What was Tenancy Tribunal case 4537546 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 4537546?

Cleaning: $100.00 awarded to landlord; Cleaning: $115.00 awarded to landlord; Compensation: $1,200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Less Insurance Payout: $6,000.00 awarded to tenant; Previous Order Application 4486441 D…: $1,351.82 awarded to landlord; Property Alarms: $1,178.75 awarded to landlord; 4 Windows: $411.25 awarded to landlord; Walls In And Out: $6,919.78 awarded to landlord; Rubbish Removal: $545.00 awarded to landlord; Smoke Alarms: $81.08 awarded to landlord

What type of tenancy dispute was case 4537546?

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

Where can I read the official tribunal order for case 4537546?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9383943-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4537546 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 4537546?

Cleaning: $100.00 awarded to landlord; Cleaning: $115.00 awarded to landlord; Compensation: $1,200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Less Insurance Payout: $6,000.00 awarded to tenant; Previous Order Application 4486441 D…: $1,351.82 awarded to landlord; Property Alarms: $1,178.75 awarded to landlord; 4 Windows: $411.25 awarded to landlord; Walls In And Out: $6,919.78 awarded to landlord; Rubbish Removal: $545.00 awarded to landlord; Smoke Alarms: $81.08 awarded to landlord

What type of tenancy dispute was case 4537546?

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

Where can I read the official tribunal order for case 4537546?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9383943-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4537546 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4537546 — net $5,923.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 4486441 dated 30/01/2023	$1,351.82		Previous order application 4486441 dated 30/01/2023
Repairs: walls in and out	$6,919.78		Repairs: walls in and out
Property Alarms	$1,178.75		Property Alarms
Repairs: 4 windows	$411.25		Repairs: 4 windows
Rubbish removal	$545.00		Rubbish removal
Replace smoke alarms	$81.08		Replace smoke alarms
Cleaning: oven	$115.00		Cleaning: oven
Carpet Cleaning	$100.00		Carpet Cleaning
compensation for loss of rent	$1,200.00		compensation for loss of rent
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less Insurance payout		$6,000.00	Less Insurance payout
Total award	$11,923.12	$6,000.00
Net award	$5,923.12
Total payable by Tenant to Landlord	$5,923.12

The landlords attended the hearing. There was no appearance from the tenant.

The landlord has a mediated order dated 30 January 2023 for rent arrears owing and confirmed the amount left owing by the tenant is $1,351.82.

The landlord extensively renovated the premises prior to this tenancy.

The landlord has applied for compensation for damages to the internal and external walls of the property, 4 broken windows, sensor alarm being ripped out, smoke alarms refund of the bond, and reimbursement of the filing fee following 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord claims the tenant did not clean the oven, carpets or remove rubbish at the end of the tenancy. The landlord provided photos of the premises before and after the tenancy.

The amounts sought being $545.00 for rubbish removal, $100.00 for carpet cleaning and $115.00 for oven clean as ordered are proved.

The tenant also removed smoke alarms left on the premises. The amount of $81.08 are ordered as proved from photographs provided.

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: damage to internal and external walls, doors and windows and ripped out a sensor alarm. The damage is more than fair wear and tear as per the photos and explanation given, and the tenant has not disproved liability for the damage.

The landlord obtained an insurance payout for the damages limited to $6,000.00. The landlord has taken this into account for his claim but in the calculation has pro-rated the payout in areas where the landlord believed the claim should go. This is not an accepted quantification as insurance is usually only for damages occurred to the premises rather than for matters such as loss of rent or rubbish removal.

The total of damages (walls, doors and painting) being the gross amount of $6919.78, windows being $411.25 and sensor alarm$1,178.75 amounted to $8509.78 less $6000.00 from Insurance leaves a balance of $2509.78 as owing for the award for these damages.

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. Claim for Compensation for Loss of Rent and Landlord’s Time

In between tenancies, there is usually some time lag expected for the landlord to address maintenance issues for usual cleaning and repairs before getting in another tenant. It is not usual to award loss of rent to a landlord.

In this situation, due to the aggravating factors of the level of holes in the walls taking a bit more time requiring replastering and painting, the Tribunal awards 2 weeks loss of rent to the landlord being $1,200.00.

