What was Tenancy Tribunal case 4601609 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 4601609?

Cleaning: $382.38 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $660.00 awarded to landlord; Rubbish Removal: $824.55 awarded to landlord

What type of tenancy dispute was case 4601609?

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

Where can I read the official tribunal order for case 4601609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9366839-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4601609 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 4601609?

Cleaning: $382.38 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $300.00 awarded to landlord; Property Damage: $660.00 awarded to landlord; Rubbish Removal: $824.55 awarded to landlord

What type of tenancy dispute was case 4601609?

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

Where can I read the official tribunal order for case 4601609?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9366839-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4601609 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 4601609 — net $2,187.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: by consent	$382.38	Cleaning: by consent
Rubbish removal: by consent	$824.55	Rubbish removal: by consent
Replacement carpet - two bedrooms depreciated amount	$300.00	Replacement carpet - two bedrooms depreciated amount
Repairs	$660.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,187.37
Total payable by Tenant to Landlord	$2,187.37

Both parties attended the hearing.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. This tenancy lasted seven and a half years. One of the tenants named on the tenancy agreement moved out last year.

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 (RTA).

Orders are made for cleaning and rubbish removal by consent.

I have allowed the claim for $160 for additional cleaning to the kitchen floor. The tenant said this happened when repairs were done to the bathroom, but I am more persuaded by the property manager’s submission, that the bathroom repairs were done a long time ago and she had not noticed the marks on the kitchen floor in later inspections. The amount claimed seems reasonable to me.

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.

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 claims for the basin and for the kitchen cupboard hinge were withdrawn at the hearing.

There is a claim for a replacement laundry tub. The property condition report from the start of the tenancy does not mention the condition of the tub. The tub is at least seven and a half years old, and from the photos it could be older. The tenant said the tub was working normally when she left the tenancy. This claim is dismissed because there is no proof of age or condition of the tub at the start of the tenancy. It seems likely to me that any order against the tenant will result in her paying for an improvement and this is not allowed.

The tenant agreed to the cost of replacement carpet in two of the bedrooms because of the large number of stains on the floor. The carpet was brand new at the start of the tenancy. The landlord provided me with proof of age and used a depreciation calculator, bringing the claim down to $730 for four rooms and the hallway. I have allowed 2/5 of the claim in the amount of $300.

The ex-tenant who left last year did a lot of damage to the walls and doors in the house. Most of the damage was done before he moved out. The landlord provided a quote for repairs. Usually I would not allow the claim without an invoice, but in the particular circumstances of this case I find it is reasonable to rely on the quote for some of the claim. This is because the tenant was able to explain how the damage happened, the damage clearly needs to be repaired, I had good photos, and the amounts claimed seemed reasonable to me based on other claims I see in the Tribunal. The amount that is proved and allowed is $660.

I have not allowed the claims where there are marks on the walls, doors or on the kitchen bench. I am relying on a quote, and I am not persuaded this work is essential. I am persuaded by the tenant’s submission some of the marks could be removed by cleaning. These claims are dismissed.

I have not allowed the claim for the broken wall repair in the rumpus room. The missing part of the wall was damaged when the ex-tenant broke into the house. The tenant is not responsible for damage that happened by a criminal act after the ex-tenant moved out. This claim is dismissed.

I have not allowed the claims for the laundry walls. The landlord submitted that running an unvented dryer was damage and not fair wear and tear. The tenant said the marks are from the usual use of a dryer and a washing machine and only became apparent when she moved the appliances. I have considered the photos and I find the marks are most likely normal wear and tear in a laundry. This claim is dismissed.

I have not allowed all of the claims for damage to doors because some of the doors had existing damage or hooks on them at the start of the tenancy. I have not allowed the claims for damage where there were no doorstops. The tenant submitted that only some of the doors had stops. The landlord submitted the doorstops were there at the start and damaged during the tenancy, but there is no mention of doorstops in the ingoing report. The landlord has not proved this damage happened during the tenancy and these claims are dismissed.

I have not allowed the claims for damage to the bathroom door because I am more persuaded by the tenant’s explanation that the door jammed when the bath was running and they had to force the door to prevent a flood. I find this was neither careless nor intentional damage. This claim is dismissed.

I have not allowed the claim for damage to the paint on the rumpus room wall because the tenant said this happened in a flood. The tenant had the better evidence here. This claim is dismissed. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The tenant’s application for suppression is allowed because of the nature of the relationship with the ex-tenant.

Reasons

Claims and awards in Tenancy Tribunal application 4601609 — net $2,187.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: by consent	$382.38	Cleaning: by consent
Rubbish removal: by consent	$824.55	Rubbish removal: by consent
Replacement carpet - two bedrooms depreciated amount	$300.00	Replacement carpet - two bedrooms depreciated amount
Repairs	$660.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,187.37
Total payable by Tenant to Landlord	$2,187.37

Both parties attended the hearing.

Did the tenant comply with their obligations at the end of the tenancy?

Orders are made for cleaning and rubbish removal by consent.

Is the tenant responsible for the damage to the premises?

The claims for the basin and for the kitchen cupboard hinge were withdrawn at the hearing.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The tenant’s application for suppression is allowed because of the nature of the relationship with the ex-tenant.

Tenancy Tribunal case 4601609 — Property damage

At a glance

Tenancy Tribunal case 4601609 — Property damage

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

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

Frequently asked questions