How much money was awarded in case 4976785?

Property Damage: $1,200.00 awarded to tenant; Power Rates: $177.83 awarded to landlord; Property Damage: $46.78 awarded to landlord; Property Damage: $167.31 awarded to landlord; Reimbursement Of Healthy Homes Repor…: $239.00 awarded to tenant; bed base (by appropriate staining ra…: $500.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Painting Of Walls (Less Depreciation: $1,500.00 awarded to landlord; Replace furnishings: cushions (less…: $800.00 awarded to landlord

What type of tenancy dispute was case 4976785?

The primary dispute was Exemplary damages. Related themes: Healthy homes.

Where can I read the official tribunal order for case 4976785?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10796552-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4976785?

Property Damage: $1,200.00 awarded to tenant; Power Rates: $177.83 awarded to landlord; Property Damage: $46.78 awarded to landlord; Property Damage: $167.31 awarded to landlord; Reimbursement Of Healthy Homes Repor…: $239.00 awarded to tenant; bed base (by appropriate staining ra…: $500.00 awarded to landlord; Property Damage: $1,200.00 awarded to landlord; Painting Of Walls (Less Depreciation: $1,500.00 awarded to landlord; Replace furnishings: cushions (less…: $800.00 awarded to landlord

What type of tenancy dispute was case 4976785?

The primary dispute was Exemplary damages. Related themes: Healthy homes.

Where can I read the official tribunal order for case 4976785?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10796552-Tenancy_Tribunal_Order.pdf.

433 Peninsula Road, Kelvin Heights, Queenstown 9300 Tenancy Tribunal Case 4976785 — Exemplary damages

Q: What was the outcome of Tenancy Tribunal case 4976785?

The tribunal order states: Michelle Natalie Griggs must pay Stewart Mitchell and Kate Fairmaid $647.08

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433 Peninsula Road, Kelvin Heights, Queenstown 9300 Tenancy Tribunal Case 4976785 — Exemplary damages | 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 4976785 — net $647.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Power rates	$177.83		Power rates
TV remote replacement	$46.78		TV remote replacement
Repairs: painting of walls (less depreciation	$1,500.00		Repairs: painting of walls (less depreciation
Replacement internal fridge bins	$167.31		Replacement internal fridge bins
Replace furnishings: cushions (less depreciation	$800.00		Replace furnishings: cushions (less depreciation
Repairs: benchtop repairs (insurance excess only	$1,200.00		Repairs: benchtop repairs (insurance excess only
Repairs: bed base (by appropriate staining rather than	$500.00		Repairs: bed base (by appropriate staining rather than
Exemplary damages: non lodgment of bond		$1,200.00	non lodgment of bond
Reimbursement of healthy homes report		$239.00	Reimbursement of healthy homes report
Return of bond (unlodged		$3,600.00	Return of bond (unlodged
Total award	$4,391.92	$5,039.00
Net award		$647.08
Total payable by Landlord to Tenant		$647.08

Claims and awards for application 4976785 — net $647.08 NZD. Verify on MoJ.

Power rates

Amount: $177.83
Awarded to: Landlord
Reason: Power rates

TV remote replacement

Amount: $46.78
Awarded to: Landlord
Reason: TV remote replacement

Repairs: painting of walls (less depreciation

Amount: $1,500.00
Awarded to: Landlord
Reason: Repairs: painting of walls (less depreciation

Replacement internal fridge bins

Amount: $167.31
Awarded to: Landlord
Reason: Replacement internal fridge bins

Replace furnishings: cushions (less depreciation

Amount: $800.00
Awarded to: Landlord
Reason: Replace furnishings: cushions (less depreciation

Claim types — money lines allowed on this order

Exemplary damages Property damage

Order

Michelle Natalie Griggs must pay Stewart Mitchell and Kate Fairmaid $647.08 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for power rates, compensation and retention of the bond following the end of the tenancy.
The tenant has applied for the return of the bond, reimbursement of the costs of a healthy homes report and exemplary damages for non lodgment of the bond.

How much is owed for power rates?

The tenancy ended on 1 August 2024. The landlord provided power rates records 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 (‘RTA’).
The tenant did not return the TV remote control.
While two rugs were removed/disposed off by the tenant, I am satisfied that they did so with the landlord’s consent as they were “stuffed” and at the end of their lifespan.
The landlord’s claim for garden and hedge maintenance work fails because such work is the responsibility of the landlord. Pursuant to section 11 RTA, the tenant cannot be called upon to relinquish their rights and powers conferred to tenants under the RTA.
Only 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.
The following damage was caused during the tenancy: walls, internal fridge bins, cushions, benchtop, and bed base. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved. The tenant's liability in respect of benchtop repairs is limited to the lesser of the insurance excess of $1,200.00.
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 remainder of the landlord’s claims for compensation have not been proved. I consider them fair wear and tear.

Has the landlord lodged the bond?

Stewart Mitchell and Kate Fairmaid claim the landlord has not lodged the bond with the Bond Centre within the required time.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
The landlord failed to lodge the bond. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
While the landlord had COVID at the start of the tenancy when the bond was paid to here, the landlord failed to lodge the bond during the entire period of the tenancy. To date, the bond is still kept by the landlord. I do not accept that the landlord had a good reason not to lodge the bond. Having regard to the above factors, I find it just to award exemplary damages of $1,200.00 in favour of the tenant for the landlord’s failure to lodge the bond.
The tenant is also entitled to be reimbursed the healthy homes report commissioned at the start of the tenancy as this is a landlord’s responsibility to provide rather than the tenant.
The bond held by the landlord is to be disbursed as set out in the table above.

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 4976785 — net $647.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Power rates	$177.83		Power rates
TV remote replacement	$46.78		TV remote replacement
Repairs: painting of walls (less depreciation	$1,500.00		Repairs: painting of walls (less depreciation
Replacement internal fridge bins	$167.31		Replacement internal fridge bins
Replace furnishings: cushions (less depreciation	$800.00		Replace furnishings: cushions (less depreciation
Repairs: benchtop repairs (insurance excess only	$1,200.00		Repairs: benchtop repairs (insurance excess only
Repairs: bed base (by appropriate staining rather than	$500.00		Repairs: bed base (by appropriate staining rather than
Exemplary damages: non lodgment of bond		$1,200.00	non lodgment of bond
Reimbursement of healthy homes report		$239.00	Reimbursement of healthy homes report
Return of bond (unlodged		$3,600.00	Return of bond (unlodged
Total award	$4,391.92	$5,039.00
Net award		$647.08
Total payable by Landlord to Tenant		$647.08

Claims and awards for application 4976785 — net $647.08 NZD. Verify on MoJ.

Power rates

Amount: $177.83
Awarded to: Landlord
Reason: Power rates

TV remote replacement

Amount: $46.78
Awarded to: Landlord
Reason: TV remote replacement

Repairs: painting of walls (less depreciation

Amount: $1,500.00
Awarded to: Landlord
Reason: Repairs: painting of walls (less depreciation

Replacement internal fridge bins

Amount: $167.31
Awarded to: Landlord
Reason: Replacement internal fridge bins

Replace furnishings: cushions (less depreciation

Amount: $800.00
Awarded to: Landlord
Reason: Replace furnishings: cushions (less depreciation

Claim types — money lines allowed on this order

Exemplary damages Property damage

Order

Michelle Natalie Griggs must pay Stewart Mitchell and Kate Fairmaid $647.08 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for power rates, compensation and retention of the bond following the end of the tenancy.
The tenant has applied for the return of the bond, reimbursement of the costs of a healthy homes report and exemplary damages for non lodgment of the bond.

How much is owed for power rates?

The tenancy ended on 1 August 2024. The landlord provided power rates records 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 (‘RTA’).
The tenant did not return the TV remote control.
While two rugs were removed/disposed off by the tenant, I am satisfied that they did so with the landlord’s consent as they were “stuffed” and at the end of their lifespan.
The landlord’s claim for garden and hedge maintenance work fails because such work is the responsibility of the landlord. Pursuant to section 11 RTA, the tenant cannot be called upon to relinquish their rights and powers conferred to tenants under the RTA.
Only 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.
The following damage was caused during the tenancy: walls, internal fridge bins, cushions, benchtop, and bed base. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Only the amounts ordered are proved. The tenant's liability in respect of benchtop repairs is limited to the lesser of the insurance excess of $1,200.00.
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 remainder of the landlord’s claims for compensation have not been proved. I consider them fair wear and tear.

Has the landlord lodged the bond?

Stewart Mitchell and Kate Fairmaid claim the landlord has not lodged the bond with the Bond Centre within the required time.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
The landlord failed to lodge the bond. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
While the landlord had COVID at the start of the tenancy when the bond was paid to here, the landlord failed to lodge the bond during the entire period of the tenancy. To date, the bond is still kept by the landlord. I do not accept that the landlord had a good reason not to lodge the bond. Having regard to the above factors, I find it just to award exemplary damages of $1,200.00 in favour of the tenant for the landlord’s failure to lodge the bond.
The tenant is also entitled to be reimbursed the healthy homes report commissioned at the start of the tenancy as this is a landlord’s responsibility to provide rather than the tenant.
The bond held by the landlord is to be disbursed as set out in the table above.

Tenancy Tribunal case 4976785 — Exemplary damages at 433 Peninsula Road, Kelvin Heights, Queenstown 9300

At a glance

Tenancy Tribunal case 4976785 — Exemplary damages at 433 Peninsula Road, Kelvin Heights, Queenstown 9300

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for power rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Has the landlord lodged the bond?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for power rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Has the landlord lodged the bond?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions