Published tribunal order
Tenancy Tribunal case 4592571 — Rent arrears
Decided 16 Oct 2023 · Published 16 Oct 2023 · Application 4592571
- Rent arrears
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
- Sara Tuoro and Tepaki Parapu Tuoro must pay [The landlord/s] $4,625.98 immediately, calculated as shown in the table below.
Reasons
- The agent for the landlord attended the hearing. The other party did not attend.
- The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 16 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 landlord proved with evidence that the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord relied on pre-entry inspection photographs, exit inspection photographs and invoices.
- The curtains were missing and required replacing at the end of the tenancy.
- 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 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: the ranch slider glass was broken and the carpet in the lounge was heavily stained. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
- I note that despite carpet cleaning, the extensive stains and marks remained in the lounge area. The landlord advises that the carpet is 1.5 years old. The landlord sought $1,900.00 for the carpet replacement in the lounge. I asked at the hearing why no insurance claim had been made by the owners, given the replacement cost versus the much lower excess of $400.00. That could not be answered by the agent. This is considered to still be an option. Given the damage was likely accidental or careless, I award the excess amount in relation to 2 potential events only. It is open to the owners to pursue further compensation via their insurance policy if they wish.
- The amounts ordered are proved.
- As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.