What was the outcome of Tenancy Tribunal case 4575111?

The tribunal order states: Kalem Leo Tarrant and Tyler George Hatchwell must pay Simpson Trustees 2008

How much money was awarded in case 4575111?

Cleaning: $250.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Benchtop: $400.00 awarded to landlord; Patch Holes In Carpet: $200.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Walls: $850.00 awarded to landlord

What type of tenancy dispute was case 4575111?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4575111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9231245-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4575111?

The tribunal order states: Kalem Leo Tarrant and Tyler George Hatchwell must pay Simpson Trustees 2008

How much money was awarded in case 4575111?

Cleaning: $250.00 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Benchtop: $400.00 awarded to landlord; Patch Holes In Carpet: $200.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Walls: $850.00 awarded to landlord

What type of tenancy dispute was case 4575111?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4575111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9231245-Tribunal_Order.pdf.

2 Cluny Avenue, Kelburn, Wellington 6012 Tenancy Tribunal Case 4575111 — Property damage

Claims and awards in Tenancy Tribunal application 4575111 — net $700.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: patch holes in carpet	$200.00	Repairs: patch holes in carpet
Carpet Cleaning: including the loaned rug, for stain removals	$250.00	Carpet Cleaning: including the loaned rug, for stain removals
Lawns and Garden work: tenant's responsibilities only	$200.00	Lawns and Garden work: tenant's responsibilities only
Repairs: scratched rimu flooring, beyond fair wear and tear only, limited to insurance excess	$1,000.00	Repairs: scratched rimu flooring, beyond fair wear and tear only, limited to insurance excess
Repairs: benchtop	$400.00	Repairs: benchtop
Repairs: reinstate water damaged laundry floor and wall damage in laundry, limited to insurance excess	$1,000.00	Repairs: reinstate water damaged laundry floor and wall damage in laundry, limited to insurance excess
Repairs: repair water damaged / blown laundry bifolds	$800.00	Repairs: repair water damaged / blown laundry bifolds
Repairs: walls	$850.00	Repairs: walls
Net award	$700.00
Total payable by Tenant to Landlord	$700.00

Claims and awards in Tenancy Tribunal application 4575111 — net $700.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repairs: patch holes in carpet

$200.00

Repairs: patch holes in carpet

Carpet Cleaning: including the loaned rug, for stain removals

$250.00

Carpet Cleaning: including the loaned rug, for stain removals

Lawns and Garden work: tenant's responsibilities only

$200.00

Lawns and Garden work: tenant's responsibilities only

Repairs: scratched rimu flooring, beyond fair wear and tear only, limited to insurance excess

$1,000.00

Repairs: scratched rimu flooring, beyond fair wear and tear only, limited to insurance excess

Repairs: benchtop

$400.00

Repairs: benchtop

Repairs: reinstate water damaged laundry floor and wall damage in laundry, limited to insurance excess

$1,000.00

Repairs: reinstate water damaged laundry floor and wall damage in laundry, limited to insurance excess

Repairs: repair water damaged / blown laundry bifolds

$800.00

Repairs: repair water damaged / blown laundry bifolds

Repairs: walls

$850.00

Repairs: walls

Net award

$700.00

Total payable by Tenant to Landlord

$700.00

Reasons

Both parties attended the hearing. Trustees of the landlord appeared in person. The tenants also attended; they were represented by counsel Andrew Davie.

The landlord has applied for compensation and refund of the bond following the end of the tenancy on 17 April 2023.

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.

Only the amounts ordered for stain removal of carpet (including the loaned rug), and lawns and basic garden work 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.

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: scratched rimu flooring. chipped benchtop, bifolds in the laundry, water damaged laundry floors and walls The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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.

The amounts ordered also take into account the landlord's prospective insurance cover for property damage. Section 49B(3)(a) RTA limits the tenant's liability to the lesser of the insurance excess of $1,000.00 for each event. The landlord had failed to mitigate her loss when she decided not to make an insurance claim on the damaged items; applying section 49B(3)(a) RTA, I consider it appropriate that the tenant’s liability for the scratched rimu floors and water damaged laundry floor is limited to the insurance excess of $1,000.00 each.

The landlord’s claims on items damaged by build up in mould such as the curtains and blinds are unsuccessful. I am satisfied from the tenant’s evidence that the premises were generally damp and despite the tenants leaving windows open to ventilate the house and their bedrooms, there was still mould present.

