What was the outcome of Tenancy Tribunal case 4643144?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4643144?

Cleaning: $483.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $9,161.83 awarded to landlord; Replace Furnishings: Carpet: $350.00 awarded to landlord; Replace Furnishings: Curtains: $750.00 awarded to landlord; Replace Furnishings: Oven: $425.00 awarded to landlord

What type of tenancy dispute was case 4643144?

The primary dispute was Property damage. Related themes: Exemplary damages, Cleanliness.

Where can I read the official tribunal order for case 4643144?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9435414-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4643144?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4643144?

Cleaning: $483.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $9,161.83 awarded to landlord; Replace Furnishings: Carpet: $350.00 awarded to landlord; Replace Furnishings: Curtains: $750.00 awarded to landlord; Replace Furnishings: Oven: $425.00 awarded to landlord

What type of tenancy dispute was case 4643144?

The primary dispute was Property damage. Related themes: Exemplary damages, Cleanliness.

Where can I read the official tribunal order for case 4643144?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9435414-Tenancy_Tribunal_Order.pdf.

3 Waitai Street, Castlecliff, Whanganui 4501 Tenancy Tribunal Case 4643144 — Property damage

Claims and awards in Tenancy Tribunal application 4643144 — net $9,690.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$483.00	Cleaning
Replace furnishings: oven	$425.00	Replace furnishings: oven
Replace furnishings: carpet	$350.00	Replace furnishings: carpet
Replace furnishings: curtains	$750.00	Replace furnishings: curtains
Repairs	$9,161.83	Repairs
Exemplary damages	$500.00	25. The tenant is ordered to pay $500 exemplary damages.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,690.27
Total payable by Tenant to Landlord	$9,690.27

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Betty Cindy Cribb must pay Property Rentals Wanganui Limited as Agent For J Brownlee $9,690.27 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (5026623-003) to Property Rentals Wanganui Limited as Agent For J Brownlee immediately.

Reasons

The property manager, Ms Vicelich, appeared for the landlord. There was no appearance for the tenant.
The landlord has applied for compensation, refund of the bond, exemplary damages and reimbursement of the filing fee following the end of the tenancy.

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

The tenancy ended on 10 July 2023.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy.
The landlord provided the exit report, including photographs showing that the tenant did not leave the premises reasonably clean and tidy. The landlord submitted and invoice for $483.00 including GST for cleaning. The tenant is not required to give the property a deep clean, ready for the next tenant, only to leave the property reasonably clean and tidy. However, the manager said that amongst the items requiring cleaning, no cupboards had been wiped out, the toilet needed cleaning, there was extensive lime scale in the bathroom. I have decided the amount claimed is reasonable. The amount ordered is proved.
The landlord provided a quote for carpet cleaning. The carpet was recorded as being heavily stained, but they thought that most of the stains could be removed with a steam clean. The landlord decided to replace the carpet, but sought a contribution of $350 for cleaning based on the quote that was provided. Arguably, if the carpet was being replaced, then the tenant should not have to pay for cleaning. However, if the carpet had been maintained in better condition, it may not have needed any attention at all. I have decided $350 is reasonable. The amount ordered is proved.

Is the tenant responsible for the damage to the premises?

There was extensive damage to the property. The property manager said that the
Multiple holes in walls and doors had been filled but not done to a workmanlike standards. The oven door had been ripped off and cupboard doors damaged.
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.
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.
It was not possible to repair the oven and so it was replaced with a second hand one for $425.
None of the curtains remained. The amount claimed for curtains was $1,066 including GST. 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.
According to the IRD depreciation guides, the expected life of curtains in a rental property is 8 years, with a straightline depreciation rate of 17.5% and diminishing value rate of 25%. However, I accept that curtains often last much longer than that in a rental property. I have allowed $750 for replacement of curtains.
The entire property required plaster repairs, hole fixing and painting. Including GST, the amount claimed is $9,161.83.
The amounts ordered are proved.
Property Rentals Wanganui Limited As Agent For J Brownlee claims the tenant has not allowed them entry to the premises when they were entitled to enter.
A landlord may enter the premises during the tenancy with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.
Following a routine inspection on 9 March 2022, the landlord issued a notice to remedy the holes. When the landlord attended on 22 March 2023 to reinspect, having given further notice, the tenant would not allow full access to the property and became confrontational.
Notice was given for a further inspection on 15 June 2023. It was rescheduled to 22 June 2023 at the request of the tenant, but on that day, the tenant refused entry. Because she was hostile, the property manager could not insist on entry.
The tenant has provided no reasonable excuse for her actions. She was given proper notice for an inspection. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The tenant intentionally denied full access on one occasion and denied any access on another. There was already damage to the property and the landlord needed to be able to inspect the premises. The Act provides some protection of the tenant’s rights to quiet enjoyment of the property but the rights are not absolute. An owner or their agent is entitled to enter the property within the terms of the Act.
The tenant is ordered to pay $500 exemplary damages.
Because Property Rentals Wanganui Limited as Agent For J Brownlee has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4643144 — net $9,690.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$483.00	Cleaning
Replace furnishings: oven	$425.00	Replace furnishings: oven
Replace furnishings: carpet	$350.00	Replace furnishings: carpet
Replace furnishings: curtains	$750.00	Replace furnishings: curtains
Repairs	$9,161.83	Repairs
Exemplary damages	$500.00	25. The tenant is ordered to pay $500 exemplary damages.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,690.27
Total payable by Tenant to Landlord	$9,690.27

