What was the outcome of Tenancy Tribunal case 5378079?

The tribunal order states: Elise Manawatu-Williams must pay Jack Shepherd & Natasha Harris

How much money was awarded in case 5378079?

Cleaning: $231.02 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Carpet & Flooring - 7 Excesses: $7,000.00 awarded to landlord; Holes In Walls & Doors: $2,717.00 awarded to landlord; Toilet Seat: $21.93 awarded to landlord; Vanity: $200.00 awarded to landlord; Replace Furnishings: Curtains: $559.75 awarded to landlord

What type of tenancy dispute was case 5378079?

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

Where can I read the official tribunal order for case 5378079?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13151140-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5378079?

The tribunal order states: Elise Manawatu-Williams must pay Jack Shepherd & Natasha Harris

How much money was awarded in case 5378079?

Cleaning: $231.02 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Carpet & Flooring - 7 Excesses: $7,000.00 awarded to landlord; Holes In Walls & Doors: $2,717.00 awarded to landlord; Toilet Seat: $21.93 awarded to landlord; Vanity: $200.00 awarded to landlord; Replace Furnishings: Curtains: $559.75 awarded to landlord

What type of tenancy dispute was case 5378079?

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

Where can I read the official tribunal order for case 5378079?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13151140-Tenancy_Tribunal_Order.pdf.

60 Torquay Street, Kaikoura 7300 Tenancy Tribunal Case 5378079 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5378079 — net $10,757.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Carpet & Flooring - 7 excesses	$7,000.00	Repairs: Carpet & Flooring - 7 excesses
Repairs: Holes in walls & doors	$2,717.00	Repairs: Holes in walls & doors
Repairs: Toilet Seat	$21.93	Repairs: Toilet Seat
Repairs: Vanity	$200.00	Repairs: Vanity
Cleaning: Products	$231.02	Cleaning: Products
Replace furnishings: Curtains	$559.75	Replace furnishings: Curtains
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$10,757.70
Total payable by Tenant to Landlord	$10,757.70

Elise Manawatu-Williams must pay Jack Shepherd & Natasha Harris $10,757.70 immediately, calculated as shown in table below. DescriptionLandlord Repairs: Carpet & Flooring - 7 excesses$7,000.00 Repairs: Holes in walls & doors$2,717.00 Repairs: Toilet Seat$21.93 Repairs: Vanity$200.00 Cleaning: Products$231.02 Replace furnishings: Curtains$559.75 Filing fee reimbursement$28.00 Total award$10,757.70 Total payable by Tenant to Landlord$10,757.70

Reasons

The landlords attended the hearing by video.

The tenant did not join the hearing by the video link provided in the Notice of Hearing and did not dial into the hearing on the numbers provided in the Notice of Hearing. I am satisfied that the tenant was served in accordance with s91A(2)(e) Residential Tenancies Act 1986 (RTA) and that it was appropriate to proceed with the hearing,

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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) RTA.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord has only claimed the cost of cleaning products. I am satisfied that the actual cost of cleaning and rubbish removal would be significantly more than the landlord has claimed. I award the cost of the cleaning products.

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.

The following damage was caused during the tenancy: carpet and laminate flooring destroyed, curtains ripped, holes in walls, vanity damaged, toilet seat removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided photographs, quotes, receipts and evidence of its insurance settlement. I have awarded the 7 excesses paid by the landlord for flooring damage. I have awarded the replacement cost of the curtains and toilet seat. I consider that the wall damage (large holes – impact damage) to be intentional and have awarded the plastering costs and paint materials cost (as per invoice provided). The vanity has not been replaced, so I award a contribution of $200 for loss of amenity and loss of aesthetic value.

As the landlord was successful, I have also awarded reimbursement of the tribunal application fee.

Claims and awards in Tenancy Tribunal application 5378079 — net $10,757.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Carpet & Flooring - 7 excesses	$7,000.00	Repairs: Carpet & Flooring - 7 excesses
Repairs: Holes in walls & doors	$2,717.00	Repairs: Holes in walls & doors
Repairs: Toilet Seat	$21.93	Repairs: Toilet Seat
Repairs: Vanity	$200.00	Repairs: Vanity
Cleaning: Products	$231.02	Cleaning: Products
Replace furnishings: Curtains	$559.75	Replace furnishings: Curtains
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$10,757.70
Total payable by Tenant to Landlord	$10,757.70

Order

Elise Manawatu-Williams must pay Jack Shepherd & Natasha Harris $10,757.70 immediately, calculated as shown in table below. DescriptionLandlord Repairs: Carpet & Flooring - 7 excesses$7,000.00 Repairs: Holes in walls & doors$2,717.00 Repairs: Toilet Seat$21.93 Repairs: Vanity$200.00 Cleaning: Products$231.02 Replace furnishings: Curtains$559.75 Filing fee reimbursement$28.00 Total award$10,757.70 Total payable by Tenant to Landlord$10,757.70

Reasons

The landlords attended the hearing by video.
The tenant did not join the hearing by the video link provided in the Notice of Hearing and did not dial into the hearing on the numbers provided in the Notice of Hearing. I am satisfied that the tenant was served in accordance with s91A(2)(e) Residential Tenancies Act 1986 (RTA) and that it was appropriate to proceed with the hearing,
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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) RTA.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord has only claimed the cost of cleaning products. I am satisfied that the actual cost of cleaning and rubbish removal would be significantly more than the landlord has claimed. I award the cost of the cleaning products.

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.
The following damage was caused during the tenancy: carpet and laminate flooring destroyed, curtains ripped, holes in walls, vanity damaged, toilet seat removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided photographs, quotes, receipts and evidence of its insurance settlement. I have awarded the 7 excesses paid by the landlord for flooring damage. I have awarded the replacement cost of the curtains and toilet seat. I consider that the wall damage (large holes – impact damage) to be intentional and have awarded the plastering costs and paint materials cost (as per invoice provided). The vanity has not been replaced, so I award a contribution of $200 for loss of amenity and loss of aesthetic value.
As the landlord was successful, I have also awarded reimbursement of the tribunal application fee.

Tenancy Tribunal case 5378079 — Property damage at 60 Torquay Street, Kaikoura 7300

At a glance

Tenancy Tribunal case 5378079 — Property damage at 60 Torquay Street, Kaikoura 7300

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

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

Frequently asked questions