What was the outcome of Tenancy Tribunal case 4497901?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4497901?

Cleaning: $69.00 awarded to landlord; Cleaning: $1,374.25 awarded to landlord; Property Damage: $914.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $860.00 awarded to landlord; Loss Of Rent X 6 Weeks: $4,680.00 awarded to landlord; Previous Order Application 4441141 D…: $1,043.57 awarded to landlord; Rent Paid Towards TT 4441141: $50.00 awarded to tenant; Cat Door: $59.00 awarded to landlord; Painting: $2,193.70 awarded to landlord; Shower Liner: $99.00 awarded to landlord; Replace Furnishings: Curtain Rails: $516.25 awarded to landlord

What type of tenancy dispute was case 4497901?

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

Where can I read the official tribunal order for case 4497901?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9523046-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4497901?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4497901?

Cleaning: $69.00 awarded to landlord; Cleaning: $1,374.25 awarded to landlord; Property Damage: $914.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $860.00 awarded to landlord; Loss Of Rent X 6 Weeks: $4,680.00 awarded to landlord; Previous Order Application 4441141 D…: $1,043.57 awarded to landlord; Rent Paid Towards TT 4441141: $50.00 awarded to tenant; Cat Door: $59.00 awarded to landlord; Painting: $2,193.70 awarded to landlord; Shower Liner: $99.00 awarded to landlord; Replace Furnishings: Curtain Rails: $516.25 awarded to landlord

What type of tenancy dispute was case 4497901?

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

Where can I read the official tribunal order for case 4497901?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9523046-Tenancy_Tribunal_Order.pdf.

79A Wilks Road West, Dairy Flat, Dairy Flat 0794 Tenancy Tribunal Case 4497901 — Property damage

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79A Wilks Road West, Dairy Flat, Dairy Flat 0794 Tenancy Tribunal Case 4497901 — 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 4497901 — net $11,779.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 4441141 dated 03/02/2023	$1,043.57		Previous order application 4441141 dated 03/02/2023
Cleaning	$1,374.25		Cleaning
Carpet Cleaning	$69.00		Carpet Cleaning
Lawns and Garden work	$860.00		Lawns and Garden work
Repairs: Painting	$2,193.70		Repairs: Painting
Electrical fittings replacement/repair: Electrical	$914.25		Electrical fittings replacement/repair: Electrical
Repairs: Shower liner	$99.00		Repairs: Shower liner
Replace furnishings: Curtain rails	$516.25		Replace furnishings: Curtain rails
Repairs: Cat door	$59.00		Repairs: Cat door
Loss of rent x 6 weeks	$4,680.00		Loss of rent x 6 weeks
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent paid towards TT 4441141		$50.00	Rent paid towards TT 4441141
Total award	$11,829.46	$50.00
Net award	$11,779.46
Total payable by Tenant to Landlord	$11,779.46

Claims and awards for application 4497901 — net $11,779.46 NZD. Verify on MoJ.

Previous order application 4441141 dated 03/02/2023

Amount: $1,043.57
Awarded to: Landlord
Reason: Previous order application 4441141 dated 03/02/2023

Cleaning

Amount: $1,374.25
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $69.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work

Amount: $860.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Painting

Amount: $2,193.70
Awarded to: Landlord
Reason: Repairs: Painting

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage Filing Fee Lawns And Garden Work

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
This order incorporates the Tribunal order made on 3 rd February 2023 under application 4441141.
Nicolene Van Wijk and Campbell Fletcher must pay Jenny Riethmaier and Reuben Turvey $11,779.46 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not. The need for service
The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply.
The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).
The application has not been served in accordance with these requirements.
However, the landlord provided evidence of the tenant using her email address on the day that this application was filed. That is the same email address held by the Tribunal.
I am satisfied that the notice of application has been sent to the correct email address.
Under section 91B(2)(c) RTA, I dispense with the requirement for service and proceed as if the notice and other documents had been served on the tenant in accordance with the RTA. Previous order 4441141 incorporated
On 3 rd February 2023, the Tribunal made an order relating to this tenancy, for rent arrears of $1,043.57.
The landlord acknowledged that the tenant had paid $50.00 towards the order 4441141 for rent arrears.
The previous order and the rent paid are incorporated into this order for enforcement purposes.

