What was the outcome of Tenancy Tribunal case 4841041?

The tribunal order states: Rebecca Ann Carroll (also known as Mead) and Jaden Clay Mead must pay

How much money was awarded in case 4841041?

Cleaning: $180.00 awarded to landlord; Cleaning: $550.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Bedroom Door: $250.00 awarded to landlord; Carpet: $160.00 awarded to landlord; Rubbish Removal: $1,095.00 awarded to landlord

What type of tenancy dispute was case 4841041?

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

Where can I read the official tribunal order for case 4841041?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10412870-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4841041?

The tribunal order states: Rebecca Ann Carroll (also known as Mead) and Jaden Clay Mead must pay

How much money was awarded in case 4841041?

Cleaning: $180.00 awarded to landlord; Cleaning: $550.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Bedroom Door: $250.00 awarded to landlord; Carpet: $160.00 awarded to landlord; Rubbish Removal: $1,095.00 awarded to landlord

What type of tenancy dispute was case 4841041?

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

Where can I read the official tribunal order for case 4841041?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10412870-Tenancy_Tribunal_Order.pdf.

15 Batt Street, West End, Palmerston North 4410 Tenancy Tribunal Case 4841041 — Cleanliness

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

15 Batt Street, West End, Palmerston North 4410 Tenancy Tribunal Case 4841041 — 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 4841041 — net $2,255.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$550.00	Cleaning
Rubbish removal	$1,095.00	Rubbish removal
Carpet Cleaning	$180.00	Carpet Cleaning
Repairs: bedroom door	$250.00	Repairs: bedroom door
Repairs: carpet	$160.00	Repairs: carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,255.44
Total payable by Tenant to Landlord	$2,255.44

Claims and awards for application 4841041 — net $2,255.44 NZD. Verify on MoJ.

Cleaning

Amount: $550.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,095.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: bedroom door

Amount: $250.00
Awarded to: Landlord
Reason: Repairs: bedroom door

Repairs: carpet

Amount: $160.00
Awarded to: Landlord
Reason: Repairs: carpet

Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Rebecca Ann Carroll (also known as Mead) and Jaden Clay Mead must pay Peggy Johnston $2,255.44 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$550.00 Rubbish removal$1,095.00 Carpet Cleaning$180.00 Repairs: bedroom door$250.00 Repairs: carpet$160.00 Filing fee reimbursement$20.44 Total award$2,255.44 Total payable by Tenant to Landlord$2,255.44

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for compensation 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 remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appeared from the evidence that the tenant had taken what they required and left anything else without making any attempt to clean the property. The carpets required cleaning as they were soiled with animal faeces.
The landlord provided quotations for the work carried out together with an estimate of the time she spent undertaking the tasks.
The amounts ordered are proved and are commensurate with costs which the Tribunal regularly sees for work of this kind.

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 a door was damaged and a section of carpet had an area cut out of it. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage by its nature was intentional.
The landlord provided quotations for having the work completed which are modest and in line with other invoices the Tribunal sees for similar work.
The amounts ordered are proved.
I have considered betterment and depreciation. The sums awarded are based on repair rather than replacement and so neither betterment nor depreciation are applicable.
Because Peggy Johnston 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 4841041 — net $2,255.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$550.00	Cleaning
Rubbish removal	$1,095.00	Rubbish removal
Carpet Cleaning	$180.00	Carpet Cleaning
Repairs: bedroom door	$250.00	Repairs: bedroom door
Repairs: carpet	$160.00	Repairs: carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,255.44
Total payable by Tenant to Landlord	$2,255.44

Claims and awards for application 4841041 — net $2,255.44 NZD. Verify on MoJ.

Cleaning

Amount: $550.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $1,095.00
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $180.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs: bedroom door

Amount: $250.00
Awarded to: Landlord
Reason: Repairs: bedroom door

Repairs: carpet

Amount: $160.00
Awarded to: Landlord
Reason: Repairs: carpet

Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Rebecca Ann Carroll (also known as Mead) and Jaden Clay Mead must pay Peggy Johnston $2,255.44 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$550.00 Rubbish removal$1,095.00 Carpet Cleaning$180.00 Repairs: bedroom door$250.00 Repairs: carpet$160.00 Filing fee reimbursement$20.44 Total award$2,255.44 Total payable by Tenant to Landlord$2,255.44

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing.
The landlord has applied for compensation 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 remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It appeared from the evidence that the tenant had taken what they required and left anything else without making any attempt to clean the property. The carpets required cleaning as they were soiled with animal faeces.
The landlord provided quotations for the work carried out together with an estimate of the time she spent undertaking the tasks.
The amounts ordered are proved and are commensurate with costs which the Tribunal regularly sees for work of this kind.

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 a door was damaged and a section of carpet had an area cut out of it. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage by its nature was intentional.
The landlord provided quotations for having the work completed which are modest and in line with other invoices the Tribunal sees for similar work.
The amounts ordered are proved.
I have considered betterment and depreciation. The sums awarded are based on repair rather than replacement and so neither betterment nor depreciation are applicable.
Because Peggy Johnston has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4841041 — Cleanliness at 15 Batt Street, West End, Palmerston North 4410

At a glance

Tenancy Tribunal case 4841041 — Cleanliness at 15 Batt Street, West End, Palmerston North 4410

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

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

Frequently asked questions