How much money was awarded in case 4655481?

Cleaning: $390.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $349.20 awarded to landlord; Property Damage: $1,082.20 awarded to landlord; Property Damage: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4655481?

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

Where can I read the official tribunal order for case 4655481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9462979-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4655481?

Cleaning: $390.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $349.20 awarded to landlord; Property Damage: $1,082.20 awarded to landlord; Property Damage: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4655481?

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

Where can I read the official tribunal order for case 4655481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9462979-Tenancy_Tribunal_Order.pdf.

64 Snell Drive, Chartwell, Hamilton 3210 Tenancy Tribunal Case 4655481 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4655481?

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

Order

Claims and awards in Tenancy Tribunal application 4655481 — net $1,441.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement	$1,082.20	Carpet replacement
Cleaning	$390.00	Cleaning
Rubbish removal and lawns and gardens	$349.20	Rubbish removal and lawns and gardens
Repairs - painting	$2,000.00	Repairs - painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,441.84
Total payable by Tenant to Landlord	$1,441.84

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Rangiao Rawiri must pay Fahey Property Management Limited As Agent For Davinder Singh $1,441.84 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,400.00 (3264865-006) to Fahey Property Management Limited As Agent For Davinder Singh immediately.

Reasons

Only the applicant attended the hearing.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 5 July 2023. The rent was paid until 1 July and the landlord is not seeking any arrears.

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, and did not remove all rubbish. The cleaning cost is reduced to reflect that the tenant is not required to leave the premises spotless or in a condition where the property can be put on the market for sale.

The amounts ordered are proved.

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 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: the carpets were badly stained throughout the house. The stains could not be removed by cleaning. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Several walls and doors and kitchen surfaces were damaged and scribbled on with stains that could not be removed. The landlords excess is $500 per room and I have allowed four excesses to reflect the damage to the walls in 2 bedrooms, the extensive scribbling and stains on the doors and the kitchen surfaces.

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 considered the age and condition of the carpet and the paintwork at the start of the tenancy and their likely useful lifespan. The carpet was three years old so 40% depreciation is applied. The painting was also three years old, applying the excess to the damaged rooms results in an award less than 30% depreciation would, but as I am not persuaded all rooms needed to be repainted because of the tenant’s actions, I have decided this is the fairest assessment of the tenant liability.

Because Fahey Property Management Limited As Agent For Davinder Singh has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4655481 — net $1,441.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement	$1,082.20	Carpet replacement
Cleaning	$390.00	Cleaning
Rubbish removal and lawns and gardens	$349.20	Rubbish removal and lawns and gardens
Repairs - painting	$2,000.00	Repairs - painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,441.84
Total payable by Tenant to Landlord	$1,441.84

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Rangiao Rawiri must pay Fahey Property Management Limited As Agent For Davinder Singh $1,441.84 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (3264865-006) to Fahey Property Management Limited As Agent For Davinder Singh immediately.

Reasons

Only the applicant attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 5 July 2023. The rent was paid until 1 July and the landlord is not seeking any arrears.

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, and did not remove all rubbish. The cleaning cost is reduced to reflect that the tenant is not required to leave the premises spotless or in a condition where the property can be put on the market for sale.
The amounts ordered are proved.

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 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: the carpets were badly stained throughout the house. The stains could not be removed by cleaning. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Several walls and doors and kitchen surfaces were damaged and scribbled on with stains that could not be removed. The landlords excess is $500 per room and I have allowed four excesses to reflect the damage to the walls in 2 bedrooms, the extensive scribbling and stains on the doors and the kitchen surfaces.
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 considered the age and condition of the carpet and the paintwork at the start of the tenancy and their likely useful lifespan. The carpet was three years old so 40% depreciation is applied. The painting was also three years old, applying the excess to the damaged rooms results in an award less than 30% depreciation would, but as I am not persuaded all rooms needed to be repainted because of the tenant’s actions, I have decided this is the fairest assessment of the tenant liability.
Because Fahey Property Management Limited As Agent For Davinder Singh has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4655481 — Property damage at 64 Snell Drive, Chartwell, Hamilton 3210

At a glance

Tenancy Tribunal case 4655481 — Property damage at 64 Snell Drive, Chartwell, Hamilton 3210

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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