What was the outcome of Tenancy Tribunal case 4941453?

The tribunal order states: Bond Services is to pay the bond of $2,080.00 to Visions of a Helping Hand

How much money was awarded in case 4941453?

Blocked Sewer: $638.25 awarded to landlord; Cleaning: $140.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Cleaning: $270.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawn Maintenance: $70.00 awarded to landlord; Property Damage: $299.00 awarded to landlord; Property Damage: $690.00 awarded to landlord; Property Damage: $348.54 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Rent Arrears: $302.86 awarded to landlord; Rubbish Removal: $730.00 awarded to landlord

What type of tenancy dispute was case 4941453?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 4941453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10878465-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4941453?

The tribunal order states: Bond Services is to pay the bond of $2,080.00 to Visions of a Helping Hand

How much money was awarded in case 4941453?

Blocked Sewer: $638.25 awarded to landlord; Cleaning: $140.00 awarded to landlord; Cleaning: $150.00 awarded to landlord; Cleaning: $270.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawn Maintenance: $70.00 awarded to landlord; Property Damage: $299.00 awarded to landlord; Property Damage: $690.00 awarded to landlord; Property Damage: $348.54 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $138.00 awarded to landlord; Rent Arrears: $302.86 awarded to landlord; Rubbish Removal: $730.00 awarded to landlord

What type of tenancy dispute was case 4941453?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 4941453?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10878465-Tribunal_Order.pdf.

41A Ford Road, Fordlands, Rotorua 3015 Tenancy Tribunal Case 4941453 — Property damage

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41A Ford Road, Fordlands, Rotorua 3015 Tenancy Tribunal Case 4941453 — 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 4941453. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Key replacements and accessories	$299.00	Key replacements and accessories
Carpet cleaning	$140.00	Carpet cleaning
Curtain cleaning	$150.00	Curtain cleaning
General cleaning and rubbish removal	$730.00	General cleaning and rubbish removal
Lawn maintenance	$70.00	Lawn maintenance
Exterior weatherboard repairs	$690.00	Exterior weatherboard repairs
Electrical repairs	$348.54	Electrical repairs
Insurance excess for carpet replacement	$1,000.00	Insurance excess for carpet replacement
Blocked sewer	$638.25	Blocked sewer
Rent arrears	$302.86	Rent arrears
Interior Cleaning	$270.25	Interior Cleaning
Door repair and paint	$138.00	Door repair and paint
Application filing fee	$27.00	Application filing fee

Claims and awards for application 4941453. Verify on MoJ.

Key replacements and accessories

Amount: $299.00
Awarded to: Landlord
Reason: Key replacements and accessories

Carpet cleaning

Amount: $140.00
Awarded to: Landlord
Reason: Carpet cleaning

Curtain cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Curtain cleaning

General cleaning and rubbish removal

Amount: $730.00
Awarded to: Landlord
Reason: General cleaning and rubbish removal

Lawn maintenance

Amount: $70.00
Awarded to: Landlord
Reason: Lawn maintenance

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Bond Services is to pay the bond of $2,080.00 to Visions of a Helping Hand Charitable Trust immediately.
Sharron Dixon is to pay Visions of a Helping Hand Charitable Trust $2,723.90 immediately, calculated as follows: DescriptionLandlord Key replacements and accessories$299.00 Carpet cleaning$140.00 Curtain cleaning$150.00 General cleaning and rubbish removal$730.00 Lawn maintenance$70.00 Exterior weatherboard repairs$690.00 Electrical repairs$348.54 Insurance excess for carpet replacement$1,000.00 Blocked sewer$638.25 Rent arrears$302.86 Interior Cleaning$270.25 Door repair and paint$138.00 Application filing fee$27.00 Total award$4,803.90 Minus Bond-$2,080.00 Final amount payable by Tenant$2,723.90

Reasons

The Landlord attended the hearing.
The Landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The Landlord has incurred costs to remedy the following damages and cleaning: a. Key replacements and accessories: $299.00 b. Carpet cleaning: $140.00 c. Curtain cleaning: $500.00 d. General cleaning and rubbish removal: $730.00 e. Lawn maintenance: $120.00 f. Exterior weatherboard repairs: $690.00 g. Electrical repairs: $630.84 h. Insurance excess for carpet replacement: $1,000.00 i. Blocked sewer: $638.25

How much is owed for rent?

