How much money was awarded in case 4632891?

Cleaning: $320.00 awarded to landlord; Cleaning: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns: $65.00 awarded to landlord; Plastering, Painting, And Wallpaperi…: $1,281.00 awarded to landlord; Previous Order Application 4565212: $20.44 awarded to landlord; Property Damage: $260.00 awarded to landlord; Property Damage: $243.80 awarded to landlord; Replace Curtains: $324.00 awarded to landlord; Skip Hire: $380.00 awarded to landlord; Unblocking Drain, Plumber: $96.00 awarded to landlord; Wallpaper: $359.96 awarded to landlord

What type of tenancy dispute was case 4632891?

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

Where can I read the official tribunal order for case 4632891?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9410862-Tribunal_Order.pdf.

How much money was awarded in case 4632891?

Cleaning: $320.00 awarded to landlord; Cleaning: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns: $65.00 awarded to landlord; Plastering, Painting, And Wallpaperi…: $1,281.00 awarded to landlord; Previous Order Application 4565212: $20.44 awarded to landlord; Property Damage: $260.00 awarded to landlord; Property Damage: $243.80 awarded to landlord; Replace Curtains: $324.00 awarded to landlord; Skip Hire: $380.00 awarded to landlord; Unblocking Drain, Plumber: $96.00 awarded to landlord; Wallpaper: $359.96 awarded to landlord

What type of tenancy dispute was case 4632891?

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

Where can I read the official tribunal order for case 4632891?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9410862-Tribunal_Order.pdf.

1B Mulberry Lane, Bradford, Dunedin 9011 Tenancy Tribunal Case 4632891 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4632891?

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 4632891 — net $2,090.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4565212	$20.44	Previous order application 4565212
Carpet Cleaning	$320.00	Carpet Cleaning
Replace curtains	$324.00	Replace curtains
Skip hire	$380.00	Skip hire
Unblocking drain, plumber	$96.00	Unblocking drain, plumber
Lawns	$65.00	Lawns
Lock/key replacement	$260.00	Lock/key replacement
Plastering, painting, and wallpapering of walls	$1,281.00	Plastering, painting, and wallpapering of walls
Wallpaper	$359.96	Wallpaper
Repairs to kitchen cabinet	$243.80	Repairs to kitchen cabinet
Cleaning	$1,000.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,090.64
Total payable by Tenant to Landlord	$2,090.64

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

Dawn Kahukura-Davis must pay Dunedin City Property Management Limited, Bronwyn Kaye Jupp $2,090.64 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 7 June 2023 under application 4565212.

Reasons

The landlord attended the hearing.

Although the tenant did not appear I am satisfied that service has been effected via her email address.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

At the hearing the landlord also applied for cleaning and the costs of replacing the kitchen vinyl.

I have determined the claim for cleaning costs because I am satisfied the tenant would have been aware of the cleaning invoice, having been sent it by the landlord.

However, I was unable to consider the costs for replacement of the kitchen vinyl because this was not a claim that the tenant knew about before the hearing.

On 7/6/2023 the Tribunal made an order relating to this tenancy, for termination and the filing fee.

The monetary part of the previous order is incorporated into this order for enforcement purposes.

No order is made about the bond because the landlord has already received the bond as a result of the tenant signing the release form.

The tenancy was originally for a fixed term from 2/5/2022 to 7/2/2023 at a rental of $570 per week.

On the expiration of the term the tenancy rolled over to a periodic until terminated by the Tribunal on 7/6/2023.

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 landlord claimed compensation for cleaning, carpet cleaning, skip hire for rubbish removal, unblocking of a drain, and replacement of locks.

In support of the claim the landlord provided photographs from an entry inspection report dated 30/4/2022, exit report photographs taken 9&10/6/2023 and invoices.

I am persuaded by the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish and possessions.

The tenant did not return the keys.

The claim for cleaning has been reduced to reflect the evidence about the amount of cleaning needed.

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 claimed compensation for damage to curtains, walls, and a kitchen cabinet.

I am satisfied from the evidence that the damage was caused during the tenancy and is more than fair wear and tear.

In considering the amount to award I have taken into account betterment and depreciation.

The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy, their likely useful lifespan and the fact that the landlord redecorated the premises three years ago before the tenancy began.

As the landlord has largely succeeded with the claim, I have awarded the filing fee.

Claims and awards in Tenancy Tribunal application 4632891 — net $2,090.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4565212	$20.44	Previous order application 4565212
Carpet Cleaning	$320.00	Carpet Cleaning
Replace curtains	$324.00	Replace curtains
Skip hire	$380.00	Skip hire
Unblocking drain, plumber	$96.00	Unblocking drain, plumber
Lawns	$65.00	Lawns
Lock/key replacement	$260.00	Lock/key replacement
Plastering, painting, and wallpapering of walls	$1,281.00	Plastering, painting, and wallpapering of walls
Wallpaper	$359.96	Wallpaper
Repairs to kitchen cabinet	$243.80	Repairs to kitchen cabinet
Cleaning	$1,000.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,090.64
Total payable by Tenant to Landlord	$2,090.64

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Dawn Kahukura-Davis must pay Dunedin City Property Management Limited, Bronwyn Kaye Jupp $2,090.64 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 7 June 2023 under application 4565212.

Reasons

The landlord attended the hearing.
Although the tenant did not appear I am satisfied that service has been effected via her email address.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
At the hearing the landlord also applied for cleaning and the costs of replacing the kitchen vinyl.
I have determined the claim for cleaning costs because I am satisfied the tenant would have been aware of the cleaning invoice, having been sent it by the landlord.
However, I was unable to consider the costs for replacement of the kitchen vinyl because this was not a claim that the tenant knew about before the hearing.
On 7/6/2023 the Tribunal made an order relating to this tenancy, for termination and the filing fee.
The monetary part of the previous order is incorporated into this order for enforcement purposes.
No order is made about the bond because the landlord has already received the bond as a result of the tenant signing the release form.
The tenancy was originally for a fixed term from 2/5/2022 to 7/2/2023 at a rental of $570 per week.
On the expiration of the term the tenancy rolled over to a periodic until terminated by the Tribunal on 7/6/2023.

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 landlord claimed compensation for cleaning, carpet cleaning, skip hire for rubbish removal, unblocking of a drain, and replacement of locks.
In support of the claim the landlord provided photographs from an entry inspection report dated 30/4/2022, exit report photographs taken 9&10/6/2023 and invoices.
I am persuaded by the evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish and possessions.
The tenant did not return the keys.
The claim for cleaning has been reduced to reflect the evidence about the amount of cleaning needed.

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 claimed compensation for damage to curtains, walls, and a kitchen cabinet.
I am satisfied from the evidence that the damage was caused during the tenancy and is more than fair wear and tear.
In considering the amount to award I have taken into account betterment and depreciation.
The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy, their likely useful lifespan and the fact that the landlord redecorated the premises three years ago before the tenancy began.
As the landlord has largely succeeded with the claim, I have awarded the filing fee.

Tenancy Tribunal case 4632891 — Cleanliness at 1B Mulberry Lane, Bradford, Dunedin 9011

At a glance

Tenancy Tribunal case 4632891 — Cleanliness at 1B Mulberry Lane, Bradford, Dunedin 9011

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