What was the outcome of Tenancy Tribunal case 4699002?

The tribunal order states: Vannah Williams Le Comte to pay Tremain Rentals Rotorua Limited As Agent

How much money was awarded in case 4699002?

Cleaning: $230.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $167.94 awarded to landlord; Replace Carpet Bedroom 1: $480.00 awarded to landlord

What type of tenancy dispute was case 4699002?

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

Where can I read the official tribunal order for case 4699002?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9650005-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4699002?

The tribunal order states: Vannah Williams Le Comte to pay Tremain Rentals Rotorua Limited As Agent

How much money was awarded in case 4699002?

Cleaning: $230.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $167.94 awarded to landlord; Replace Carpet Bedroom 1: $480.00 awarded to landlord

What type of tenancy dispute was case 4699002?

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

Where can I read the official tribunal order for case 4699002?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9650005-Tribunal_Order.pdf.

20A Frank Street, Koutu, Rotorua 3010 Tenancy Tribunal Case 4699002 — Cleanliness

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20A Frank Street, Koutu, Rotorua 3010 Tenancy Tribunal Case 4699002 — 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 4699002 — net $1,498.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$450.00	Cleaning
Carpet Cleaning	$230.00	Carpet Cleaning
Replace carpet bedroom 1	$480.00	Replace carpet bedroom 1
Electrical fittings replacement/repair	$150.00	Electrical fittings replacement/repair
Window repairs	$167.94	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,498.38
Bond	$1,680.00
Total payable by Tenant to Landlord	$1,498.38

Claims and awards for application 4699002 — net $1,498.38 NZD. Verify on MoJ.

Cleaning

Amount: $450.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Carpet Cleaning

Replace carpet bedroom 1

Amount: $480.00
Awarded to: Landlord
Reason: Replace carpet bedroom 1

Electrical fittings replacement/repair

Amount: $150.00
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Window repairs

Amount: $167.94
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

Vannah Williams Le Comte to pay Tremain Rentals Rotorua Limited As Agent For Brent Donaldson $1,498.38 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,680.00 (3244155-007) immediately apportioned as follows: Tremain Rentals Rotorua Limited As Agent For Brent Donaldson: $1,498.38 Vannah Williams Le Comte: $181.62

Reasons

Only the landlord attended 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, 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 tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The heat pump remote was damaged and need to be replaced.
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.
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: two windows were broken and the carpets in one bedroom so badly stained the carpet cleaning carpet was unable to remove the stains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation when assessing compensation for the carpet replacement. 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 carpet at the start of the tenancy and its likely useful lifespan.

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 4699002 — net $1,498.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$450.00	Cleaning
Carpet Cleaning	$230.00	Carpet Cleaning
Replace carpet bedroom 1	$480.00	Replace carpet bedroom 1
Electrical fittings replacement/repair	$150.00	Electrical fittings replacement/repair
Window repairs	$167.94	Window repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,498.38
Bond	$1,680.00
Total payable by Tenant to Landlord	$1,498.38

Claims and awards for application 4699002 — net $1,498.38 NZD. Verify on MoJ.

Cleaning

Amount: $450.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $230.00
Awarded to: Landlord
Reason: Carpet Cleaning

Replace carpet bedroom 1

Amount: $480.00
Awarded to: Landlord
Reason: Replace carpet bedroom 1

Electrical fittings replacement/repair

Amount: $150.00
Awarded to: Landlord
Reason: Electrical fittings replacement/repair

Window repairs

Amount: $167.94
Awarded to: Landlord
Reason: Window repairs

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

Vannah Williams Le Comte to pay Tremain Rentals Rotorua Limited As Agent For Brent Donaldson $1,498.38 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,680.00 (3244155-007) immediately apportioned as follows: Tremain Rentals Rotorua Limited As Agent For Brent Donaldson: $1,498.38 Vannah Williams Le Comte: $181.62

Reasons

Only the landlord attended 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, 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 tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The heat pump remote was damaged and need to be replaced.
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.
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: two windows were broken and the carpets in one bedroom so badly stained the carpet cleaning carpet was unable to remove the stains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation when assessing compensation for the carpet replacement. 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 carpet at the start of the tenancy and its likely useful lifespan.

Tenancy Tribunal case 4699002 — Cleanliness at 20A Frank Street, Koutu, Rotorua 3010

At a glance

Tenancy Tribunal case 4699002 — Cleanliness at 20A Frank Street, Koutu, Rotorua 3010

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