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Betty Cindy Cribb must pay Property Rentals Wanganui Limited as Agent For J Brownlee $9,690.27 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (5026623-003) to Property Rentals Wanganui Limited as Agent For J Brownlee immediately.

Reasons

The property manager, Ms Vicelich, appeared for the landlord. There was no appearance for the tenant.
The landlord has applied for compensation, refund of the bond, exemplary damages and reimbursement of the filing fee following the end of the tenancy.

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

The tenancy ended on 10 July 2023.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy.
The landlord provided the exit report, including photographs showing that the tenant did not leave the premises reasonably clean and tidy. The landlord submitted and invoice for $483.00 including GST for cleaning. The tenant is not required to give the property a deep clean, ready for the next tenant, only to leave the property reasonably clean and tidy. However, the manager said that amongst the items requiring cleaning, no cupboards had been wiped out, the toilet needed cleaning, there was extensive lime scale in the bathroom. I have decided the amount claimed is reasonable. The amount ordered is proved.
The landlord provided a quote for carpet cleaning. The carpet was recorded as being heavily stained, but they thought that most of the stains could be removed with a steam clean. The landlord decided to replace the carpet, but sought a contribution of $350 for cleaning based on the quote that was provided. Arguably, if the carpet was being replaced, then the tenant should not have to pay for cleaning. However, if the carpet had been maintained in better condition, it may not have needed any attention at all. I have decided $350 is reasonable. The amount ordered is proved.

Is the tenant responsible for the damage to the premises?

There was extensive damage to the property. The property manager said that the
Multiple holes in walls and doors had been filled but not done to a workmanlike standards. The oven door had been ripped off and cupboard doors damaged.
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.
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.
It was not possible to repair the oven and so it was replaced with a second hand one for $425.
None of the curtains remained. The amount claimed for curtains was $1,066 including GST. 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.
According to the IRD depreciation guides, the expected life of curtains in a rental property is 8 years, with a straightline depreciation rate of 17.5% and diminishing value rate of 25%. However, I accept that curtains often last much longer than that in a rental property. I have allowed $750 for replacement of curtains.
The entire property required plaster repairs, hole fixing and painting. Including GST, the amount claimed is $9,161.83.
The amounts ordered are proved.
Property Rentals Wanganui Limited As Agent For J Brownlee claims the tenant has not allowed them entry to the premises when they were entitled to enter.
A landlord may enter the premises during the tenancy with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.
Following a routine inspection on 9 March 2022, the landlord issued a notice to remedy the holes. When the landlord attended on 22 March 2023 to reinspect, having given further notice, the tenant would not allow full access to the property and became confrontational.
Notice was given for a further inspection on 15 June 2023. It was rescheduled to 22 June 2023 at the request of the tenant, but on that day, the tenant refused entry. Because she was hostile, the property manager could not insist on entry.
The tenant has provided no reasonable excuse for her actions. She was given proper notice for an inspection. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
The tenant intentionally denied full access on one occasion and denied any access on another. There was already damage to the property and the landlord needed to be able to inspect the premises. The Act provides some protection of the tenant’s rights to quiet enjoyment of the property but the rights are not absolute. An owner or their agent is entitled to enter the property within the terms of the Act.
The tenant is ordered to pay $500 exemplary damages.
Because Property Rentals Wanganui Limited as Agent For J Brownlee has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4643144 — Property damage at 3 Waitai Street, Castlecliff, Whanganui 4501

At a glance

Tenancy Tribunal case 4643144 — Property damage at 3 Waitai Street, Castlecliff, Whanganui 4501

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

Property management

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

Property management

Frequently asked questions