What was the outcome of Tenancy Tribunal case 4604929?

The tribunal order states: Kimberley Maha, Rebecca Kate Burgess, Liam Clews, John (Jack) Christopher

How much money was awarded in case 4604929?

Cleaning: $322.00 awarded to landlord; Property Damage: $40.50 awarded to landlord; Rent Arrears: $162.00 awarded to landlord; Curtains: $360.00 awarded to landlord

What type of tenancy dispute was case 4604929?

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

Where can I read the official tribunal order for case 4604929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9511717-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4604929?

The tribunal order states: Kimberley Maha, Rebecca Kate Burgess, Liam Clews, John (Jack) Christopher

How much money was awarded in case 4604929?

Cleaning: $322.00 awarded to landlord; Property Damage: $40.50 awarded to landlord; Rent Arrears: $162.00 awarded to landlord; Curtains: $360.00 awarded to landlord

What type of tenancy dispute was case 4604929?

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

Where can I read the official tribunal order for case 4604929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9511717-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 27 St Georges Bay Road, Parnell, Auckland Tenancy Tribunal Case 4604929 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4604929 — net $884.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$162.00	Rent arrears
Repairs: curtains	$360.00	Repairs: curtains
Carpet Cleaning	$322.00	Carpet Cleaning
Replacement of oven knob	$40.50	Replacement of oven knob
Net award	$884.50
Total payable by Tenant to Landlord	$884.50

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation and refund of the bond, following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 22 April 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Against the rent records, I have awarded a rent rebate of $230.00 for 9 weeks in which one of the bedrooms were uninhabitable/unusable due to the January 2023 Auckland Anniversary weather events.

The amount ordered on rent arrears takes into account a total rent rebate of $2,070.00.

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 carpet reasonably clean. I award the amounts sought for carpet stain removal.

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.

The following damage were caused during the tenancy: walls, curtains, decks (rust stained), kitchen bench (stained) and broken kitchen knob.

I do not consider the damage to the decks and kitchen bench to be beyond fair wear and tear.

The damaged walls, kitchen knob and curtains, are more than fair wear and tear. The tenant has not disproved liability for the damage to the curtains and kitchen knob.

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 claim for full replacement of 4 kitchen knobs fails for that reason.

The tenant has disproved liability to the walls; the landlord only produced a quote for $400.00 dated in May 2023. No further evidence/material has been provided to show that repairs were actually undertaken; it has been almost 6 months since the end of the tenancy.

Only the amounts ordered are proved.

The bond is now disbursed based on the amounts proved.

Claims and awards in Tenancy Tribunal application 4604929 — net $884.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$162.00	Rent arrears
Repairs: curtains	$360.00	Repairs: curtains
Carpet Cleaning	$322.00	Carpet Cleaning
Replacement of oven knob	$40.50	Replacement of oven knob
Net award	$884.50
Total payable by Tenant to Landlord	$884.50

Order

Kimberley Maha, Rebecca Kate Burgess, Liam Clews, John (Jack) Christopher Griffin and Bradley King to pay Barfoot & Thompson Limited Parnell As Agent For Sarah Garlick Family Trust $884.50 from the bond, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and refund of the bond, following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 22 April 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Against the rent records, I have awarded a rent rebate of $230.00 for 9 weeks in which one of the bedrooms were uninhabitable/unusable due to the January 2023 Auckland Anniversary weather events.
The amount ordered on rent arrears takes into account a total rent rebate of $2,070.00.

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 carpet reasonably clean. I award the amounts sought for carpet stain removal.

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.
The following damage were caused during the tenancy: walls, curtains, decks (rust stained), kitchen bench (stained) and broken kitchen knob.
I do not consider the damage to the decks and kitchen bench to be beyond fair wear and tear.
The damaged walls, kitchen knob and curtains, are more than fair wear and tear. The tenant has not disproved liability for the damage to the curtains and kitchen knob.
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 claim for full replacement of 4 kitchen knobs fails for that reason.
The tenant has disproved liability to the walls; the landlord only produced a quote for $400.00 dated in May 2023. No further evidence/material has been provided to show that repairs were actually undertaken; it has been almost 6 months since the end of the tenancy.
Only the amounts ordered are proved.
The bond is now disbursed based on the amounts proved.

Tenancy Tribunal case 4604929 — Property damage at Unit/Flat 1, 27 St Georges Bay Road, Parnell, Auckland

At a glance

Tenancy Tribunal case 4604929 — Property damage at Unit/Flat 1, 27 St Georges Bay Road, Parnell, Auckland

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