What was Tenancy Tribunal case 4591209 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 4591209?

Cleaning: $835.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $500.00 awarded to landlord; Mediator’S Order Application 4472964…: $2,268.69 awarded to landlord; Property Damage: $384.78 awarded to landlord; Property Damage: $4,179.55 awarded to landlord; Replace Furnishings: Carpet: $2,723.00 awarded to landlord; Replace Furnishings: Wall Oven: $364.81 awarded to landlord; Rubbish Removal: $1,300.00 awarded to landlord; Smoke Alarms: $795.75 awarded to landlord; Water February-May 2023: $203.37 awarded to landlord

What type of tenancy dispute was case 4591209?

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

Where can I read the official tribunal order for case 4591209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9510583-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4591209 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 4591209?

Cleaning: $835.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $500.00 awarded to landlord; Mediator’S Order Application 4472964…: $2,268.69 awarded to landlord; Property Damage: $384.78 awarded to landlord; Property Damage: $4,179.55 awarded to landlord; Replace Furnishings: Carpet: $2,723.00 awarded to landlord; Replace Furnishings: Wall Oven: $364.81 awarded to landlord; Rubbish Removal: $1,300.00 awarded to landlord; Smoke Alarms: $795.75 awarded to landlord; Water February-May 2023: $203.37 awarded to landlord

What type of tenancy dispute was case 4591209?

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

Where can I read the official tribunal order for case 4591209?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9510583-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4591209 — Property damage

Claims and awards in Tenancy Tribunal application 4591209 — net $11,205.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Mediator’s order application 4472964 dated 13/02/2023	$2,268.69	Mediator’s order application 4472964 dated 13/02/2023
Water February-May 2023	$203.37	Water February-May 2023
Cleaning and carpet cleaning	$835.00	Cleaning and carpet cleaning
Rubbish removal	$1,300.00	Rubbish removal
Lock/key replacement	$384.78	Lock/key replacement
Lawns and Garden work	$500.00	Lawns and Garden work
Replace smoke alarms	$795.75	Replace smoke alarms
Replace furnishings: Carpet	$2,723.00	Replace furnishings: Carpet
Repairs to doors and walls	$4,179.55	Repairs to doors and walls
Replace furnishings: Wall oven	$364.81	Replace furnishings: Wall oven
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,205.39
Total payable by Tenant to Landlord	$11,205.39

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Andrea Karanga must pay [The landlord/s] $11,205.39 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,370.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing on 20 September 2023. The landlord was permitted to provide further photographs in support of their claim. This order is based on the Tribunal’s assessment of the further information made without holding a further hearing.
It was difficult to correlate some of the amounts claimed by the landlords in their written submissions with the invoices provided. If the landlord considers that the Tribunal has misunderstood, they may apply for a rehearing so the matter can be readdressed.
The landlord has applied for lost rent, outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Incorporation of previous order
The Mediated Order dated 13 February 2023 (for water charges and damages) is incorporated in this order for enforcement purposes.
The amount owing under the Mediated Order is $2,268.69 ($330.00 having been paid towards the debt).

How much is owed for rent and water?

The tenancy began on 19 December 2021 and ended on 28 May 2023. The landlords said they can usually rent out the property again after 1-2 weeks. Because of the damage to the property, they could not rent the property until 28 June 2023, about 4 weeks later. They claimed rent of $910.00 (2 weeks) to 10 June 2023.
No evidence was provided to support this claim, such as advertising or feedback from potential renters. I consider it is speculative whether the property could have been rented out again straight away. It is possible, but there is nothing to indicate a new tenant was waiting to move in and could not do so. I decline to award compensation for loss of rent.
The landlord provided water invoices which prove the amounts owing at the end of the tenancy. I award the amount claimed ($203.37).

