How much money was awarded in case 4563757?

Disposal Goods: $44.70 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $22.70 awarded to landlord; Property Damage: $55.82 awarded to landlord; Property Damage: $22.70 awarded to landlord; Property Damage: $407.18 awarded to landlord; Removing Wall Attachments: $22.70 awarded to landlord; Rent Arrears: $175.71 awarded to landlord

What type of tenancy dispute was case 4563757?

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

Where can I read the official tribunal order for case 4563757?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9359720-Tribunal_Order.pdf.

How much money was awarded in case 4563757?

Disposal Goods: $44.70 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $22.70 awarded to landlord; Property Damage: $55.82 awarded to landlord; Property Damage: $22.70 awarded to landlord; Property Damage: $407.18 awarded to landlord; Removing Wall Attachments: $22.70 awarded to landlord; Rent Arrears: $175.71 awarded to landlord

What type of tenancy dispute was case 4563757?

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

Where can I read the official tribunal order for case 4563757?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9359720-Tribunal_Order.pdf.

54 Kirkcaldy Street, South Dunedin, Dunedin 9012 Tenancy Tribunal Case 4563757 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4563757?

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

Order

Claims and awards in Tenancy Tribunal application 4563757 — net $771.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/4/2023	$175.71	Rent arrears to 19/4/2023
Wall repairs as agreed	$22.70	Wall repairs as agreed
Fire alarms replacement	$55.82	Fire alarms replacement
Exterior wall hole repair	$22.70	Exterior wall hole repair
Disposal goods	$44.70	Disposal goods
Removing wall attachments	$22.70	Removing wall attachments
__________________________________________________________________________________ 45637572 Replacement of missing door	$407.18	__________________________________________________________________________________ 45637572 Replacement of missing door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$771.95
Bond	$1,920.00
Total payable by Tenant to Landlord	$771.95

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Jasmin Paterson (previously Teale) to pay Freedom Rentals Limited $771.95 from the bond, calculated as shown in table below:

The Bond Centre is to pay the bond of $1,920.00 (5106344-008) immediately apportioned as follows: Freedom Rentals Limited: $771.95 Jasmin Teale: $1,148.05

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

Both parties 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.

The tenancy was initially for a fixed term from 10/4/2018 and was renewed annually until 15/2/2021 when it rolled over to a periodic tenancy.

How much is owed for rent?

The tenancy ended on 19/4/2023.

The landlord provided rent records which prove the amount owing.

The tenant agreed with the amount of rent arrears owing as $175.71.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.

The landlord sought compensation of $662.92 as follows: a. $10.00 for replacement of DCC blue bin b. $44.70 tip fee and labour for rubbish removal c. $22.70 for cleaning d. $485.00 for carpet and vinyl cleaning e. $55.82 for replacement of smoke alarms f. $44.70 for disposal of goods

In support of the claim the landlord provided photographs taken during the inspection on 29/1/2023 and after the tenant left on 20/4/2023 and invoices.

On the other hand, the tenant disputed the claims by the landlord and provided photographs taken at the beginning and end of the tenancy.

However, the tenant confirmed that some of the goods left at the property did belong to her.

I am persuaded by the evidence that the tenant did leave the premises reasonably clean and tidy, including vinyl and carpets, but did not remove all rubbish.

In addition, the landlord had to replace smoke alarms.

An award has been made from the bond for $145.22.

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.

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 landlord sought compensation of $575.91 as follows: a. $22.70 for wall repairs b. $100.63 for electrician costs re the oven c. $407.18 for replacement of a missing door d. $22.70 for removing wall attachments e. $22.70 for repairs to hole in an external wall.

The landlord relied on the invoices and photographs taken at the end of the tenancy.

In response, the tenant disputed the damage, apart from the hole in the wall at the entrance.

I am satisfied there was damage caused during the tenancy to walls, a door, and the oven.

However, I consider based on the evidence of the tenant and the five year length of the tenancy that the damage to the oven is fair wear and tear.

The tenant is liable to compensate the landlord for the holes caused by shelf attachments, the missing damaged door, and the hole in the exterior wall.

An award has been made from the bond for $475.28.

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord agreed with the tenant about collection of the goods but only some of them were collected.

The tenant did not believe all the goods belonged to her.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.

As Freedom Rentals Limited has largely succeeded with the claim I have awarded the filing fee.

Claims and awards in Tenancy Tribunal application 4563757 — net $771.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/4/2023	$175.71	Rent arrears to 19/4/2023
Wall repairs as agreed	$22.70	Wall repairs as agreed
Fire alarms replacement	$55.82	Fire alarms replacement
Exterior wall hole repair	$22.70	Exterior wall hole repair
Disposal goods	$44.70	Disposal goods
Removing wall attachments	$22.70	Removing wall attachments
__________________________________________________________________________________ 45637572 Replacement of missing door	$407.18	__________________________________________________________________________________ 45637572 Replacement of missing door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$771.95
Bond	$1,920.00
Total payable by Tenant to Landlord	$771.95

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Jasmin Paterson (previously Teale) to pay Freedom Rentals Limited $771.95 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,920.00 (5106344-008) immediately apportioned as follows: Freedom Rentals Limited: $771.95 Jasmin Teale: $1,148.05
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

Both parties 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.
The tenancy was initially for a fixed term from 10/4/2018 and was renewed annually until 15/2/2021 when it rolled over to a periodic tenancy.

How much is owed for rent?

The tenancy ended on 19/4/2023.
The landlord provided rent records which prove the amount owing.
The tenant agreed with the amount of rent arrears owing as $175.71.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The landlord sought compensation of $662.92 as follows: a. $10.00 for replacement of DCC blue bin b. $44.70 tip fee and labour for rubbish removal c. $22.70 for cleaning d. $485.00 for carpet and vinyl cleaning e. $55.82 for replacement of smoke alarms f. $44.70 for disposal of goods
In support of the claim the landlord provided photographs taken during the inspection on 29/1/2023 and after the tenant left on 20/4/2023 and invoices.
On the other hand, the tenant disputed the claims by the landlord and provided photographs taken at the beginning and end of the tenancy.
However, the tenant confirmed that some of the goods left at the property did belong to her.
I am persuaded by the evidence that the tenant did leave the premises reasonably clean and tidy, including vinyl and carpets, but did not remove all rubbish.
In addition, the landlord had to replace smoke alarms.
An award has been made from the bond for $145.22.

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.
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 landlord sought compensation of $575.91 as follows: a. $22.70 for wall repairs b. $100.63 for electrician costs re the oven c. $407.18 for replacement of a missing door d. $22.70 for removing wall attachments e. $22.70 for repairs to hole in an external wall.
The landlord relied on the invoices and photographs taken at the end of the tenancy.
In response, the tenant disputed the damage, apart from the hole in the wall at the entrance.
I am satisfied there was damage caused during the tenancy to walls, a door, and the oven.
However, I consider based on the evidence of the tenant and the five year length of the tenancy that the damage to the oven is fair wear and tear.
The tenant is liable to compensate the landlord for the holes caused by shelf attachments, the missing damaged door, and the hole in the exterior wall.
An award has been made from the bond for $475.28.
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord agreed with the tenant about collection of the goods but only some of them were collected.
The tenant did not believe all the goods belonged to her.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore, the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986.
As Freedom Rentals Limited has largely succeeded with the claim I have awarded the filing fee.

Tenancy Tribunal case 4563757 — Property damage at 54 Kirkcaldy Street, South Dunedin, Dunedin 9012

At a glance

Tenancy Tribunal case 4563757 — Property damage at 54 Kirkcaldy Street, South Dunedin, Dunedin 9012

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