How much money was awarded in case 4944113?

Cleaning: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $40.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Replace furnishings: replace burnt c…: $781.00 awarded to landlord; Replace Missing Gate Remote: $134.75 awarded to landlord; Rubbish Removal: $45.35 awarded to landlord; Smoke Alarms: $126.38 awarded to landlord; Water Rates: $6.24 awarded to landlord

What type of tenancy dispute was case 4944113?

The primary dispute was Cleanliness. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 4944113?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10980157-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4944113?

Cleaning: $747.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $40.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Replace furnishings: replace burnt c…: $781.00 awarded to landlord; Replace Missing Gate Remote: $134.75 awarded to landlord; Rubbish Removal: $45.35 awarded to landlord; Smoke Alarms: $126.38 awarded to landlord; Water Rates: $6.24 awarded to landlord

What type of tenancy dispute was case 4944113?

The primary dispute was Cleanliness. Related themes: Property damage, Smoke alarms.

Where can I read the official tribunal order for case 4944113?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10980157-Tenancy_Tribunal_Order.pdf.

32 Laurie Avenue, Papakura, Papakura 2110 Tenancy Tribunal Case 4944113 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4944113?

The tribunal order states: Stephanie April Andrews must pay Let's Rent Limited As Agent For Bianca And

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32 Laurie Avenue, Papakura, Papakura 2110 Tenancy Tribunal Case 4944113 — 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 4944113 — net $2,558.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$6.24	Water rates
Rubbish removal	$45.35	Rubbish removal
Replace smoke alarms	$126.38	Replace smoke alarms
Replace missing gate remote	$134.75	Replace missing gate remote
Lock/key replacement	$40.00	Lock/key replacement
Cleaning	$747.50	Cleaning
Repairs: replace burnt carpet (insurance excess only	$650.00	Repairs: replace burnt carpet (insurance excess only
Replace furnishings: replace burnt curtains	$781.00	Replace furnishings: replace burnt curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,558.22
Total payable by Tenant to Landlord	$2,558.22

Claims and awards for application 4944113 — net $2,558.22 NZD. Verify on MoJ.

Water rates

Amount: $6.24
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $45.35
Awarded to: Landlord
Reason: Rubbish removal

Replace smoke alarms

Amount: $126.38
Awarded to: Landlord
Reason: Replace smoke alarms

Replace missing gate remote

Amount: $134.75
Awarded to: Landlord
Reason: Replace missing gate remote

Lock/key replacement

Amount: $40.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Replace Smoke Alarms Water Rates

Order

Stephanie April Andrews must pay Let's Rent Limited As Agent For Bianca And Cameron Mcleod $2,558.22 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 7 June 2024. The landlord provided water rates accounts which prove the amount owing at 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys and gate remote.
The landlord had to replace smoke alarms.
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: carpet and curtains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I consider the damage to the curtains (burnt) to likely intentional whereas the damage to the carpet is negligent or careless.
The tenant's liability for the carpet damage has been limited to the lesser of the insurance excess accordingly.
Only the amounts ordered are proved.
I have also 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.

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 4944113 — net $2,558.22 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$6.24	Water rates
Rubbish removal	$45.35	Rubbish removal
Replace smoke alarms	$126.38	Replace smoke alarms
Replace missing gate remote	$134.75	Replace missing gate remote
Lock/key replacement	$40.00	Lock/key replacement
Cleaning	$747.50	Cleaning
Repairs: replace burnt carpet (insurance excess only	$650.00	Repairs: replace burnt carpet (insurance excess only
Replace furnishings: replace burnt curtains	$781.00	Replace furnishings: replace burnt curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,558.22
Total payable by Tenant to Landlord	$2,558.22

Claims and awards for application 4944113 — net $2,558.22 NZD. Verify on MoJ.

Water rates

Amount: $6.24
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $45.35
Awarded to: Landlord
Reason: Rubbish removal

Replace smoke alarms

Amount: $126.38
Awarded to: Landlord
Reason: Replace smoke alarms

Replace missing gate remote

Amount: $134.75
Awarded to: Landlord
Reason: Replace missing gate remote

Lock/key replacement

Amount: $40.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal Replace Smoke Alarms Water Rates

Order

Stephanie April Andrews must pay Let's Rent Limited As Agent For Bianca And Cameron Mcleod $2,558.22 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing.
The landlord has applied for water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 7 June 2024. The landlord provided water rates accounts which prove the amount owing at 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys and gate remote.
The landlord had to replace smoke alarms.
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: carpet and curtains. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I consider the damage to the curtains (burnt) to likely intentional whereas the damage to the carpet is negligent or careless.
The tenant's liability for the carpet damage has been limited to the lesser of the insurance excess accordingly.
Only the amounts ordered are proved.
I have also 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.

Tenancy Tribunal case 4944113 — Cleanliness at 32 Laurie Avenue, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4944113 — Cleanliness at 32 Laurie Avenue, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

How much is owed for water rates?

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