What was the outcome of Tenancy Tribunal case 4684089?

The tribunal order states: Leah Russell must pay For Homes (Nz) Limited $1,263.05 immediately,

How much money was awarded in case 4684089?

Cleaning: $420.00 awarded to landlord; Property Damage: $37.38 awarded to landlord; Lawns and Garden Work: $322.00 awarded to landlord; Lightbulbs: $25.00 awarded to landlord; Hole In Wall: $162.50 awarded to landlord; Mitre 10: $25.83 awarded to landlord; Replace Furnishings: Carpet: $300.00 awarded to landlord; Replace Furnishings: Curtain Glides: $10.00 awarded to landlord; Rubbish Removal: $685.07 awarded to landlord; Property Damage: $337.64 awarded to landlord; Property Damage: $77.63 awarded to landlord

What type of tenancy dispute was case 4684089?

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

Where can I read the official tribunal order for case 4684089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9564156-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4684089?

The tribunal order states: Leah Russell must pay For Homes (Nz) Limited $1,263.05 immediately,

How much money was awarded in case 4684089?

Cleaning: $420.00 awarded to landlord; Property Damage: $37.38 awarded to landlord; Lawns and Garden Work: $322.00 awarded to landlord; Lightbulbs: $25.00 awarded to landlord; Hole In Wall: $162.50 awarded to landlord; Mitre 10: $25.83 awarded to landlord; Replace Furnishings: Carpet: $300.00 awarded to landlord; Replace Furnishings: Curtain Glides: $10.00 awarded to landlord; Rubbish Removal: $685.07 awarded to landlord; Property Damage: $337.64 awarded to landlord; Property Damage: $77.63 awarded to landlord

What type of tenancy dispute was case 4684089?

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

Where can I read the official tribunal order for case 4684089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9564156-Tenancy_Tribunal_Order.pdf.

19C Tennyson Street, Dannevirke, Dannevirke 4930 Tenancy Tribunal Case 4684089 — Property damage

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19C Tennyson Street, Dannevirke, Dannevirke 4930 Tenancy Tribunal Case 4684089 — 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 4684089 — net $1,263.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs: broken window	$337.64	Window repairs: broken window
Lawns and Garden work	$322.00	Lawns and Garden work
Cleaning	$420.00	Cleaning
Repairs: Mitre 10	$25.83	Repairs: Mitre 10
Rubbish removal	$685.07	Rubbish removal
Repairs: hole in wall	$162.50	Repairs: hole in wall
Window repairs: replace seals	$77.63	Window repairs: replace seals
Electrical fittings replacement/repair: broken light switch	$37.38	Electrical fittings replacement/repair: broken light switch
Light bulbs/batteries	$25.00	Light bulbs/batteries
Replace furnishings: curtain glides	$10.00	Replace furnishings: curtain glides
Replace furnishings: carpet	$300.00	Replace furnishings: carpet
Net award	$1,263.05
Total payable by Tenant to Landlord	$1,263.05

Claims and awards for application 4684089 — net $1,263.05 NZD. Verify on MoJ.

Window repairs: broken window

Amount: $337.64
Awarded to: Landlord
Reason: Window repairs: broken window

Lawns and Garden work

Amount: $322.00
Awarded to: Landlord
Reason: Lawns and Garden work

Cleaning

Amount: $420.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Mitre 10

Amount: $25.83
Awarded to: Landlord
Reason: Repairs: Mitre 10

Rubbish removal

Amount: $685.07
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Property damage Lawns And Garden Work Rubbish Removal

Order

Leah Russell must pay For Homes (Nz) Limited $1,263.05 immediately, calculated as shown in the table below. DescriptionLandlord Window repairs: broken window$337.64 Lawns and Garden work$322.00 Cleaning$420.00 Repairs: Mitre 10$25.83 Rubbish removal$685.07 Repairs: hole in wall$162.50 Window repairs: replace seals$77.63 Electrical fittings replacement/repair: broken light switch $37.38 Light bulbs/batteries$25.00 Replace furnishings: curtain glides$10.00 Replace furnishings: carpet$300.00 Total award$2,403.05 Bond$1,140.00 Total payable by Tenant to Landlord$1,263.05

