome of this hearing. It is confirmed that these funds can be applied by the landlord in reduction of the amount owing by the tenant under this Order. Filing fee

Because Doublewinkel Real Estate Limited As Agent For P & C Dyer has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4614909 — net $738.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$304.09	Rubbish removal
Rubbish removal: tip fees	$28.75	Rubbish removal: tip fees
Cleaning	$435.00	Cleaning
Carpet Cleaning	$385.25	Carpet Cleaning
Repairs: door frame and window frame	$110.40	Repairs: door frame and window frame
Repairs: door trim	$300.95	Repairs: door trim
Replace furnishings: wall heaters	$304.20	Replace furnishings: wall heaters
Replace furnishings: oven tray, curtain, shower curtain, light shades	$140.74	Replace furnishings: oven tray, curtain, shower curtain, light shades
Lock/key replacement: sleepout	$108.68	Lock/key replacement: sleepout
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$738.50
Total payable by Tenant to Landlord	$738.50

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The landlord is to offset the bond of $1,400.00 held in its trust account in part payment of the amounts due to the landlord and as provided in the table below
Kirk McDougall must pay Doublewinkel Real Estate Limited As Agent For P & C Dyer $738.50 immediately, calculated as shown in the table below. DescriptionLandlord Rubbish removal$304.09 Rubbish removal: tip fees$28.75 Cleaning$435.00 Carpet Cleaning$385.25 Repairs: door frame and window frame$110.40 Repairs: door trim$300.95 Replace furnishings: wall heaters$304.20 Replace furnishings: oven tray, curtain, shower curtain, light shades $140.74 Lock/key replacement: sleepout$108.68 Filing fee reimbursement$20.44 Total award$2,138.50 Bond$1,400.00 Total payable by Tenant to Landlord$738.50

Reasons

The landlord attended the hearing.
The tenant was not present at the appointed time and so the Tribunal delayed starting for 15 minutes. The tenant did not appear at the hearing.
The landlord has applied for compensation, payment 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, return all keys and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence 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 to the sleepout.
The following chattels were missing at the end of the tenancy: an oven tray, the shower curtain, a curtain near the back door, some light shades and two wall heaters.
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 following damage was caused during the tenancy: • A door frame and window frame were damaged. • A door trim was splintered
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage was careless.
The amounts ordered are proved. Bond
The landlord was paid the bond from the Bond Centre and has held it in its trust account pending the outcome of this hearing. It is confirmed that these funds can be applied by the landlord in reduction of the amount owing by the tenant under this Order. Filing fee
Because Doublewinkel Real Estate Limited As Agent For P & C Dyer has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4614909 — Cleanliness at 30 Kennedy Drive, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4614909 — Cleanliness at 30 Kennedy Drive, 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

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