What was Tenancy Tribunal case 4645574 about?

The tribunal order states: Michael Duncan Laurens Carroll and Serena Anne Hughes must pay [The

How much money was awarded in case 4645574?

Cleaning: $1,000.00 awarded to landlord; Compensation: $1,000.00 awarded to landlord; Dismantle And Remove Structure Erect…: $1,000.00 awarded to landlord; Property Damage: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Landlord Material To Repaint Interio…: $481.21 awarded to landlord; Previous Order Application 4645574 D…: $342.85 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $55.00 awarded to landlord; Property Damage: $42.00 awarded to landlord; Replace Bathroom Shower Waste Cap: $70.00 awarded to landlord; Replace Missing Blinds From Bedroom…: $30.00 awarded to landlord; Replace Toilet Roll Holder: $20.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Smoke Alarms: $25.27 awarded to landlord; Water Rates: $511.40 awarded to landlord

What type of tenancy dispute was case 4645574?

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

Where can I read the official tribunal order for case 4645574?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9565821-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4645574 about?

The tribunal order states: Michael Duncan Laurens Carroll and Serena Anne Hughes must pay [The

How much money was awarded in case 4645574?

Cleaning: $1,000.00 awarded to landlord; Compensation: $1,000.00 awarded to landlord; Dismantle And Remove Structure Erect…: $1,000.00 awarded to landlord; Property Damage: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Landlord Material To Repaint Interio…: $481.21 awarded to landlord; Previous Order Application 4645574 D…: $342.85 awarded to landlord; Property Damage: $750.00 awarded to landlord; Property Damage: $55.00 awarded to landlord; Property Damage: $42.00 awarded to landlord; Replace Bathroom Shower Waste Cap: $70.00 awarded to landlord; Replace Missing Blinds From Bedroom…: $30.00 awarded to landlord; Replace Toilet Roll Holder: $20.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Smoke Alarms: $25.27 awarded to landlord; Water Rates: $511.40 awarded to landlord

What type of tenancy dispute was case 4645574?

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

Where can I read the official tribunal order for case 4645574?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9565821-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4645574 — Cleanliness

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 4645574 — net $6,348.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4645574 dated 28/08/2023	$342.85	Previous order application 4645574 dated 28/08/2023
Water rates	$511.40	Water rates
Replace missing smoke alarms	$25.27	Replace missing smoke alarms
Repair damage to garage door and roof facia (insurance excess	$750.00	Repair damage to garage door and roof facia (insurance excess
Replace carpet - compensation	$1,000.00	Replace carpet - compensation
Replace bathroom shower waste cap	$70.00	Replace bathroom shower waste cap
Replace toilet roll holder	$20.00	Replace toilet roll holder
Dismantle and remove structure erected by tenants	$1,000.00	Dismantle and remove structure erected by tenants
Cleaning - landlord time and labour	$1,000.00	Cleaning - landlord time and labour
Rubbish removal	$200.00	Rubbish removal
Replace damaged external power switch	$55.00	Replace damaged external power switch
Landlord material to repaint interior walls	$481.21	Landlord material to repaint interior walls
Replace missing blinds from bedroom 2	$30.00	Replace missing blinds from bedroom 2
Replace damaged shower door runners	$42.00	Replace damaged shower door runners
Exemplary damages - interference with means of escape from fire	$800.00	Exemplary damages - interference with means of escape from fire
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,348.17
Total payable by Tenant to Landlord	$6,348.17

Claims and awards in Tenancy Tribunal application 4645574 — net $6,348.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Previous order application 4645574 dated 28/08/2023

$342.85

Previous order application 4645574 dated 28/08/2023

Water rates

$511.40

Water rates

Replace missing smoke alarms

$25.27

Replace missing smoke alarms

Repair damage to garage door and roof facia (insurance excess

$750.00

Repair damage to garage door and roof facia (insurance excess

Replace carpet - compensation

$1,000.00

Replace carpet - compensation

Replace bathroom shower waste cap

$70.00

Replace bathroom shower waste cap

Replace toilet roll holder

$20.00

Replace toilet roll holder

Dismantle and remove structure erected by tenants

$1,000.00

Dismantle and remove structure erected by tenants

Cleaning - landlord time and labour

$1,000.00

Cleaning - landlord time and labour

Rubbish removal

$200.00

Rubbish removal

Replace damaged external power switch

$55.00

Replace damaged external power switch

Landlord material to repaint interior walls

$481.21

Landlord material to repaint interior walls

Replace missing blinds from bedroom 2

$30.00

Replace missing blinds from bedroom 2

Replace damaged shower door runners

$42.00

Replace damaged shower door runners

Exemplary damages - interference with means of escape from fire

$800.00

Exemplary damages - interference with means of escape from fire

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$6,348.17

Total payable by Tenant to Landlord

$6,348.17

Reasons

The landlord attended the hearing. The tenants did not attend.

At 9.40am today the tenant Mr Carroll emailed the registry to request an adjournment.

An adjournment request made that late is unlikely to be granted. Even if the other tenant could not attend the hearing, Mr Carroll could have and should have attended. The hearing proceeded as scheduled.

The landlord has applied for rent arrears, compensation, exemplary damages, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The Tribunal made an order for rent arrears and the bond on 28 August 2023. The balance of rent owing was $342.85. I have incorporated the balance of the earlier order into this order.

The tenants owed water rates at the end of the tenancy. The landlord produced the water rates invoices to prove the amount owing.

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). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.

The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord did considerable cleaning at the premises and is entitled to claim for the time spent. Had the landlord engaged a professional cleaner the claim would have been much higher.

The tenants erected a wooden structure at the premises which has to be removed. The landlord has accepted a quotation for that work.

The following chattels were missing at the end of the tenancy: the smoke alarms were missing as were blinds from bedroom 2. The shower waste cap and toilet roll holder were missing and had to be replaced.

The amounts ordered are proved by invoices and by the evidence [The landlord/s] gave at the hearing.

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.

The following damage was caused during the tenancy. Walls throughout the premises were damaged with multiple pin holes.

The carpets were soiled due to pet urine and staining and had to be replaced. The landlord has only applied for compensation of $1,000.00. Even allowing for depreciation (the carpets in 2 rooms were new just before the tenancy started; the remainder of the carpet was 11 years old or thereabouts) the Tribunal would have awarded a higher amount for this damage had the landlord claimed it.

The garage door and part of the external facia were damaged. The landlord’s insurer accepted a claim for this damage, so the tenants’ liability is limited to the amount of the excess on the landlord’s insurance policy.

An external power switch was damaged as were the shower door rollers.

The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The amounts ordered for damage are proved by invoices and photos and by the evidence [The landlord/s] gave at the hearing. Exemplary damages

The removal of the smoke alarms was a breach of section 40(2)(ab) of the RTA – interference with or rendering inoperative any means of escape from fire.

A breach of section 40(2)(ab) RTA is declared to be an unlawful act – see section 40(3A)(b) RTA.

Parliament provided for exemplary damages of up to $4,000.00 for this unlawful act.

Exemplary damages are designed to punish and to deter. They are like a fine in the civil context.

Section 109 RTA sets out the criteria that apply to unlawful acts. I must take into account the intent of the person in committing the unlawful act, the effect of the unlawful act, the interests of the unlawful act on the landlord, and the public interest.

The removal of smoke alarms is an intentional act. It meant the premises were not protected from fire. It exposed the landlord to risk – the premises could have burnt down. It is against the public interest for tenants to remove a means of escape from fire.

Smoke alarms go to the heart of tenant safety. Their removal also put the tenants at risk.

I find that the criteria for awarding exemplary damages are met in this case. I award the landlord $800.00 for the tenants’ unlawful act. Result

The tenants will pay the landlord $6,348.17 which includes reimbursement of the filing fee on the successful application. The landlord has already received the bond. Name suppression

The landlord applied for a name suppression order and is entitled to an order because the application is wholly successful – see section 95A RTA.

Claims and awards in Tenancy Tribunal application 4645574 — net $6,348.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4645574 dated 28/08/2023	$342.85	Previous order application 4645574 dated 28/08/2023
Water rates	$511.40	Water rates
Replace missing smoke alarms	$25.27	Replace missing smoke alarms
Repair damage to garage door and roof facia (insurance excess	$750.00	Repair damage to garage door and roof facia (insurance excess
Replace carpet - compensation	$1,000.00	Replace carpet - compensation
Replace bathroom shower waste cap	$70.00	Replace bathroom shower waste cap
Replace toilet roll holder	$20.00	Replace toilet roll holder
Dismantle and remove structure erected by tenants	$1,000.00	Dismantle and remove structure erected by tenants
Cleaning - landlord time and labour	$1,000.00	Cleaning - landlord time and labour
Rubbish removal	$200.00	Rubbish removal
Replace damaged external power switch	$55.00	Replace damaged external power switch
Landlord material to repaint interior walls	$481.21	Landlord material to repaint interior walls
Replace missing blinds from bedroom 2	$30.00	Replace missing blinds from bedroom 2
Replace damaged shower door runners	$42.00	Replace damaged shower door runners
Exemplary damages - interference with means of escape from fire	$800.00	Exemplary damages - interference with means of escape from fire
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,348.17
Total payable by Tenant to Landlord	$6,348.17