How much money was awarded in case 4553471?

Cleaning: $450.00 awarded to landlord; Cleaning: $575.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $276.85 awarded to landlord; Rent Arrears: $2,557.14 awarded to landlord; walls, painting, limited to 4 weeks’…: $2,800.00 awarded to landlord

What type of tenancy dispute was case 4553471?

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

Where can I read the official tribunal order for case 4553471?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9300342-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4553471?

Cleaning: $450.00 awarded to landlord; Cleaning: $575.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $276.85 awarded to landlord; Rent Arrears: $2,557.14 awarded to landlord; walls, painting, limited to 4 weeks’…: $2,800.00 awarded to landlord

What type of tenancy dispute was case 4553471?

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

Where can I read the official tribunal order for case 4553471?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9300342-Tenancy_Tribunal_Order.pdf.

16A Kereruu Street, Cambridge, Cambridge 3434 Tenancy Tribunal Case 4553471 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4553471?

The tribunal order states: Louise Mary Harrison must pay Accommodation Rental Solutions Limited as

Order

Claims and awards in Tenancy Tribunal application 4553471 — net $4,079.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 May 2023	$2,557.14	Rent arrears to 2 May 2023
Cleaning	$575.00	Cleaning
Carpet Cleaning	$450.00	Carpet Cleaning
Lock/key replacement	$276.85	Lock/key replacement
Repairs: walls, painting, limited to 4 weeks’ rent	$2,800.00	Repairs: walls, painting, limited to 4 weeks’ rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,079.43
Total payable by Tenant to Landlord	$4,079.43

Louise Mary Harrison must pay Accommodation Rental Solutions Limited as agent for Kobus Kok $4,079.43 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 (6410336-001) to Accommodation Rental Solutions Limited as agent for Kobus Kok immediately.

The tenant’s claim is dismissed for want of prosecution.

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?

The tenancy ended on 2 May 2023. The landlord provided rent records 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. 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 amounts awarded to the landlord for cleaning and carpet cleaning are based on costs assessed as necessary to bring the property to a reasonably clean and reasonably tidy standard, rather than to a higher commercial or professional standard of cleanliness.

The tenant did not return the keys.

Only 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 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.

The walls throughout the property were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Assessing the photographs adduced, I consider the wall damage to have been caused carelessly. The landlord however has not shown whether the damage is covered by the landlord's insurance and if so, what excess may be applicable. The landlord contends that the applicable insurance excess is beyond the $9,734.75 painting and wall repairs costs claimed.

Given the widespread area of wall damage, I find that it is likely the applicable insurance excess is greater than $2,800.00.

In the circumstances I consider it fair to limit the tenant's liability to four weeks' rent pursuant to section 49B(3)(b) RTA.

I have also 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.

Only the amounts ordered are proved.

The tenant’s claims are dismissed for want of prosecution.

Claims and awards in Tenancy Tribunal application 4553471 — net $4,079.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 May 2023	$2,557.14	Rent arrears to 2 May 2023
Cleaning	$575.00	Cleaning
Carpet Cleaning	$450.00	Carpet Cleaning
Lock/key replacement	$276.85	Lock/key replacement
Repairs: walls, painting, limited to 4 weeks’ rent	$2,800.00	Repairs: walls, painting, limited to 4 weeks’ rent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,079.43
Total payable by Tenant to Landlord	$4,079.43

Order

Louise Mary Harrison must pay Accommodation Rental Solutions Limited as agent for Kobus Kok $4,079.43 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6410336-001) to Accommodation Rental Solutions Limited as agent for Kobus Kok immediately.
The tenant’s claim is dismissed for want of prosecution.

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?

The tenancy ended on 2 May 2023. The landlord provided rent records 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. 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 amounts awarded to the landlord for cleaning and carpet cleaning are based on costs assessed as necessary to bring the property to a reasonably clean and reasonably tidy standard, rather than to a higher commercial or professional standard of cleanliness.
The tenant did not return the keys.
Only 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 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.
The walls throughout the property were damaged during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Assessing the photographs adduced, I consider the wall damage to have been caused carelessly. The landlord however has not shown whether the damage is covered by the landlord's insurance and if so, what excess may be applicable. The landlord contends that the applicable insurance excess is beyond the $9,734.75 painting and wall repairs costs claimed.
Given the widespread area of wall damage, I find that it is likely the applicable insurance excess is greater than $2,800.00.
In the circumstances I consider it fair to limit the tenant's liability to four weeks' rent pursuant to section 49B(3)(b) RTA.
I have also 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.
Only the amounts ordered are proved.
The tenant’s claims are dismissed for want of prosecution.

Tenancy Tribunal case 4553471 — Property damage at 16A Kereruu Street, Cambridge, Cambridge 3434

At a glance

Tenancy Tribunal case 4553471 — Property damage at 16A Kereruu Street, Cambridge, Cambridge 3434

At a glance

Award balance

Claims & awards

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

Property management

Frequently asked questions

Award balance

Claims & awards

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

Property management

Frequently asked questions