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 is required to replace worn out smoke alarm batteries during the tenancy. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs showing the carpets, walls, and oven in a dirty condition at the end of the tenancy. The total cost of cleaning and carpet cleaning was $835.00 which is reasonable. The total rubbish removal costs were $1,300.00 which appears reasonable given the quantity of rubbish shown in the photographs. A 10 cubic meter skip bin had to be hired.
The tenant did not return the house keys or the heat pump remote ($384.78)
The gardens were left untidy at the end of the tenancy. The landlords claimed $1,700.00 for landscaping and $924.00 for pebbles. The invoices provide no detail as to the work performed. They appear excessive when compared with the photographs of the garden. These show the garden was overgrown but in need of no more than a good general tidying up. I award $500.00 for the cost of mowing the lawn and tidying the garden.
The landlords claimed $1,209.65 for replacement smoke alarms and electrical work in an invoice from [Electrical company]. This included $549.00 for a wall oven. There is also a separate invoice for an oven from [store] for $449.00. The cost of the wall oven must be deducted. I award $660.65 plus GST ($759.75) for replacement smoke alarms, a replacement switch, labour, and transport.

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.
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 4 weeks' rent. The insurance excess was $1,000.00. The weekly rent was $790.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
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 (Guo v Korck [2019] NZHC 1541).
The property was newly renovated at the start of the tenancy and in good condition. There was damage to the walls, doors, and carpets during the tenancy.
The landlord claimed $2,063.00 for carpet replacement and $660.00 for installation based on an invoice from [Flooring company]. There also a quote in the file from [redacted] (for $2,050.00 plus GST) and an invoice from [Carpet company] (for $2,992.25). I understood the carpet had to be replaced in the dining room and ensuite. More than one room was affected, and the insurance excess of $1,000.00 would likely apply to each room (the insurance policy wording was not provided). I award $2,723.00 for carpet replacement and installation. I decline to discount this figure for depreciation, given the carpet was only about 18 months old and would have been expected to last another 10 years or so.
The landlords claimed $4,179.55 for repairs to internal doors and holes in the walls, again based on the [redacted] invoice. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. There was a claim of $287.50 for fixing kitchen drawers. I cannot identify broken kitchen cupboards or drawers in the photographs.
The oven door of the wall oven was broken at the end of the tenancy. The landlord said they had to buy a replacement oven. The replacement cost of $449.00 was claimed. Ovens have an economic life of about 8 years and the oven would have been about 18 months old at the end of the tenancy. It is appropriate to factor in depreciation because the landlord is claiming the full replacement cost for an oven when (if it had been practicable) only a broken door needed repair. Allowing for depreciation I award $364.81.
The landlord claimed $435.00 for replacement blinds. The landlords said they had blood on them and had to be cleaned, however, the invoice appears to be for replacement blinds. The photographs available do not show obvious damage to the blinds. I decline to award compensation on the evidence available. Filing fee and name suppression
The landlords’ application has been largely successful. I award the filing fee.
I grant suppression as requested.

Claims and awards in Tenancy Tribunal application 4591209 — net $11,205.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Mediator’s order application 4472964 dated 13/02/2023	$2,268.69	Mediator’s order application 4472964 dated 13/02/2023
Water February-May 2023	$203.37	Water February-May 2023
Cleaning and carpet cleaning	$835.00	Cleaning and carpet cleaning
Rubbish removal	$1,300.00	Rubbish removal
Lock/key replacement	$384.78	Lock/key replacement
Lawns and Garden work	$500.00	Lawns and Garden work
Replace smoke alarms	$795.75	Replace smoke alarms
Replace furnishings: Carpet	$2,723.00	Replace furnishings: Carpet
Repairs to doors and walls	$4,179.55	Repairs to doors and walls
Replace furnishings: Wall oven	$364.81	Replace furnishings: Wall oven
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,205.39
Total payable by Tenant to Landlord	$11,205.39

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Andrea Karanga must pay [The landlord/s] $11,205.39 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,370.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing on 20 September 2023. The landlord was permitted to provide further photographs in support of their claim. This order is based on the Tribunal’s assessment of the further information made without holding a further hearing.
It was difficult to correlate some of the amounts claimed by the landlords in their written submissions with the invoices provided. If the landlord considers that the Tribunal has misunderstood, they may apply for a rehearing so the matter can be readdressed.
The landlord has applied for lost rent, outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Incorporation of previous order
The Mediated Order dated 13 February 2023 (for water charges and damages) is incorporated in this order for enforcement purposes.
The amount owing under the Mediated Order is $2,268.69 ($330.00 having been paid towards the debt).

