What was the outcome of Tenancy Tribunal case 4646218?

The tribunal order states: James Wiremu Walker and William Walker must pay Inspire Real Estate

How much money was awarded in case 4646218?

Cleaning: $767.67 awarded to landlord; Expenses Incurred By Early Terminati…: $886.09 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $783.40 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $87.14 awarded to landlord

What type of tenancy dispute was case 4646218?

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

Where can I read the official tribunal order for case 4646218?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9608707-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4646218?

The tribunal order states: James Wiremu Walker and William Walker must pay Inspire Real Estate

How much money was awarded in case 4646218?

Cleaning: $767.67 awarded to landlord; Expenses Incurred By Early Terminati…: $886.09 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $783.40 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $87.14 awarded to landlord

What type of tenancy dispute was case 4646218?

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

Where can I read the official tribunal order for case 4646218?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9608707-Tenancy_Tribunal_Order.pdf.

Unit/Flat 301, 30 Shortfin Place, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4646218 — Property damage

Claims and awards in Tenancy Tribunal application 4646218 — net $754.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$87.14	Rent arrears
Lock/key replacement	$783.40	Lock/key replacement
Cleaning: and Repairs	$767.67	Cleaning: and Repairs
Insurance excess for front door damage	$650.00	Insurance excess for front door damage
Expenses incurred by early termination	$886.09	Expenses incurred by early termination
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$754.74
Total payable by Tenant to Landlord	$754.74

Order

James Wiremu Walker and William Walker must pay Inspire Real Estate Limited $754.74 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,440.00 (6475349-005) to Inspire Real Estate Limited immediately as calculated in the table below. All other claims by the applicant are dismissed. DescriptionLandlord Rent arrears$87.14 Lock/key replacement$783.40 Cleaning: and Repairs ($245.17 + $522.50)$767.67 Insurance excess for front door damage$650.00 Expenses incurred by early termination$886.09 Filing fee reimbursement$20.44 Total award$3,194.74 Minus Bond$2,440.00 Total payable by Tenant to Landlord$754.74

Reasons

The applicant landlord attended the hearing. There was no appearance for the tenant.
The landlord seeks payment of rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants rented a two-bedroom apartment in a large apartment block for a one-year fixed term to end on 23 December 2023.
The landlord advised that the tenancy ended on 20 July 2023. The tenants vacated the premises in early July without notice and the landlord agreed to end the fixed term early and advertised for new tenants. The new tenants moved in on 21 July 2023.

How much is owed for rent?

The tenants paid rent up to 19 July 2023. The landlord provided rent records which prove the amount owing for one day’s rent at the end of the tenancy in the sum of $87.14.

How much is owed for water rates?

The landlord sought the sum of $161.43 for outstanding water rates. However, on 5 July 2023 the Tribunal made an order for water rates of $153.55 and filing fee of $20.44 and recorded that this was for water owing at the end of the tenancy. As this matter has previously been decided the claim for water charges is dismissed.

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 landlord claimed that the tenant did not leave the premises reasonably clean and tidy and removed the smoke alarm and one door stop.
The tenant did not return the keys and fobs which are required to access the apartment block.
The landlord provided a copy of the entry and exit inspections. The Tribunal is satisfied that much of the premises were left reasonably clean and tidy, but that vacuuming was required and some further cleaning of the walls and the bathroom was needed to leave the whole premises reasonably clean and tidy.

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: (a) There was a dent in the wall in the hallway and in the lounge. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. There were other marks on the walls but the Tribunal considers there to be fair wear and tear. (b) The front door and lintel were intentionally damaged as the door was kicked in by the tenant. Photographs were provided. Compensation
The landlord has made a claim to insurance for the repair of the front door and is seeking reimbursement of the insurance excess. The landlord has provided insurance details. Reimbursement of the excess of $650.00 is ordered.
The landlord has also provided receipts for product purchased for the repairs. The receipts included are for painting products, the replacement smoke alarm and door stop totalling $245.17. This amount is ordered.
The landlord has provided one invoice which includes both the labour for cleaning and the damage repairs. The invoice is not a contractor’s invoice but was generated by the owner for work done and has been charged at a rate of $55.00 per hour for 19 hours. The Tribunal pays a conservative rate to owners who do the work themselves. The work refers to painting of 9 walls including the bedroom, however, the Tribunal has only found that damage beyond fair wear and tear was proved in the lounge and hallway. The invoice also refers to work beyond the scope of the cleaning required to leave the premises reasonably clean and tidy such as cleaning windows, skirtings and door frames. It is expected that owners may wish to clean to a higher standard to prepare for new tenants but that is not a charge to be passed on to the exiting tenant. Having considered the evidence, the Tribunal finds it is appropriate to order half the amount sought for labour in the sum of $522.50. Recovery of expenses incurred by the landlord s. 44A
The landlord seeks to recover reasonable expenses from the outgoing tenant incurred in respect of the early termination of the fixed term tenancy.
A landlord must provide an itemised account to a tenant of any expenses incurred in respect of agreeing to an assignment, parting with possession or termination of the tenancy. See section 44A Residential Tenancies Act 1986.
The property manager stated that there was a cost in reletting the premises. This is a cost that the agent may seek to recover from the owner.
The landlord produced an itemised account to the tenant detailing the work done to relet the premises. The total charged is $886.09. The Tribunal finds that this amount is proved, and it is ordered accordingly.
The landlord also sought reimbursement for the cost of obtaining a routine methamphetamine test in the sum of $228.85 and stated that because the tenancy ended early this was required to be done earlier that intended. An invoice dated 2 August 2023 was provided. As this invoice is dated after the new tenancy began and was not included in the itemised account, the amount sought will not be ordered. Filing fee
Because Inspire Real Estate Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4646218 — net $754.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$87.14	Rent arrears
Lock/key replacement	$783.40	Lock/key replacement
Cleaning: and Repairs	$767.67	Cleaning: and Repairs
Insurance excess for front door damage	$650.00	Insurance excess for front door damage
Expenses incurred by early termination	$886.09	Expenses incurred by early termination
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$754.74
Total payable by Tenant to Landlord	$754.74

