Published tribunal order
Tenancy Tribunal case 4518835 — Property damage
Decided 23 Nov 2023 · Published 23 Nov 2023 · Application 4518835
- Property damage
Party names are redacted in the official published order.
Order
- Anthony John Wilson and Naomi Rose Hadfield must pay [The landlord/s] $5,023.37 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing today. The tenants did not attend.
- The landlord applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The bond has already been refunded to the landlord and is deducted from the amounts awarded.
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.
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Cleaning would have been needed throughout the property. There was lots of hard rubbish left around the house.
- The tenant did not return the keys. The locks had to be changed to secure the property.
- The lawns were not reasonably tidy and had to be mowed twice.
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.
- 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 4 weeks' rent.
- Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
- 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.
- There was a flood from the bathroom which damaged the flooring in the kitchen, lounge, and bedroom. The carpets were badly stained. There was also some damage to the walls in several rooms. The garage door had a large bow in it and could not be closed. There is a quote on file for repairs totalling $31,413.60. Insurers paid this amount less an excess of $6,000.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Other claims - Meth testing
- The landlord claimed $205.85 for a meth test at the end of the tenancy. The landlord said they did find meth, but the results were not available. The available evidence does not establish that the property was used for an unlawful purpose. I therefore decline the claim for testing. Name suppression and filing fee
- The landlord is entitled to suppression, as requested.
- The landlord’s application has been largely successful. The filing fee is awarded.