The landlord’s claim for plumbing costs to unblock the waste disposal unit is also unsuccessful. Contrary to the landlord’s assertions, I prefer the tenant’s evidence that that they had not improperly operated the wastemaster by not turning it on (as alleged by the landlord).

Only the amounts ordered are proved. I consider the remaining costs claimed by the landlord fair wear and tear.

Claims and awards in Tenancy Tribunal application 4575111 — net $700.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: patch holes in carpet	$200.00	Repairs: patch holes in carpet
Carpet Cleaning: including the loaned rug, for stain removals	$250.00	Carpet Cleaning: including the loaned rug, for stain removals
Lawns and Garden work: tenant's responsibilities only	$200.00	Lawns and Garden work: tenant's responsibilities only
Repairs: scratched rimu flooring, beyond fair wear and tear only, limited to insurance excess	$1,000.00	Repairs: scratched rimu flooring, beyond fair wear and tear only, limited to insurance excess
Repairs: benchtop	$400.00	Repairs: benchtop
Repairs: reinstate water damaged laundry floor and wall damage in laundry, limited to insurance excess	$1,000.00	Repairs: reinstate water damaged laundry floor and wall damage in laundry, limited to insurance excess
Repairs: repair water damaged / blown laundry bifolds	$800.00	Repairs: repair water damaged / blown laundry bifolds
Repairs: walls	$850.00	Repairs: walls
Net award	$700.00
Total payable by Tenant to Landlord	$700.00

Claims and awards in Tenancy Tribunal application 4575111 — net $700.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repairs: patch holes in carpet

$200.00

Repairs: patch holes in carpet

Carpet Cleaning: including the loaned rug, for stain removals

$250.00

Carpet Cleaning: including the loaned rug, for stain removals

Lawns and Garden work: tenant's responsibilities only

$200.00

Lawns and Garden work: tenant's responsibilities only

Repairs: scratched rimu flooring, beyond fair wear and tear only, limited to insurance excess

$1,000.00

Repairs: scratched rimu flooring, beyond fair wear and tear only, limited to insurance excess

Repairs: benchtop

$400.00

Repairs: benchtop

Repairs: reinstate water damaged laundry floor and wall damage in laundry, limited to insurance excess

$1,000.00

Repairs: reinstate water damaged laundry floor and wall damage in laundry, limited to insurance excess

Repairs: repair water damaged / blown laundry bifolds

$800.00

Repairs: repair water damaged / blown laundry bifolds

Repairs: walls

$850.00

Repairs: walls

Net award

$700.00

Total payable by Tenant to Landlord

$700.00

Order

Kalem Leo Tarrant and Tyler George Hatchwell must pay Simpson Trustees 2008 Limited $700.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,000.00 (3661979-006) to Simpson Trustees 2008 Limited immediately.

Reasons

Both parties attended the hearing. Trustees of the landlord appeared in person. The tenants also attended; they were represented by counsel Andrew Davie.
The landlord has applied for compensation and refund of the bond following the end of the tenancy on 17 April 2023.

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.
Only the amounts ordered for stain removal of carpet (including the loaned rug), and lawns and basic garden work 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.
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: scratched rimu flooring. chipped benchtop, bifolds in the laundry, water damaged laundry floors and walls The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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.
The amounts ordered also take into account the landlord's prospective insurance cover for property damage. Section 49B(3)(a) RTA limits the tenant's liability to the lesser of the insurance excess of $1,000.00 for each event. The landlord had failed to mitigate her loss when she decided not to make an insurance claim on the damaged items; applying section 49B(3)(a) RTA, I consider it appropriate that the tenant’s liability for the scratched rimu floors and water damaged laundry floor is limited to the insurance excess of $1,000.00 each.
The landlord’s claims on items damaged by build up in mould such as the curtains and blinds are unsuccessful. I am satisfied from the tenant’s evidence that the premises were generally damp and despite the tenants leaving windows open to ventilate the house and their bedrooms, there was still mould present.
The landlord’s claim for plumbing costs to unblock the waste disposal unit is also unsuccessful. Contrary to the landlord’s assertions, I prefer the tenant’s evidence that that they had not improperly operated the wastemaster by not turning it on (as alleged by the landlord).
Only the amounts ordered are proved. I consider the remaining costs claimed by the landlord fair wear and tear.

Tenancy Tribunal case 4575111 — Property damage at 2 Cluny Avenue, Kelburn, Wellington 6012

At a glance

Tenancy Tribunal case 4575111 — Property damage at 2 Cluny Avenue, Kelburn, Wellington 6012

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

Property management

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

Property management

Frequently asked questions