What was the outcome of Tenancy Tribunal case 4699270?

The tribunal order states: Teresa Aroha Toma must pay Bubble And Squeak Limited $20.33 immediately,

How much money was awarded in case 4699270?

Cleaning: $314.89 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $225.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Walls and Doors: $750.00 awarded to landlord

What type of tenancy dispute was case 4699270?

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

Where can I read the official tribunal order for case 4699270?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9645648-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4699270?

The tribunal order states: Teresa Aroha Toma must pay Bubble And Squeak Limited $20.33 immediately,

How much money was awarded in case 4699270?

Cleaning: $314.89 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $225.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Walls and Doors: $750.00 awarded to landlord

What type of tenancy dispute was case 4699270?

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

Where can I read the official tribunal order for case 4699270?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9645648-Tenancy_Tribunal_Order.pdf.

Unit/Flat A, 15 Elmslie Road, Pinehaven, Upper Hutt 5019 Tenancy Tribunal Case 4699270 — Property damage

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Unit/Flat A, 15 Elmslie Road, Pinehaven, Upper Hutt 5019 Tenancy Tribunal Case 4699270 — 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 4699270 — net $20.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning & stain removal: Professional	$314.89	Carpet Cleaning & stain removal: Professional
Oven replacement - depreciated	$225.00	Oven replacement - depreciated
Bathroom damage – insurance excess	$750.00	Bathroom damage – insurance excess
Repairs to walls and doors insurance excess	$750.00	Repairs to walls and doors insurance excess
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 15 November 2023 _______________________________…
Net award	$20.33
Total payable by Tenant to Landlord	$20.33

Claims and awards for application 4699270 — net $20.33 NZD. Verify on MoJ.

Carpet Cleaning & stain removal: Professional

Amount: $314.89
Awarded to: Landlord
Reason: Carpet Cleaning & stain removal: Professional

Oven replacement - depreciated

Amount: $225.00
Awarded to: Landlord
Reason: Oven replacement - depreciated

Bathroom damage – insurance excess

Amount: $750.00
Awarded to: Landlord
Reason: Bathroom damage – insurance excess

Repairs to walls and doors insurance excess

Amount: $750.00
Awarded to: Landlord
Reason: Repairs to walls and doors insurance excess

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage

Order

Teresa Aroha Toma must pay Bubble And Squeak Limited $20.33 immediately, calculated as shown in table below. DescriptionLandlord Carpet Cleaning & stain removal: Professional$314.89 Oven replacement - depreciated$225.00 Bathroom damage – insurance excess$750.00 Repairs to walls and doors insurance excess$750.00 Filing fee reimbursement$20.44 Total award$2,060.33 Bond$2,040.00 Total payable by Tenant to Landlord$20.33
The Bond Centre is to pay the bond of $2,040.00 (6370597-023) to Bubble And Squeak Limited immediately.

Reasons

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, 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 carpet reasonably clean. The landlord could not remove the stains with a Rug Doctor. A professional could not remove all stains. The carpet clean cost $314.89.

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.
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. the oven door hinges had been deformed by pressure. It was uneconomic to repair and had to be replaced. b. the bath glass screen was not in place. The screen appears to have fallen and made a hole in the bath causing water damage to the vinyl floor. The absence of that glass screen on the bath caused the vanity to be water damaged. c. There are holes in the walls and doors and patched holes requiring repair and painting.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. 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 and their likely useful lifespan.
The tenant is fortunate that the landlord was insured. The cost of repairs to the tenant would have been considerably more than the amount in this order. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.

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 4699270 — net $20.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning & stain removal: Professional	$314.89	Carpet Cleaning & stain removal: Professional
Oven replacement - depreciated	$225.00	Oven replacement - depreciated
Bathroom damage – insurance excess	$750.00	Bathroom damage – insurance excess
Repairs to walls and doors insurance excess	$750.00	Repairs to walls and doors insurance excess
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. B Smallbone 15 November 2023 _______________________________…
Net award	$20.33
Total payable by Tenant to Landlord	$20.33

Claims and awards for application 4699270 — net $20.33 NZD. Verify on MoJ.

Carpet Cleaning & stain removal: Professional

Amount: $314.89
Awarded to: Landlord
Reason: Carpet Cleaning & stain removal: Professional

Oven replacement - depreciated

Amount: $225.00
Awarded to: Landlord
Reason: Oven replacement - depreciated

Bathroom damage – insurance excess

Amount: $750.00
Awarded to: Landlord
Reason: Bathroom damage – insurance excess

Repairs to walls and doors insurance excess

Amount: $750.00
Awarded to: Landlord
Reason: Repairs to walls and doors insurance excess

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage

Order

Teresa Aroha Toma must pay Bubble And Squeak Limited $20.33 immediately, calculated as shown in table below. DescriptionLandlord Carpet Cleaning & stain removal: Professional$314.89 Oven replacement - depreciated$225.00 Bathroom damage – insurance excess$750.00 Repairs to walls and doors insurance excess$750.00 Filing fee reimbursement$20.44 Total award$2,060.33 Bond$2,040.00 Total payable by Tenant to Landlord$20.33
The Bond Centre is to pay the bond of $2,040.00 (6370597-023) to Bubble And Squeak Limited immediately.

Reasons

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, 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 carpet reasonably clean. The landlord could not remove the stains with a Rug Doctor. A professional could not remove all stains. The carpet clean cost $314.89.

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.
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. the oven door hinges had been deformed by pressure. It was uneconomic to repair and had to be replaced. b. the bath glass screen was not in place. The screen appears to have fallen and made a hole in the bath causing water damage to the vinyl floor. The absence of that glass screen on the bath caused the vanity to be water damaged. c. There are holes in the walls and doors and patched holes requiring repair and painting.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. 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 and their likely useful lifespan.
The tenant is fortunate that the landlord was insured. The cost of repairs to the tenant would have been considerably more than the amount in this order. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.

Tenancy Tribunal case 4699270 — Property damage at Unit/Flat A, 15 Elmslie Road, Pinehaven, Upper Hutt 5019

At a glance

Tenancy Tribunal case 4699270 — Property damage at Unit/Flat A, 15 Elmslie Road, Pinehaven, Upper Hutt 5019

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