What was Tenancy Tribunal case 4355921 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4355921?

Cleaning: $2,355.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Flea Treatment: $120.00 awarded to landlord; Previous Order Application 4330800 D…: $105.44 awarded to landlord; Property Damage: $215.70 awarded to landlord; Rent Arrears: $1,065.00 awarded to landlord; Property Damage: $3,500.00 awarded to landlord; Replace Garage Remote: $160.00 awarded to landlord; Smoke Alarms: $73.10 awarded to landlord

What type of tenancy dispute was case 4355921?

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

Where can I read the official tribunal order for case 4355921?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8286224-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4355921 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4355921?

Cleaning: $2,355.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Flea Treatment: $120.00 awarded to landlord; Previous Order Application 4330800 D…: $105.44 awarded to landlord; Property Damage: $215.70 awarded to landlord; Rent Arrears: $1,065.00 awarded to landlord; Property Damage: $3,500.00 awarded to landlord; Replace Garage Remote: $160.00 awarded to landlord; Smoke Alarms: $73.10 awarded to landlord

What type of tenancy dispute was case 4355921?

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

Where can I read the official tribunal order for case 4355921?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8286224-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4355921 — Property damage

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New Zealand Tenancy Tribunal Case 4355921 — Property damage | 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 4355921 — net $7,614.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,065.00	Rent arrears
Previous order application 4330800 dated 07/04/2022	$105.44	Previous order application 4330800 dated 07/04/2022
Flea treatment	$120.00	Flea treatment
Cleaning and dump fees	$2,355.00	Cleaning and dump fees
Replace smoke alarms	$73.10	Replace smoke alarms
Replace garage remote	$160.00	Replace garage remote
Lock/key replacement	$215.70	Lock/key replacement
Replace furnishings: Carpet replacement	$3,500.00	Replace furnishings: Carpet replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,614.68
Total payable by Tenant to Landlord	$7,614.68

Claims and awards for application 4355921 — net $7,614.68 NZD. Verify on MoJ.

Rent arrears

Amount: $1,065.00
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4330800 dated 07/04/2022

Amount: $105.44
Awarded to: Landlord
Reason: Previous order application 4330800 dated 07/04/2022

Flea treatment

Amount: $120.00
Awarded to: Landlord
Reason: Flea treatment

Cleaning and dump fees

Amount: $2,355.00
Awarded to: Landlord
Reason: Cleaning and dump fees

Replace smoke alarms

Amount: $73.10
Awarded to: Landlord
Reason: Replace smoke alarms

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Replace Smoke Alarms

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Dylan Kerr must pay [The landlord/s] $7,614.68 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 7 April 2022 under application 4330800.

Reasons

The landlord attended this remote teleconference hearing. Telephone calls to the tenant on the number provided could not be connected.
The landlord application was made more than 2 months after the end of the tenancy ( see s.91A Residential Tenancies Act 1986 (“RTA”)).
The landlord provided evidence that the tenant’s mother’s address was shown on the tenancy agreement as an alternative address. Telephone calls by the landlord to the tenant’s brother confirmed that the tenant was a regular visitor to the mother’s address. I am satisfied that notice of the hearing has been brought to the tenant’s attention. I dispense with the requirement for further service and proceed as if notice had been served on the tenant in accordance with the RTA ( see s.91B(2)(c) RTA).
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 20 April 2022. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,065.00.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant left the premises in a very poor state. The invoice from the commercial cleaners refer to them being “ultra filthy”. It appeared that the tenant kept his 2 dogs and cats inside for lengthy period.
The premises had to be treated for fleas before any work could be carried out as the property manager and contractors were bitten when they first arrived.
Invoices were provided for; Flea treatment$120.00 Cleaning and dump fees$2,355.00
The tenant did not return all the keys. An invoice for $215.70 was provided.
The following chattels were missing at the end of the tenancy: Smoke alarm and garage remote. Invoices were provided for $73.10 and
00.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA. There was no insurance policy cover for the damage to the carpet.
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.
Damage was caused to the carpet during the tenancy. The contractor said that the carpet was so badly stained with pet urine that it could not be cleaned. The urine had soaked through the carpet to the underlay in many areas of the house. In light of the advice received, I consider the landlord’s decision to replace the carpet was reasonable. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I consider that the damage caused must be considered intentional damage. I reach that view given the fact that the underlay was reported to be damaged and the issue was not isolated to one area of the premises.
The landlord should be returned to the position that they would have been in had the tenant not breached their obligations to the landlord. This means that the landlord cannot receive compensation that would put them in a better position. In calculating deprecation, I have been guided by the IRD depreciation guidelines. The rental property depreciation guide indicates that the estimated life of a carpet in a rental property is 8 years. I have taken that into account and the indication from the landlord that the carpet was in good condition for its age at the start of the tenancy, in fixing the claim for carpet replacement at $3,500.00.
The amount ordered is proven.
On 7 April 2022 the Tribunal made an order relating to this tenancy. The previous order is incorporated into this order for enforcement purposes.
As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord seeks name suppression. As the landlord has wholly succeeded with the claim, I order suppression of their name and details.

