What was the outcome of Tenancy Tribunal case 5086929?

The tribunal order states: Drucilla Salesa must pay Emerge Aotearoa Housing Trust $1,131.98

How much money was awarded in case 5086929?

Cleaning: $201.25 awarded to landlord; Cleaning: $828.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $135.13 awarded to landlord; Property Damage: $218.21 awarded to landlord; Rent Credit: $211.61 awarded to tenant; Carpet - Burns: $391.00 awarded to landlord; Shower Flexi Hose: $179.00 awarded to landlord

What type of tenancy dispute was case 5086929?

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

Where can I read the official tribunal order for case 5086929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11776277-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5086929?

The tribunal order states: Drucilla Salesa must pay Emerge Aotearoa Housing Trust $1,131.98

How much money was awarded in case 5086929?

Cleaning: $201.25 awarded to landlord; Cleaning: $828.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $135.13 awarded to landlord; Property Damage: $218.21 awarded to landlord; Rent Credit: $211.61 awarded to tenant; Carpet - Burns: $391.00 awarded to landlord; Shower Flexi Hose: $179.00 awarded to landlord

What type of tenancy dispute was case 5086929?

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

Where can I read the official tribunal order for case 5086929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11776277-Tenancy_Tribunal_Order.pdf.

184 Earn Street, Appleby, Invercargill 9812 Tenancy Tribunal Case 5086929 — Cleanliness

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184 Earn Street, Appleby, Invercargill 9812 Tenancy Tribunal Case 5086929 — 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 5086929 — net $1,131.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$828.00		Cleaning
Carpet Cleaning	$201.25		Carpet Cleaning
Repairs – blinds, and general	$135.13		Repairs – blinds, and general
Repairs: shower flexi hose	$179.00		Repairs: shower flexi hose
Repairs: carpet - burns	$391.00		Repairs: carpet - burns
Repairs – downstairs appliances	$218.21		Repairs – downstairs appliances
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent credit to 24 October 2024		$211.61	Rent credit to 24 October 2024
Total award	$1,979.59	$211.61
Net award	$1,131.98
Total payable by Tenant to Landlord	$1,131.98

Claims and awards for application 5086929 — net $1,131.98 NZD. Verify on MoJ.

Cleaning

Amount: $828.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $201.25
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs – blinds, and general

Amount: $135.13
Awarded to: Landlord
Reason: Repairs – blinds, and general

Repairs: shower flexi hose

Amount: $179.00
Awarded to: Landlord
Reason: Repairs: shower flexi hose

Repairs: carpet - burns

Amount: $391.00
Awarded to: Landlord
Reason: Repairs: carpet - burns

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

Drucilla Salesa must pay Emerge Aotearoa Housing Trust $1,131.98 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $636.00 (6537906-011) to Emerge Aotearoa Housing Trust immediately.

Reasons

The hearing was conducted remotely on Microsoft Teams.
Paula New and Andrea Winder attended the hearing for the landlord.
The tenant did not attend. The hearing proceeded in their absence.
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 leave the premises reasonably clean?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy. 1
The tenant did not leave the premises reasonably clean and tidy.
The landlord had to pay a cleaner for general cleaning and carpet cleaning.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

During the tenancy, the kitchen blinds and lounge curtains were damaged, the carpets suffered cigarette burns, a clothesline attachment was displaced, several doorstops were broken, the shower’s flexi hose was pierced, the toilet roll holder was pulled away, an external door frame was damaged, the landlord’s neighbouring downstairs unit’s appliances were damaged by water that leaked from the tenant’s bathroom flooding .
The owner of the premises was insured, but the insurance excess was $2,500.00, so it was not economic to claim insurance cover for the damage.
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. 2
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. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii) 2 RTA, s 49B(1).
The damage was more than fair wear and tear.
The tenant has not proved 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. 3
The amounts ordered are proved. Filing fee
The tenant must reimburse the landlord for the filing fee. Bond
The bond is to be paid to the landlord in part-payment of the tenant’s debt.

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 5086929 — net $1,131.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$828.00		Cleaning
Carpet Cleaning	$201.25		Carpet Cleaning
Repairs – blinds, and general	$135.13		Repairs – blinds, and general
Repairs: shower flexi hose	$179.00		Repairs: shower flexi hose
Repairs: carpet - burns	$391.00		Repairs: carpet - burns
Repairs – downstairs appliances	$218.21		Repairs – downstairs appliances
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent credit to 24 October 2024		$211.61	Rent credit to 24 October 2024
Total award	$1,979.59	$211.61
Net award	$1,131.98
Total payable by Tenant to Landlord	$1,131.98

Claims and awards for application 5086929 — net $1,131.98 NZD. Verify on MoJ.

Cleaning

Amount: $828.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $201.25
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs – blinds, and general

Amount: $135.13
Awarded to: Landlord
Reason: Repairs – blinds, and general

Repairs: shower flexi hose

Amount: $179.00
Awarded to: Landlord
Reason: Repairs: shower flexi hose

Repairs: carpet - burns

Amount: $391.00
Awarded to: Landlord
Reason: Repairs: carpet - burns

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

Drucilla Salesa must pay Emerge Aotearoa Housing Trust $1,131.98 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $636.00 (6537906-011) to Emerge Aotearoa Housing Trust immediately.

Reasons

The hearing was conducted remotely on Microsoft Teams.
Paula New and Andrea Winder attended the hearing for the landlord.
The tenant did not attend. The hearing proceeded in their absence.
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 leave the premises reasonably clean?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy. 1
The tenant did not leave the premises reasonably clean and tidy.
The landlord had to pay a cleaner for general cleaning and carpet cleaning.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

During the tenancy, the kitchen blinds and lounge curtains were damaged, the carpets suffered cigarette burns, a clothesline attachment was displaced, several doorstops were broken, the shower’s flexi hose was pierced, the toilet roll holder was pulled away, an external door frame was damaged, the landlord’s neighbouring downstairs unit’s appliances were damaged by water that leaked from the tenant’s bathroom flooding .
The owner of the premises was insured, but the insurance excess was $2,500.00, so it was not economic to claim insurance cover for the damage.
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. 2
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. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii) 2 RTA, s 49B(1).
The damage was more than fair wear and tear.
The tenant has not proved 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. 3
The amounts ordered are proved. Filing fee
The tenant must reimburse the landlord for the filing fee. Bond
The bond is to be paid to the landlord in part-payment of the tenant’s debt.

Tenancy Tribunal case 5086929 — Cleanliness at 184 Earn Street, Appleby, Invercargill 9812

At a glance

Tenancy Tribunal case 5086929 — Cleanliness at 184 Earn Street, Appleby, Invercargill 9812

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant leave the premises reasonably clean?

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 leave the premises reasonably clean?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions