What was Tenancy Tribunal case 4611413 about?

The tribunal order states: [The tenant/s] to pay Buy West Realty Limited Acting $3,215.09 (the debt),

How much money was awarded in case 4611413?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4611413?

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

Where can I read the official tribunal order for case 4611413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10024199-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4611413 about?

The tribunal order states: [The tenant/s] to pay Buy West Realty Limited Acting $3,215.09 (the debt),

How much money was awarded in case 4611413?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4611413?

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

Where can I read the official tribunal order for case 4611413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10024199-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4611413 — Property damage

Order

[The tenant/s] to pay Buy West Realty Limited Acting $3,215.09 (the debt), calculated as follows: Claim DescriptionAmount Awarded Rent owed until 19 June 2023$436.43 Water rates$121.72 Cleaning and rubbish removal$2,000.00 Carpet cleaning due to animal odours$241.50 Repairing and repainting walls (holes and drawings)$395.00 Filing fee reimbursement to the landlord$20.44 Total$3,215.09
The Tenant will pay the debt as follows: a) The Tenant to make an initial payment of $500 on 1 March 2024. b) Subsequent payments of $50 shall be made weekly on a Friday, starting from the week following the initial payment, until the total debt of $3,215.09 is fully repaid.
This Order is made on the understanding that the payments will be made without default. Failure to comply with this Order may result in further legal actions.

Reasons

Both parties attended the hearing.
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 and water rates?

The tenancy ended on 19 June 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy: a. Rent: $436.43 to 19 June 2023 – agreed. b. Water: $121.72 – agreed.

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 is required to replace worn out smoke alarm batteries during the tenancy. See s 40(1)(ca) Residential Tenancies Act 1986. The Tenant must also replace standard light bulbs.
The Tenant acknowledged she had a hard time, with three kids, and a home to manage, all on her own.
It is acknowledged by the Tenant that she did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The Landlord is seeking a discounted sum of $2,000.00 for cleaning and rubbish removal. The Landlord’s evidence supports its claim, and the Tenant has not disputed it.
The Landlord is seeking $241.50 for carpet cleaning, which I approve, given the Landlord’s evidence of the presence of strong animal odours which required several attempts at professional carpet cleaning.

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.
There were holes in and drawing on walls at the end of the tenancy. The cost of repairing and repainting walls came to $395.00. The Tenant agrees there were holes in and drawing on the walls. The home was newly renovated with fresh paint on the walls, just prior to the commencement of the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
Because Buy West Realty Limited Acting Agent For Nilam And Lima Patel has wholly succeeded with the claim I must reimburse the filing fee of $20.44.
I grant name suppression to the Tenant due to her experienced hardships, including a difficult separation and the responsibility of caring for her young children. Publishing her identity could worsen her situation, impacting her and her children’s well-being. Therefore, in the interest of fairness and compassion, her name will be withheld from publication to protect her privacy and support her efforts to rebuild her life without the pressure of public scrutiny.

Tenancy Tribunal case 4611413 — Property damage

Tenancy Tribunal case 4611413 — Property damage

Order

Reasons

How much is owed for rent and water rates?

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

Is the tenant responsible for the damage to the premises?

Order

Reasons

How much is owed for rent and water rates?

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

Is the tenant responsible for the damage to the premises?