What was the outcome of Tenancy Tribunal case 4615009?

The tribunal order states: Aimee Maree Harborne must pay Advantage Realty Limited T/A Harcourts

How much money was awarded in case 4615009?

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 4615009?

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

Where can I read the official tribunal order for case 4615009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9954644-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4615009?

The tribunal order states: Aimee Maree Harborne must pay Advantage Realty Limited T/A Harcourts

How much money was awarded in case 4615009?

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 4615009?

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

Where can I read the official tribunal order for case 4615009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9954644-Tenancy_Tribunal_Order.pdf.

76B Windsor Road, Bellevue, Tauranga 3110 Tenancy Tribunal Case 4615009 — Cleanliness

Order

Aimee Maree Harborne must pay Advantage Realty Limited T/A Harcourts Tauranga As Agent For Anthony Arlidge $4,120.82 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (5177656-012) to Advantage Realty Limited T/A Harcourts Tauranga As Agent For Anthony Arlidge immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 6 June 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. I am satisfied there was an overpayment of $180.00 for rent which was applied to the amount owing for water bills. I make an order of $180.43 for water rates.

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 section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy in some minor places, the carpets were stained and there was evidence of cat urine, and the garden needed some work to restore it to a reasonable standard. I award $110.00 for the cleaning bill as claimed, $316.00 for carpet cleaning, and $80.00 for the garden bill as fair, reasonable, and proportionate compensation.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord is seeking $349.82 for a new bedroom door, and the insurance excess of $1,150.00 for painting, $1,150.00 for the benchtop, and $1,150.00 for the carpet (which all individually exceed the excess on the invoices provided). The landlord seeks the full amount of $2439.00 for replacement curtains.
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.
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: bedroom door, paintwork in lounge and bedrooms, benchtop, carpet in the lounge damaged by cat urine, and the sheer curtains had holes throughout. The damage to the bedroom door, paintwork, benchtop, and lounge carpet is more than fair wear and tear, and the tenant has not disproved liability for the careless damage. I have taken into account some wear and tear on the walls, but the landlord is only seeking one insurance excess for all of the rooms/areas involved in any event.
The amounts ordered are proved.
I find that the damage to the sheer curtains can be classified as intentional type damage. The photographs provided by the landlord show damage which I find consistent with the evidence of cats at the premises in breach of the tenancy agreement and likely by someone deliberately opening/closing windows through the curtains. I find it unlikely that all of the curtains were damaged by catching on windows and handles as suggested by the tenant.
I award $2134.13 which takes into account one year of depreciation as the curtains were new at the start of the tenancy.
As Advantage Realty Limited T/A Harcourts Tauranga As Agent For Anthony Arlidge has substantially succeeded with the claim, Ms Harborne must reimburse the filing fee.

Order

Aimee Maree Harborne must pay Advantage Realty Limited T/A Harcourts Tauranga As Agent For Anthony Arlidge $4,120.82 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (5177656-012) to Advantage Realty Limited T/A Harcourts Tauranga As Agent For Anthony Arlidge immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 6 June 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. I am satisfied there was an overpayment of $180.00 for rent which was applied to the amount owing for water bills. I make an order of $180.43 for water rates.

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 section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy in some minor places, the carpets were stained and there was evidence of cat urine, and the garden needed some work to restore it to a reasonable standard. I award $110.00 for the cleaning bill as claimed, $316.00 for carpet cleaning, and $80.00 for the garden bill as fair, reasonable, and proportionate compensation.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord is seeking $349.82 for a new bedroom door, and the insurance excess of $1,150.00 for painting, $1,150.00 for the benchtop, and $1,150.00 for the carpet (which all individually exceed the excess on the invoices provided). The landlord seeks the full amount of $2439.00 for replacement curtains.
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.
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: bedroom door, paintwork in lounge and bedrooms, benchtop, carpet in the lounge damaged by cat urine, and the sheer curtains had holes throughout. The damage to the bedroom door, paintwork, benchtop, and lounge carpet is more than fair wear and tear, and the tenant has not disproved liability for the careless damage. I have taken into account some wear and tear on the walls, but the landlord is only seeking one insurance excess for all of the rooms/areas involved in any event.
The amounts ordered are proved.
I find that the damage to the sheer curtains can be classified as intentional type damage. The photographs provided by the landlord show damage which I find consistent with the evidence of cats at the premises in breach of the tenancy agreement and likely by someone deliberately opening/closing windows through the curtains. I find it unlikely that all of the curtains were damaged by catching on windows and handles as suggested by the tenant.
I award $2134.13 which takes into account one year of depreciation as the curtains were new at the start of the tenancy.
As Advantage Realty Limited T/A Harcourts Tauranga As Agent For Anthony Arlidge has substantially succeeded with the claim, Ms Harborne must reimburse the filing fee.

Tenancy Tribunal case 4615009 — Cleanliness at 76B Windsor Road, Bellevue, Tauranga 3110

Tenancy Tribunal case 4615009 — Cleanliness at 76B Windsor Road, Bellevue, Tauranga 3110

Order

Reasons

How much is owed for 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?

Property management

Order

Reasons

How much is owed for 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?

Property management