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 4355921 — net $7,614.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,065.00	Rent arrears
Previous order application 4330800 dated 07/04/2022	$105.44	Previous order application 4330800 dated 07/04/2022
Flea treatment	$120.00	Flea treatment
Cleaning and dump fees	$2,355.00	Cleaning and dump fees
Replace smoke alarms	$73.10	Replace smoke alarms
Replace garage remote	$160.00	Replace garage remote
Lock/key replacement	$215.70	Lock/key replacement
Replace furnishings: Carpet replacement	$3,500.00	Replace furnishings: Carpet replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,614.68
Total payable by Tenant to Landlord	$7,614.68

Claims and awards for application 4355921 — net $7,614.68 NZD. Verify on MoJ.

Rent arrears

Amount: $1,065.00
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4330800 dated 07/04/2022

Amount: $105.44
Awarded to: Landlord
Reason: Previous order application 4330800 dated 07/04/2022

Flea treatment

Amount: $120.00
Awarded to: Landlord
Reason: Flea treatment

Cleaning and dump fees

Amount: $2,355.00
Awarded to: Landlord
Reason: Cleaning and dump fees

Replace smoke alarms

Amount: $73.10
Awarded to: Landlord
Reason: Replace smoke alarms

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Replace Smoke Alarms

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Dylan Kerr must pay [The landlord/s] $7,614.68 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 7 April 2022 under application 4330800.

Reasons

The landlord attended this remote teleconference hearing. Telephone calls to the tenant on the number provided could not be connected.
The landlord application was made more than 2 months after the end of the tenancy ( see s.91A Residential Tenancies Act 1986 (“RTA”)).
The landlord provided evidence that the tenant’s mother’s address was shown on the tenancy agreement as an alternative address. Telephone calls by the landlord to the tenant’s brother confirmed that the tenant was a regular visitor to the mother’s address. I am satisfied that notice of the hearing has been brought to the tenant’s attention. I dispense with the requirement for further service and proceed as if notice had been served on the tenant in accordance with the RTA ( see s.91B(2)(c) RTA).
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 20 April 2022. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,065.00.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant left the premises in a very poor state. The invoice from the commercial cleaners refer to them being “ultra filthy”. It appeared that the tenant kept his 2 dogs and cats inside for lengthy period.
The premises had to be treated for fleas before any work could be carried out as the property manager and contractors were bitten when they first arrived.
Invoices were provided for; Flea treatment$120.00 Cleaning and dump fees$2,355.00
The tenant did not return all the keys. An invoice for $215.70 was provided.
The following chattels were missing at the end of the tenancy: Smoke alarm and garage remote. Invoices were provided for $73.10 and
00.
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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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.
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). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA. There was no insurance policy cover for the damage to the carpet.
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.
Damage was caused to the carpet during the tenancy. The contractor said that the carpet was so badly stained with pet urine that it could not be cleaned. The urine had soaked through the carpet to the underlay in many areas of the house. In light of the advice received, I consider the landlord’s decision to replace the carpet was reasonable. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I consider that the damage caused must be considered intentional damage. I reach that view given the fact that the underlay was reported to be damaged and the issue was not isolated to one area of the premises.
The landlord should be returned to the position that they would have been in had the tenant not breached their obligations to the landlord. This means that the landlord cannot receive compensation that would put them in a better position. In calculating deprecation, I have been guided by the IRD depreciation guidelines. The rental property depreciation guide indicates that the estimated life of a carpet in a rental property is 8 years. I have taken that into account and the indication from the landlord that the carpet was in good condition for its age at the start of the tenancy, in fixing the claim for carpet replacement at $3,500.00.
The amount ordered is proven.
On 7 April 2022 the Tribunal made an order relating to this tenancy. The previous order is incorporated into this order for enforcement purposes.
As [The landlord/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord seeks name suppression. As the landlord has wholly succeeded with the claim, I order suppression of their name and details.

Tenancy Tribunal case 4355921 — Property damage

At a glance

Tenancy Tribunal case 4355921 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent ?

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

How much is owed for rent ?

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