What was the outcome of Tenancy Tribunal case 5101789?

The tribunal order states: Tamara Greaves must pay Gralin Property Management (Auckland Central)

How much money was awarded in case 5101789?

Cleaning: $632.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $575.00 awarded to landlord; Rubbish Removal: $1,667.50 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 5101789?

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

Where can I read the official tribunal order for case 5101789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11558475-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5101789?

The tribunal order states: Tamara Greaves must pay Gralin Property Management (Auckland Central)

How much money was awarded in case 5101789?

Cleaning: $632.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $575.00 awarded to landlord; Rubbish Removal: $1,667.50 awarded to landlord; Rubbish Removal: $460.00 awarded to landlord

What type of tenancy dispute was case 5101789?

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

Where can I read the official tribunal order for case 5101789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11558475-Tenancy_Tribunal_Order.pdf.

8A Sabot Place, Massey, Auckland 0614 Tenancy Tribunal Case 5101789 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5101789 — net $3,362.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$632.50	Cleaning
Rubbish removal: - labour	$1,667.50	Rubbish removal: - labour
Rubbish removal: - skip bin	$460.00	Rubbish removal: - skip bin
Repairs: - wall damage	$575.00	Repairs: - wall damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,362.00
Total payable by Tenant to Landlord	$3,362.00

The landlord attended the hearing by phone call.

The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.

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. 1

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord provided an ingoing property inspection report and photographs of the inside and outside of the premises at the end of the tenancy in support of the claim. A significant amount of rubbish required removal and it appears that the tenant did not undertake any cleaning at the end of the tenancy. An invoice was provided in support of the claim. The landlord said the cleaning undertaken was not at a professional level and only to a reasonably clean level.

The amounts ordered are proved.

I have made an order for the full amounts claimed.

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. 2

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). 3 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). 4 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5

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 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 2 See sections 40(2)(a), 41 and 49B RTA. 3 See section 49B(3)(a) RTA. 4 See section 49B(3)(b) RTA. 5 See section 49B(3A)(a) RTA. applies to anything the tenant does and anything done by a person they are responsible for. 6

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. 7

The following damage was caused during the tenancy: a. The walls were damaged with children’s drawings. I consider the damage was likely to be intentional and award the full amount for the paint work for the wall repair. An invoice and photographs were provided in support of the claim. I note that the landlord’s insurance excess is $750, therefore the amount ordered is below the statutory maximum for careless damage in any event.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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. The amount ordered is for painting over marks therefore I do not make any deduction for betterment or depreciation. Filing fee

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression

The landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5101789 — net $3,362.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$632.50	Cleaning
Rubbish removal: - labour	$1,667.50	Rubbish removal: - labour
Rubbish removal: - skip bin	$460.00	Rubbish removal: - skip bin
Repairs: - wall damage	$575.00	Repairs: - wall damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,362.00
Total payable by Tenant to Landlord	$3,362.00

Order

Tamara Greaves must pay Gralin Property Management (Auckland Central) Limited As Agent For Cony Trustee Ltd. $3,362.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by phone call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
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. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided an ingoing property inspection report and photographs of the inside and outside of the premises at the end of the tenancy in support of the claim. A significant amount of rubbish required removal and it appears that the tenant did not undertake any cleaning at the end of the tenancy. An invoice was provided in support of the claim. The landlord said the cleaning undertaken was not at a professional level and only to a reasonably clean level.
The amounts ordered are proved.
I have made an order for the full amounts claimed.

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. 2
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). 3 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). 4 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 5
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 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 2 See sections 40(2)(a), 41 and 49B RTA. 3 See section 49B(3)(a) RTA. 4 See section 49B(3)(b) RTA. 5 See section 49B(3A)(a) RTA. applies to anything the tenant does and anything done by a person they are responsible for. 6
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. 7
The following damage was caused during the tenancy: a. The walls were damaged with children’s drawings. I consider the damage was likely to be intentional and award the full amount for the paint work for the wall repair. An invoice and photographs were provided in support of the claim. I note that the landlord’s insurance excess is $750, therefore the amount ordered is below the statutory maximum for careless damage in any event.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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. The amount ordered is for painting over marks therefore I do not make any deduction for betterment or depreciation. Filing fee
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee. Suppression
The landlord did not seek name suppression.

Tenancy Tribunal case 5101789 — Cleanliness at 8A Sabot Place, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5101789 — Cleanliness at 8A Sabot Place, Massey, Auckland 0614

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

Property management

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

Property management

Frequently asked questions