The tenancy ended on 10 May 2024. The Landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $302.86

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. I have viewed the Landlord’s photographs and considered its oral evidence as to the general condition of the premises at the end of the tenancy, compared with its condition before it was leased.
Carpet cleaning: I approve this claim based on the Landlord’s evidence as to the state of the carpets. The carpet in the lounge required replacement. The Tenant was a hoarder, and the accumulation of Tenant’s belongings and lack of adequate cleaning meant the carpets were soiled and dirty. I award $140.00.
Curtain cleaning: The Landlord has submitted an invoice for curtain cleaning and travel. I accept the curtains were not left in a reasonably clean and tidy condition. They were described as filthy. However, the invoice requires more detail; how many hours were required to complete the cleaning. What products or equipment was used. There is no quantification of travel expenses. It is difficult to establish the actual cost of cleaning. I award $150.00 for curtain cleaning.
General cleaning and rubbish removal: The property was cleared of rubbish, including timber, tyres, and other materials, with disposal and landfill fees totalling $730.00, covering truck, travel, and labour costs. I approve this claim: $730.00
Interior Cleaning: I approve this claim, and award $270.25, having regard to the state of uncleanness and the cleaner’s invoice: Carried out a bond clean plus: Cleaned heat pump filter. Cleaned fly marks off ceilings. Cleaned all window joinery. Bedroom (right side) – cleaned mould off walls Cleaned/removed limescale off shower doors and wiped dome.
Lawn maintenance: With rubbish removed from outside of the property, I award $35.00 for mowing the lawns. I award a further $35.00 for resowing grass. I award $70.00 in total, based on my estimation of time at a $35/hour rate.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 following damage was caused during the tenancy: a. Exterior weatherboard repairs: $690.00 – the Landlords evidence is that the Tenant damaged these. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I approve $690.00. b. Electrical repairs: $630.84 – The electrician explained that tenant hoarding caused poor airflow, degrading electrical conduits, and the total cost for replacing switches, sockets, and labour amounted to $548.54, including materials and regulatory fees. I reduce this to $348.54 considering these components were not new at the commencement of the tenancy. c. Insurance excess for carpet replacement: $1,000.00 – I approve this claim: $1,000.00 – I would have found the damage to be intentional and deliberate given the Tenant’s hoarding. d. Blocked sewer: $638.25 – I approve the full claim - $638.25 - as it is apparent only the Tenant could have blocked the sewer system with clothing and other items. e. Door repair - $138.00 – I approve the full claim having regard to the Landlord’s evidence.
The amounts ordered are proved.
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 landlord’s bond of $2,080.00 is to be refunded, in accordance with section 22B of the Residential Tenancies Act 1986, and applied to the total amount owing. The Tribunal grants the refund of the application fee of $20.44, as per section 102(4) of the Residential Tenancies Act 1986.

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 4941453. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Key replacements and accessories	$299.00	Key replacements and accessories
Carpet cleaning	$140.00	Carpet cleaning
Curtain cleaning	$150.00	Curtain cleaning
General cleaning and rubbish removal	$730.00	General cleaning and rubbish removal
Lawn maintenance	$70.00	Lawn maintenance
Exterior weatherboard repairs	$690.00	Exterior weatherboard repairs
Electrical repairs	$348.54	Electrical repairs
Insurance excess for carpet replacement	$1,000.00	Insurance excess for carpet replacement
Blocked sewer	$638.25	Blocked sewer
Rent arrears	$302.86	Rent arrears
Interior Cleaning	$270.25	Interior Cleaning
Door repair and paint	$138.00	Door repair and paint
Application filing fee	$27.00	Application filing fee

Claims and awards for application 4941453. Verify on MoJ.

Key replacements and accessories

Amount: $299.00
Awarded to: Landlord
Reason: Key replacements and accessories

Carpet cleaning

Amount: $140.00
Awarded to: Landlord
Reason: Carpet cleaning

Curtain cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Curtain cleaning

General cleaning and rubbish removal

Amount: $730.00
Awarded to: Landlord
Reason: General cleaning and rubbish removal

Lawn maintenance

Amount: $70.00
Awarded to: Landlord
Reason: Lawn maintenance

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal

Order

Bond Services is to pay the bond of $2,080.00 to Visions of a Helping Hand Charitable Trust immediately.
Sharron Dixon is to pay Visions of a Helping Hand Charitable Trust $2,723.90 immediately, calculated as follows: DescriptionLandlord Key replacements and accessories$299.00 Carpet cleaning$140.00 Curtain cleaning$150.00 General cleaning and rubbish removal$730.00 Lawn maintenance$70.00 Exterior weatherboard repairs$690.00 Electrical repairs$348.54 Insurance excess for carpet replacement$1,000.00 Blocked sewer$638.25 Rent arrears$302.86 Interior Cleaning$270.25 Door repair and paint$138.00 Application filing fee$27.00 Total award$4,803.90 Minus Bond-$2,080.00 Final amount payable by Tenant$2,723.90

Reasons

The Landlord attended the hearing.
The Landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The Landlord has incurred costs to remedy the following damages and cleaning: a. Key replacements and accessories: $299.00 b. Carpet cleaning: $140.00 c. Curtain cleaning: $500.00 d. General cleaning and rubbish removal: $730.00 e. Lawn maintenance: $120.00 f. Exterior weatherboard repairs: $690.00 g. Electrical repairs: $630.84 h. Insurance excess for carpet replacement: $1,000.00 i. Blocked sewer: $638.25

How much is owed for rent?

The tenancy ended on 10 May 2024. The Landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: $302.86

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. I have viewed the Landlord’s photographs and considered its oral evidence as to the general condition of the premises at the end of the tenancy, compared with its condition before it was leased.
Carpet cleaning: I approve this claim based on the Landlord’s evidence as to the state of the carpets. The carpet in the lounge required replacement. The Tenant was a hoarder, and the accumulation of Tenant’s belongings and lack of adequate cleaning meant the carpets were soiled and dirty. I award $140.00.
Curtain cleaning: The Landlord has submitted an invoice for curtain cleaning and travel. I accept the curtains were not left in a reasonably clean and tidy condition. They were described as filthy. However, the invoice requires more detail; how many hours were required to complete the cleaning. What products or equipment was used. There is no quantification of travel expenses. It is difficult to establish the actual cost of cleaning. I award $150.00 for curtain cleaning.
General cleaning and rubbish removal: The property was cleared of rubbish, including timber, tyres, and other materials, with disposal and landfill fees totalling $730.00, covering truck, travel, and labour costs. I approve this claim: $730.00
Interior Cleaning: I approve this claim, and award $270.25, having regard to the state of uncleanness and the cleaner’s invoice: Carried out a bond clean plus: Cleaned heat pump filter. Cleaned fly marks off ceilings. Cleaned all window joinery. Bedroom (right side) – cleaned mould off walls Cleaned/removed limescale off shower doors and wiped dome.
Lawn maintenance: With rubbish removed from outside of the property, I award $35.00 for mowing the lawns. I award a further $35.00 for resowing grass. I award $70.00 in total, based on my estimation of time at a $35/hour rate.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 following damage was caused during the tenancy: a. Exterior weatherboard repairs: $690.00 – the Landlords evidence is that the Tenant damaged these. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I approve $690.00. b. Electrical repairs: $630.84 – The electrician explained that tenant hoarding caused poor airflow, degrading electrical conduits, and the total cost for replacing switches, sockets, and labour amounted to $548.54, including materials and regulatory fees. I reduce this to $348.54 considering these components were not new at the commencement of the tenancy. c. Insurance excess for carpet replacement: $1,000.00 – I approve this claim: $1,000.00 – I would have found the damage to be intentional and deliberate given the Tenant’s hoarding. d. Blocked sewer: $638.25 – I approve the full claim - $638.25 - as it is apparent only the Tenant could have blocked the sewer system with clothing and other items. e. Door repair - $138.00 – I approve the full claim having regard to the Landlord’s evidence.
The amounts ordered are proved.
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 landlord’s bond of $2,080.00 is to be refunded, in accordance with section 22B of the Residential Tenancies Act 1986, and applied to the total amount owing. The Tribunal grants the refund of the application fee of $20.44, as per section 102(4) of the Residential Tenancies Act 1986.

Tenancy Tribunal case 4941453 — Property damage at 41A Ford Road, Fordlands, Rotorua 3015

At a glance

Tenancy Tribunal case 4941453 — Property damage at 41A Ford Road, Fordlands, Rotorua 3015

At a glance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Claims & awards

Order

Reasons

How much is owed for rent?

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