Published tribunal order
Tenancy Tribunal case 4534431 — Rent arrears at Unit/Flat 3, 11 Arran Street, Avondale, Auckland 0600
Decided 23 Aug 2023 · Published 23 Aug 2023 · Application 4534431
Landlord favoured
- Rent arrears
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Shinelle Thompson and Shay Kanara must pay Shelter Realty Limited T/A Harcourts New Lynn as Agent for Seetha Wickramage $1,855.20 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$2,610.00 Water rates$265.57 Repairs to toilet, door, wall, rubbish removal and lawns $1,479.19 Filing fee reimbursement$20.44 Total award$4,375.20 Bond-$2,520.00 Total payable by Tenant to Landlord$1,855.20
- The Bond Centre is to pay the bond of $2,520.00 (3279567-009) to Shelter Realty Limited T/A Harcourts New Lynn as Agent for Seetha Wickramage immediately.
Reasons
- Only the landlord attended the hearing.
- 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 and water rates?
- The tenancy ended on 7 March 2023. The landlord provided rent records and water rates invoices which prove the amount owing at 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.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- 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.
- 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: a. Damage to the front door. b. Damage to the wall by the bathroom. c. Blocking the toilet.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- Because Shelter Realty Limited T/A Harcourts New Lynn As Agent For Seetha Wickramage has wholly succeeded with the claim I must order reimbursement the filing fee.