How much is owed for rent and water?

The tenancy began on 19 December 2021 and ended on 28 May 2023. The landlords said they can usually rent out the property again after 1-2 weeks. Because of the damage to the property, they could not rent the property until 28 June 2023, about 4 weeks later. They claimed rent of $910.00 (2 weeks) to 10 June 2023.
No evidence was provided to support this claim, such as advertising or feedback from potential renters. I consider it is speculative whether the property could have been rented out again straight away. It is possible, but there is nothing to indicate a new tenant was waiting to move in and could not do so. I decline to award compensation for loss of rent.
The landlord provided water invoices which prove the amounts owing at the end of the tenancy. I award the amount claimed ($203.37).

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 is required to replace worn out smoke alarm batteries during the tenancy. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs showing the carpets, walls, and oven in a dirty condition at the end of the tenancy. The total cost of cleaning and carpet cleaning was $835.00 which is reasonable. The total rubbish removal costs were $1,300.00 which appears reasonable given the quantity of rubbish shown in the photographs. A 10 cubic meter skip bin had to be hired.
The tenant did not return the house keys or the heat pump remote ($384.78)
The gardens were left untidy at the end of the tenancy. The landlords claimed $1,700.00 for landscaping and $924.00 for pebbles. The invoices provide no detail as to the work performed. They appear excessive when compared with the photographs of the garden. These show the garden was overgrown but in need of no more than a good general tidying up. I award $500.00 for the cost of mowing the lawn and tidying the garden.
The landlords claimed $1,209.65 for replacement smoke alarms and electrical work in an invoice from [Electrical company]. This included $549.00 for a wall oven. There is also a separate invoice for an oven from [store] for $449.00. The cost of the wall oven must be deducted. I award $660.65 plus GST ($759.75) for replacement smoke alarms, a replacement switch, labour, and transport.

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.
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 4 weeks' rent. The insurance excess was $1,000.00. The weekly rent was $790.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent.
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.
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 (Guo v Korck [2019] NZHC 1541).
The property was newly renovated at the start of the tenancy and in good condition. There was damage to the walls, doors, and carpets during the tenancy.
The landlord claimed $2,063.00 for carpet replacement and $660.00 for installation based on an invoice from [Flooring company]. There also a quote in the file from [redacted] (for $2,050.00 plus GST) and an invoice from [Carpet company] (for $2,992.25). I understood the carpet had to be replaced in the dining room and ensuite. More than one room was affected, and the insurance excess of $1,000.00 would likely apply to each room (the insurance policy wording was not provided). I award $2,723.00 for carpet replacement and installation. I decline to discount this figure for depreciation, given the carpet was only about 18 months old and would have been expected to last another 10 years or so.
The landlords claimed $4,179.55 for repairs to internal doors and holes in the walls, again based on the [redacted] invoice. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. There was a claim of $287.50 for fixing kitchen drawers. I cannot identify broken kitchen cupboards or drawers in the photographs.
The oven door of the wall oven was broken at the end of the tenancy. The landlord said they had to buy a replacement oven. The replacement cost of $449.00 was claimed. Ovens have an economic life of about 8 years and the oven would have been about 18 months old at the end of the tenancy. It is appropriate to factor in depreciation because the landlord is claiming the full replacement cost for an oven when (if it had been practicable) only a broken door needed repair. Allowing for depreciation I award $364.81.
The landlord claimed $435.00 for replacement blinds. The landlords said they had blood on them and had to be cleaned, however, the invoice appears to be for replacement blinds. The photographs available do not show obvious damage to the blinds. I decline to award compensation on the evidence available. Filing fee and name suppression
The landlords’ application has been largely successful. I award the filing fee.
I grant suppression as requested.

Tenancy Tribunal case 4591209 — Property damage

At a glance

Tenancy Tribunal case 4591209 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

Key findings

Frequently asked questions