What was the outcome of Tenancy Tribunal case 4651431?

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

How much money was awarded in case 4651431?

Cleaning: $448.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4636096 D…: $4,319.01 awarded to landlord; Rehang Drapes: $74.75 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Replace Furnishings: Toilet Seat: $138.00 awarded to landlord; Smoke Alarms: $97.75 awarded to landlord

What type of tenancy dispute was case 4651431?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4651431?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9355397-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4651431?

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

How much money was awarded in case 4651431?

Cleaning: $448.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4636096 D…: $4,319.01 awarded to landlord; Rehang Drapes: $74.75 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Replace Furnishings: Toilet Seat: $138.00 awarded to landlord; Smoke Alarms: $97.75 awarded to landlord

What type of tenancy dispute was case 4651431?

The primary dispute was Property damage. Related themes: Cleanliness, Smoke alarms.

Where can I read the official tribunal order for case 4651431?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9355397-Tenancy_Tribunal_Order.pdf.

26 Cobham Street, Levin, Levin 5510 Tenancy Tribunal Case 4651431 — Property damage

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26 Cobham Street, Levin, Levin 5510 Tenancy Tribunal Case 4651431 — 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 4651431 — net $4,318.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4636096 dated 09/08/2023	$4,319.01	Previous order application 4636096 dated 09/08/2023
Cleaning	$448.50	Cleaning
Replace smoke alarms	$97.75	Replace smoke alarms
Replace furnishings: toilet seat	$138.00	Replace furnishings: toilet seat
Rehang drapes	$74.75	Rehang drapes
Replace furnishings: carpet insurance excess	$1,200.00	Replace furnishings: carpet insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,318.45
Total payable by Tenant to Landlord	$4,318.45

Claims and awards for application 4651431 — net $4,318.45 NZD. Verify on MoJ.

Previous order application 4636096 dated 09/08/2023

Amount: $4,319.01
Awarded to: Landlord
Reason: Previous order application 4636096 dated 09/08/2023

Cleaning

Amount: $448.50
Awarded to: Landlord
Reason: Cleaning

Replace smoke alarms

Amount: $97.75
Awarded to: Landlord
Reason: Replace smoke alarms

Replace furnishings: toilet seat

Amount: $138.00
Awarded to: Landlord
Reason: Replace furnishings: toilet seat

Rehang drapes

Amount: $74.75
Awarded to: Landlord
Reason: Rehang drapes

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Replace Smoke Alarms

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Bond Centre is to pay the bond of $1,980.00 (3446477-010) to Berrymans Property Management & Rentals Limited As Agent For Simon Swain immediately.
Leesa Edwards must pay Berrymans Property Management & Rentals Limited As Agent For Simon Swain $4,318.45 immediately, calculated as shown in the table below. DescriptionLandlord Previous order application 4636096 dated 09/08/2023 $4,319.01 Cleaning$448.50 Replace smoke alarms$97.75 Replace furnishings: toilet seat$138.00 Rehang drapes$74.75 Replace furnishings: carpet insurance excess$1,200.00 Filing fee reimbursement$20.44 Total award$6,298.45 Bond$1,980.00 Total payable by Tenant to Landlord$4,318.45

Reasons

The landlord attended the hearing. The tenant did not attend 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 and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord gave evidence in person and provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy.
The landlord gave evidence that two smoke alarms were missing at the end of the tenancy.
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 following damage was caused during the tenancy: a. The toilet seat was broken. b. Curtains which had been rehung at the start of the tenancy required rehanging. c. The carpet was damaged in front of the log burner by a burning log falling on it.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The tenant accepted liability for the damage to the carpet by email on 31 July 2023.
All of the damage was careless and not intentional. The tenant’s liability is limited to the lesser of four weeks’ rent or the landlord’s insurance excess.
The amounts ordered are proved.
Because Berrymans Property Management & Rentals Limited As Agent For Simon Swain 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 4651431 — net $4,318.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4636096 dated 09/08/2023	$4,319.01	Previous order application 4636096 dated 09/08/2023
Cleaning	$448.50	Cleaning
Replace smoke alarms	$97.75	Replace smoke alarms
Replace furnishings: toilet seat	$138.00	Replace furnishings: toilet seat
Rehang drapes	$74.75	Rehang drapes
Replace furnishings: carpet insurance excess	$1,200.00	Replace furnishings: carpet insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,318.45
Total payable by Tenant to Landlord	$4,318.45

Claims and awards for application 4651431 — net $4,318.45 NZD. Verify on MoJ.

Previous order application 4636096 dated 09/08/2023

Amount: $4,319.01
Awarded to: Landlord
Reason: Previous order application 4636096 dated 09/08/2023

Cleaning

Amount: $448.50
Awarded to: Landlord
Reason: Cleaning

Replace smoke alarms

Amount: $97.75
Awarded to: Landlord
Reason: Replace smoke alarms

Replace furnishings: toilet seat

Amount: $138.00
Awarded to: Landlord
Reason: Replace furnishings: toilet seat

Rehang drapes

Amount: $74.75
Awarded to: Landlord
Reason: Rehang drapes

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Replace Smoke Alarms

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The Bond Centre is to pay the bond of $1,980.00 (3446477-010) to Berrymans Property Management & Rentals Limited As Agent For Simon Swain immediately.
Leesa Edwards must pay Berrymans Property Management & Rentals Limited As Agent For Simon Swain $4,318.45 immediately, calculated as shown in the table below. DescriptionLandlord Previous order application 4636096 dated 09/08/2023 $4,319.01 Cleaning$448.50 Replace smoke alarms$97.75 Replace furnishings: toilet seat$138.00 Rehang drapes$74.75 Replace furnishings: carpet insurance excess$1,200.00 Filing fee reimbursement$20.44 Total award$6,298.45 Bond$1,980.00 Total payable by Tenant to Landlord$4,318.45

Reasons

The landlord attended the hearing. The tenant did not attend 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 and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord gave evidence in person and provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy.
The landlord gave evidence that two smoke alarms were missing at the end of the tenancy.
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 following damage was caused during the tenancy: a. The toilet seat was broken. b. Curtains which had been rehung at the start of the tenancy required rehanging. c. The carpet was damaged in front of the log burner by a burning log falling on it.
The damage is more than fair wear and tear and the tenant has not disproved liability for the damage.
The tenant accepted liability for the damage to the carpet by email on 31 July 2023.
All of the damage was careless and not intentional. The tenant’s liability is limited to the lesser of four weeks’ rent or the landlord’s insurance excess.
The amounts ordered are proved.
Because Berrymans Property Management & Rentals Limited As Agent For Simon Swain has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4651431 — Property damage at 26 Cobham Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4651431 — Property damage at 26 Cobham 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

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