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, and leave all chattels provided for their benefit. See section 40(1)(e) RTA.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpet was not left reasonably clean.
The lawn was damaged due to the tenant-made-deck not being removed properly and required garden work to be done.
The amounts ordered above 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 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. 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. 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 following damage was caused during the tenancy: walls that required painting, electrical work due to having a spa on the deck and 2 socket plugs being made in the garage, holes drilled into the shower liner, curtain rails missing completely, and cat door being installed missing its flap. 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Having seen the photos of the premises at the end of the tenancy, I grant the landlord’s application for loss of rent for the premises to be cleaned and repaired. I find 6 weeks would be a reasonable length of time for the cleaning and repairs. Filing fee reimbursement
Because Jenny Riethmaier, Reuben Turvey has wholly succeeded with the claim, the tenant must reimburse the filing fee.

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 4497901 — net $11,779.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 4441141 dated 03/02/2023	$1,043.57		Previous order application 4441141 dated 03/02/2023
Cleaning	$1,374.25		Cleaning
Carpet Cleaning	$69.00		Carpet Cleaning
Lawns and Garden work	$860.00		Lawns and Garden work
Repairs: Painting	$2,193.70		Repairs: Painting
Electrical fittings replacement/repair: Electrical	$914.25		Electrical fittings replacement/repair: Electrical
Repairs: Shower liner	$99.00		Repairs: Shower liner
Replace furnishings: Curtain rails	$516.25		Replace furnishings: Curtain rails
Repairs: Cat door	$59.00		Repairs: Cat door
Loss of rent x 6 weeks	$4,680.00		Loss of rent x 6 weeks
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent paid towards TT 4441141		$50.00	Rent paid towards TT 4441141
Total award	$11,829.46	$50.00
Net award	$11,779.46
Total payable by Tenant to Landlord	$11,779.46

Claims and awards for application 4497901 — net $11,779.46 NZD. Verify on MoJ.

Previous order application 4441141 dated 03/02/2023

Amount: $1,043.57
Awarded to: Landlord
Reason: Previous order application 4441141 dated 03/02/2023

Cleaning

Amount: $1,374.25
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $69.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lawns and Garden work

Amount: $860.00
Awarded to: Landlord
Reason: Lawns and Garden work

Repairs: Painting

Amount: $2,193.70
Awarded to: Landlord
Reason: Repairs: Painting

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage Filing Fee Lawns And Garden Work

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
This order incorporates the Tribunal order made on 3 rd February 2023 under application 4441141.
Nicolene Van Wijk and Campbell Fletcher must pay Jenny Riethmaier and Reuben Turvey $11,779.46 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not. The need for service
The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply.
The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986 (“RTA”).
The application has not been served in accordance with these requirements.
However, the landlord provided evidence of the tenant using her email address on the day that this application was filed. That is the same email address held by the Tribunal.
I am satisfied that the notice of application has been sent to the correct email address.
Under section 91B(2)(c) RTA, I dispense with the requirement for service and proceed as if the notice and other documents had been served on the tenant in accordance with the RTA. Previous order 4441141 incorporated
On 3 rd February 2023, the Tribunal made an order relating to this tenancy, for rent arrears of $1,043.57.
The landlord acknowledged that the tenant had paid $50.00 towards the order 4441141 for rent arrears.
The previous order and the rent paid are incorporated into this order for enforcement purposes.

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, and leave all chattels provided for their benefit. See section 40(1)(e) RTA.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The carpet was not left reasonably clean.
The lawn was damaged due to the tenant-made-deck not being removed properly and required garden work to be done.
The amounts ordered above 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 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. 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. 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 following damage was caused during the tenancy: walls that required painting, electrical work due to having a spa on the deck and 2 socket plugs being made in the garage, holes drilled into the shower liner, curtain rails missing completely, and cat door being installed missing its flap. 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Having seen the photos of the premises at the end of the tenancy, I grant the landlord’s application for loss of rent for the premises to be cleaned and repaired. I find 6 weeks would be a reasonable length of time for the cleaning and repairs. Filing fee reimbursement
Because Jenny Riethmaier, Reuben Turvey has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4497901 — Property damage at 79A Wilks Road West, Dairy Flat, Dairy Flat 0794

At a glance

Tenancy Tribunal case 4497901 — Property damage at 79A Wilks Road West, Dairy Flat, Dairy Flat 0794

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