Reasons

Both parties attended the hearing.
The landlord has applied for compensation 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 tenant must also replace standard light bulbs.
The tenant responsibly accepted that she did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant responsibly accepted that she was responsible for cleaning, gardening and the removal of rubbish as well as the replacement of some curtain glides. She disputed the amount claimed for light bulbs and I have awarded a lesser amount than that claimed by the landlord to reflect what was clearly missing at the end of the tenancy from the landlord’s photographic evidence and taking into account that the landlord was unable to refute the tenant’s assertion that at least one light bulb was missing at the start 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 tenant responsibly accepted liability for the repair of a window, a hole in a wall, a broken light switch and replacement of some of the carpet.
The tenant disputed the charge for the replacement of seals to a window in the sleepout and an invoice from a plumber for clearing the waste pipe in the laundry.
I accept the landlord’s evidence that the window seals were removed by another occupant of the property during the tenancy and the amount claimed is awarded.
I am not satisfied that the landlord has proven that the build up of “gunk” in the waste pipe was not fair wear and tear. The tenancy was for a period of less than a year and the accumulation may well have started to occur during a previous tenancy. The landlord has not proven this claim on the balance of probabilities and it is dismissed.

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 4684089 — net $1,263.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs: broken window	$337.64	Window repairs: broken window
Lawns and Garden work	$322.00	Lawns and Garden work
Cleaning	$420.00	Cleaning
Repairs: Mitre 10	$25.83	Repairs: Mitre 10
Rubbish removal	$685.07	Rubbish removal
Repairs: hole in wall	$162.50	Repairs: hole in wall
Window repairs: replace seals	$77.63	Window repairs: replace seals
Electrical fittings replacement/repair: broken light switch	$37.38	Electrical fittings replacement/repair: broken light switch
Light bulbs/batteries	$25.00	Light bulbs/batteries
Replace furnishings: curtain glides	$10.00	Replace furnishings: curtain glides
Replace furnishings: carpet	$300.00	Replace furnishings: carpet
Net award	$1,263.05
Total payable by Tenant to Landlord	$1,263.05

Claims and awards for application 4684089 — net $1,263.05 NZD. Verify on MoJ.

Window repairs: broken window

Amount: $337.64
Awarded to: Landlord
Reason: Window repairs: broken window

Lawns and Garden work

Amount: $322.00
Awarded to: Landlord
Reason: Lawns and Garden work

Cleaning

Amount: $420.00
Awarded to: Landlord
Reason: Cleaning

Repairs: Mitre 10

Amount: $25.83
Awarded to: Landlord
Reason: Repairs: Mitre 10

Rubbish removal

Amount: $685.07
Awarded to: Landlord
Reason: Rubbish removal

Claim types — money lines allowed on this order

Cleanliness Property damage Lawns And Garden Work Rubbish Removal

Order

Leah Russell must pay For Homes (Nz) Limited $1,263.05 immediately, calculated as shown in the table below. DescriptionLandlord Window repairs: broken window$337.64 Lawns and Garden work$322.00 Cleaning$420.00 Repairs: Mitre 10$25.83 Rubbish removal$685.07 Repairs: hole in wall$162.50 Window repairs: replace seals$77.63 Electrical fittings replacement/repair: broken light switch $37.38 Light bulbs/batteries$25.00 Replace furnishings: curtain glides$10.00 Replace furnishings: carpet$300.00 Total award$2,403.05 Bond$1,140.00 Total payable by Tenant to Landlord$1,263.05

Reasons

Both parties attended the hearing.
The landlord has applied for compensation 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 tenant must also replace standard light bulbs.
The tenant responsibly accepted that she did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant responsibly accepted that she was responsible for cleaning, gardening and the removal of rubbish as well as the replacement of some curtain glides. She disputed the amount claimed for light bulbs and I have awarded a lesser amount than that claimed by the landlord to reflect what was clearly missing at the end of the tenancy from the landlord’s photographic evidence and taking into account that the landlord was unable to refute the tenant’s assertion that at least one light bulb was missing at the start 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 tenant responsibly accepted liability for the repair of a window, a hole in a wall, a broken light switch and replacement of some of the carpet.
The tenant disputed the charge for the replacement of seals to a window in the sleepout and an invoice from a plumber for clearing the waste pipe in the laundry.
I accept the landlord’s evidence that the window seals were removed by another occupant of the property during the tenancy and the amount claimed is awarded.
I am not satisfied that the landlord has proven that the build up of “gunk” in the waste pipe was not fair wear and tear. The tenancy was for a period of less than a year and the accumulation may well have started to occur during a previous tenancy. The landlord has not proven this claim on the balance of probabilities and it is dismissed.

Tenancy Tribunal case 4684089 — Property damage at 19C Tennyson Street, Dannevirke, Dannevirke 4930

At a glance

Tenancy Tribunal case 4684089 — Property damage at 19C Tennyson Street, Dannevirke, Dannevirke 4930

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