What was Tenancy Tribunal case 4399620 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 4399620?

Cleaning: $250.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $285.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $139.00 awarded to landlord

What type of tenancy dispute was case 4399620?

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

Where can I read the official tribunal order for case 4399620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9321109-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4399620 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 4399620?

Cleaning: $250.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $285.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $139.00 awarded to landlord

What type of tenancy dispute was case 4399620?

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

Where can I read the official tribunal order for case 4399620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9321109-Tribunal_Order_Redacted.pdf.

42A Stanley Road, Glenfield, Auckland 0629 Tenancy Tribunal Case 4399620 — Property damage

Claims and awards in Tenancy Tribunal application 4399620 — net $985.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$285.00		Rent arrears
Filing fee reimbursement	$20.44		Filing fee reimbursement
Cleaning	$250.00		Cleaning
Oven/stove cleaning	$100.00		Oven/stove cleaning
Replace furnishings: Carpet damage	$500.00		Replace furnishings: Carpet damage
Replace furnishings: Curtain replacement	$139.00		Replace furnishings: Curtain replacement
Bond already paid to landlord		$2,280.00	Bond already paid to landlord
Total award	$1,294.44	$2,280.00
Net award		$985.56
Total payable by Landlord to Tenant		$985.56

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant name and identifying details.
Agustina Esmerado and Peter Moore Dynan must pay [The tenant/s] $985.56 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy on 12 September 2022.
The tenant lived at the address with her (now) ex-partner. Her ex-partner moved out prior to 12 September 2022.

How much is owed for rent?

The tenancy ended on 12 September 2022. The landlord provided rent records which prove the amount owing at the end of the tenancy for the period 6 September to 12 September 2022. Having sighted the rent ledger I am satisfied that this amount is owed by the tenant. The tenant also accepts this claim.

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 must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean. The landlord provided entry and exit photos of the premises showing parts of the house which needed cleaning. This related mainly to the walls, skirting areas and one of the windowsills. I have also sighted the cleaning invoice from Clear Space Cleans Limited as provided by the landlord. Having considered the invoice along with the photographic evidence provided I am not satisfied that the evidence supports the cleaning amount claimed. I reduce the cleaning amount claimed to reflect the evidence provided in this regard.
The landlord also claims that the tenant did not leave the oven in a reasonably clean condition. I have sighted photographic evidence of the oven and award an amount which reflects this.
The amounts ordered are proved as ordered.

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.
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.
The landlord claims that the tenant’s dog damaged the carpet. The tenant accepts this and explained that it was because the other tenant would not take the dog out to go to the toilet. She also stated that he would often not clean the carpet after the dog had urinated. The tenant paid to have the carpet professionally cleaned on 2 September 2022. The tenant was advised that some of the stains would not come out.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I consider however that a reduced amount reflecting the damage is appropriate. The landlord received 3 quotes to replace the carpet. The landlord also stated during the hearing that they would need to replace the entire carpet so that it all matched the same colour.
I do not accept the landlord’s claim for entire carpet replacement. It is not the tenant’s responsibility to put the landlord into a better position than at the start of the tenancy. Put simply, the tenant cannot be held liable for replacing the entire carpet when only a section was damaged as per the evidence provided. During the hearing the tenant accepted that the lounge carpet would need replacing but objected to paying for carpet replacement for the entire house.
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 landlord claims that the tenant damaged a curtain. I have sighted photographic evidence of this and a payment receipt. I allow this claim.
The bond was released to the landlord in full on 16 September 2022. My view is that the landlord requesting full payment of the bond was premature, especially considering a pending claim with this Tribunal. The bond should have remained with the bond centre until the matter was determined. I order that the bond amount, less the compensation order, is returned to the tenant.
The landlord’s claim for time and inconvenience is dismissed. There was no evidence filed in support of this claim.
Because Agustina Esmerado, Peter Moore Dynan has substantially succeeded with the claim I have reimbursed the filing fee.
I also acknowledge the personal circumstances of the tenant and order suppression of name accordingly.

Claims and awards in Tenancy Tribunal application 4399620 — net $985.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$285.00		Rent arrears
Filing fee reimbursement	$20.44		Filing fee reimbursement
Cleaning	$250.00		Cleaning
Oven/stove cleaning	$100.00		Oven/stove cleaning
Replace furnishings: Carpet damage	$500.00		Replace furnishings: Carpet damage
Replace furnishings: Curtain replacement	$139.00		Replace furnishings: Curtain replacement
Bond already paid to landlord		$2,280.00	Bond already paid to landlord
Total award	$1,294.44	$2,280.00
Net award		$985.56
Total payable by Landlord to Tenant		$985.56

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant name and identifying details.
Agustina Esmerado and Peter Moore Dynan must pay [The tenant/s] $985.56 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy on 12 September 2022.
The tenant lived at the address with her (now) ex-partner. Her ex-partner moved out prior to 12 September 2022.

How much is owed for rent?

The tenancy ended on 12 September 2022. The landlord provided rent records which prove the amount owing at the end of the tenancy for the period 6 September to 12 September 2022. Having sighted the rent ledger I am satisfied that this amount is owed by the tenant. The tenant also accepts this claim.

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 must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean. The landlord provided entry and exit photos of the premises showing parts of the house which needed cleaning. This related mainly to the walls, skirting areas and one of the windowsills. I have also sighted the cleaning invoice from Clear Space Cleans Limited as provided by the landlord. Having considered the invoice along with the photographic evidence provided I am not satisfied that the evidence supports the cleaning amount claimed. I reduce the cleaning amount claimed to reflect the evidence provided in this regard.
The landlord also claims that the tenant did not leave the oven in a reasonably clean condition. I have sighted photographic evidence of the oven and award an amount which reflects this.
The amounts ordered are proved as ordered.

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.
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.
The landlord claims that the tenant’s dog damaged the carpet. The tenant accepts this and explained that it was because the other tenant would not take the dog out to go to the toilet. She also stated that he would often not clean the carpet after the dog had urinated. The tenant paid to have the carpet professionally cleaned on 2 September 2022. The tenant was advised that some of the stains would not come out.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I consider however that a reduced amount reflecting the damage is appropriate. The landlord received 3 quotes to replace the carpet. The landlord also stated during the hearing that they would need to replace the entire carpet so that it all matched the same colour.
I do not accept the landlord’s claim for entire carpet replacement. It is not the tenant’s responsibility to put the landlord into a better position than at the start of the tenancy. Put simply, the tenant cannot be held liable for replacing the entire carpet when only a section was damaged as per the evidence provided. During the hearing the tenant accepted that the lounge carpet would need replacing but objected to paying for carpet replacement for the entire house.
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 landlord claims that the tenant damaged a curtain. I have sighted photographic evidence of this and a payment receipt. I allow this claim.
The bond was released to the landlord in full on 16 September 2022. My view is that the landlord requesting full payment of the bond was premature, especially considering a pending claim with this Tribunal. The bond should have remained with the bond centre until the matter was determined. I order that the bond amount, less the compensation order, is returned to the tenant.
The landlord’s claim for time and inconvenience is dismissed. There was no evidence filed in support of this claim.
Because Agustina Esmerado, Peter Moore Dynan has substantially succeeded with the claim I have reimbursed the filing fee.
I also acknowledge the personal circumstances of the tenant and order suppression of name accordingly.

Tenancy Tribunal case 4399620 — Property damage at 42A Stanley Road, Glenfield, Auckland 0629

At a glance

Tenancy Tribunal case 4399620 — Property damage at 42A Stanley Road, Glenfield, Auckland 0629

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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