The landlord also claims time and travel to attend to the property. The Tribunal considers this makes up part of the usual costs of running a business of a rental property.

This claim is dismissed. Filing Fee

Because the landlord has substantially succeeded in the claim, the Tribunal reimburses the filing fee. Name Suppression

The landlord is seeking suppression of identifying details in any publication of this order. If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986.

The landlord has been substantially successful in these proceedings. Having considered the factors in this case the Tribunal grants suppression of the landlord’s identifying details and tenancy details as sought.

Claims and awards in Tenancy Tribunal application 4537546 — net $5,923.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 4486441 dated 30/01/2023	$1,351.82		Previous order application 4486441 dated 30/01/2023
Repairs: walls in and out	$6,919.78		Repairs: walls in and out
Property Alarms	$1,178.75		Property Alarms
Repairs: 4 windows	$411.25		Repairs: 4 windows
Rubbish removal	$545.00		Rubbish removal
Replace smoke alarms	$81.08		Replace smoke alarms
Cleaning: oven	$115.00		Cleaning: oven
Carpet Cleaning	$100.00		Carpet Cleaning
compensation for loss of rent	$1,200.00		compensation for loss of rent
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less Insurance payout		$6,000.00	Less Insurance payout
Total award	$11,923.12	$6,000.00
Net award	$5,923.12
Total payable by Tenant to Landlord	$5,923.12

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and tenancy identifying details.
Bronwyn Mitchell (Scelly) must pay [The landlord/s] $5,923.12 immediately, calculated as shown in table below.

Reasons

The landlords attended the hearing. There was no appearance from the tenant.
The landlord has a mediated order dated 30 January 2023 for rent arrears owing and confirmed the amount left owing by the tenant is $1,351.82.
The landlord extensively renovated the premises prior to this tenancy.
The landlord has applied for compensation for damages to the internal and external walls of the property, 4 broken windows, sensor alarm being ripped out, smoke alarms refund of the bond, and reimbursement of the filing fee following 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord claims the tenant did not clean the oven, carpets or remove rubbish at the end of the tenancy. The landlord provided photos of the premises before and after the tenancy.
The amounts sought being $545.00 for rubbish removal, $100.00 for carpet cleaning and $115.00 for oven clean as ordered are proved.
The tenant also removed smoke alarms left on the premises. The amount of $81.08 are ordered as proved from photographs provided.

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: damage to internal and external walls, doors and windows and ripped out a sensor alarm. The damage is more than fair wear and tear as per the photos and explanation given, and the tenant has not disproved liability for the damage.
The landlord obtained an insurance payout for the damages limited to $6,000.00. The landlord has taken this into account for his claim but in the calculation has pro-rated the payout in areas where the landlord believed the claim should go. This is not an accepted quantification as insurance is usually only for damages occurred to the premises rather than for matters such as loss of rent or rubbish removal.
The total of damages (walls, doors and painting) being the gross amount of $6919.78, windows being $411.25 and sensor alarm$1,178.75 amounted to $8509.78 less $6000.00 from Insurance leaves a balance of $2509.78 as owing for the award for these damages.
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. Claim for Compensation for Loss of Rent and Landlord’s Time
In between tenancies, there is usually some time lag expected for the landlord to address maintenance issues for usual cleaning and repairs before getting in another tenant. It is not usual to award loss of rent to a landlord.
In this situation, due to the aggravating factors of the level of holes in the walls taking a bit more time requiring replastering and painting, the Tribunal awards 2 weeks loss of rent to the landlord being $1,200.00.
The landlord also claims time and travel to attend to the property. The Tribunal considers this makes up part of the usual costs of running a business of a rental property.
This claim is dismissed. Filing Fee
Because the landlord has substantially succeeded in the claim, the Tribunal reimburses the filing fee. Name Suppression
The landlord is seeking suppression of identifying details in any publication of this order. If a party has wholly or substantially succeeded in the proceedings the Tribunal must make the order unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. Section 95A Residential Tenancies Act 1986.
The landlord has been substantially successful in these proceedings. Having considered the factors in this case the Tribunal grants suppression of the landlord’s identifying details and tenancy details as sought.

Tenancy Tribunal case 4537546 — Property damage

At a glance

Tenancy Tribunal case 4537546 — Property damage

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