Order

James Wiremu Walker and William Walker must pay Inspire Real Estate Limited $754.74 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,440.00 (6475349-005) to Inspire Real Estate Limited immediately as calculated in the table below. All other claims by the applicant are dismissed. DescriptionLandlord Rent arrears$87.14 Lock/key replacement$783.40 Cleaning: and Repairs ($245.17 + $522.50)$767.67 Insurance excess for front door damage$650.00 Expenses incurred by early termination$886.09 Filing fee reimbursement$20.44 Total award$3,194.74 Minus Bond$2,440.00 Total payable by Tenant to Landlord$754.74

Reasons

The applicant landlord attended the hearing. There was no appearance for the tenant.
The landlord seeks payment of rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants rented a two-bedroom apartment in a large apartment block for a one-year fixed term to end on 23 December 2023.
The landlord advised that the tenancy ended on 20 July 2023. The tenants vacated the premises in early July without notice and the landlord agreed to end the fixed term early and advertised for new tenants. The new tenants moved in on 21 July 2023.

How much is owed for rent?

The tenants paid rent up to 19 July 2023. The landlord provided rent records which prove the amount owing for one day’s rent at the end of the tenancy in the sum of $87.14.

How much is owed for water rates?

The landlord sought the sum of $161.43 for outstanding water rates. However, on 5 July 2023 the Tribunal made an order for water rates of $153.55 and filing fee of $20.44 and recorded that this was for water owing at the end of the tenancy. As this matter has previously been decided the claim for water charges is dismissed.

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 landlord claimed that the tenant did not leave the premises reasonably clean and tidy and removed the smoke alarm and one door stop.
The tenant did not return the keys and fobs which are required to access the apartment block.
The landlord provided a copy of the entry and exit inspections. The Tribunal is satisfied that much of the premises were left reasonably clean and tidy, but that vacuuming was required and some further cleaning of the walls and the bathroom was needed to leave the whole premises reasonably clean and tidy.

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: (a) There was a dent in the wall in the hallway and in the lounge. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. There were other marks on the walls but the Tribunal considers there to be fair wear and tear. (b) The front door and lintel were intentionally damaged as the door was kicked in by the tenant. Photographs were provided. Compensation
The landlord has made a claim to insurance for the repair of the front door and is seeking reimbursement of the insurance excess. The landlord has provided insurance details. Reimbursement of the excess of $650.00 is ordered.
The landlord has also provided receipts for product purchased for the repairs. The receipts included are for painting products, the replacement smoke alarm and door stop totalling $245.17. This amount is ordered.
The landlord has provided one invoice which includes both the labour for cleaning and the damage repairs. The invoice is not a contractor’s invoice but was generated by the owner for work done and has been charged at a rate of $55.00 per hour for 19 hours. The Tribunal pays a conservative rate to owners who do the work themselves. The work refers to painting of 9 walls including the bedroom, however, the Tribunal has only found that damage beyond fair wear and tear was proved in the lounge and hallway. The invoice also refers to work beyond the scope of the cleaning required to leave the premises reasonably clean and tidy such as cleaning windows, skirtings and door frames. It is expected that owners may wish to clean to a higher standard to prepare for new tenants but that is not a charge to be passed on to the exiting tenant. Having considered the evidence, the Tribunal finds it is appropriate to order half the amount sought for labour in the sum of $522.50. Recovery of expenses incurred by the landlord s. 44A
The landlord seeks to recover reasonable expenses from the outgoing tenant incurred in respect of the early termination of the fixed term tenancy.
A landlord must provide an itemised account to a tenant of any expenses incurred in respect of agreeing to an assignment, parting with possession or termination of the tenancy. See section 44A Residential Tenancies Act 1986.
The property manager stated that there was a cost in reletting the premises. This is a cost that the agent may seek to recover from the owner.
The landlord produced an itemised account to the tenant detailing the work done to relet the premises. The total charged is $886.09. The Tribunal finds that this amount is proved, and it is ordered accordingly.
The landlord also sought reimbursement for the cost of obtaining a routine methamphetamine test in the sum of $228.85 and stated that because the tenancy ended early this was required to be done earlier that intended. An invoice dated 2 August 2023 was provided. As this invoice is dated after the new tenancy began and was not included in the itemised account, the amount sought will not be ordered. Filing fee
Because Inspire Real Estate Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4646218 — Property damage at Unit/Flat 301, 30 Shortfin Place, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 4646218 — Property damage at Unit/Flat 301, 30 Shortfin Place, Flat Bush, Auckland 2019

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions