What was the outcome of Tenancy Tribunal case 4656170?

The tribunal order states: Taine Regeling, George Roche, Kaea Kahu and Zenith Matthews must pay

How much money was awarded in case 4656170?

Cleaning: $675.00 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $289.55 awarded to landlord; Property Damage: $294.23 awarded to landlord; Property Damage: $1,100.00 awarded to landlord; Property Damage: $626.46 awarded to landlord; Property Damage: $30.02 awarded to landlord; Property Damage: $366.88 awarded to landlord; Rent Arrears: $3,229.64 awarded to landlord; Property Damage: $1,578.38 awarded to landlord; Rubbish Removal: $649.75 awarded to landlord

What type of tenancy dispute was case 4656170?

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

Where can I read the official tribunal order for case 4656170?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9635555-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4656170?

The tribunal order states: Taine Regeling, George Roche, Kaea Kahu and Zenith Matthews must pay

How much money was awarded in case 4656170?

Cleaning: $675.00 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $289.55 awarded to landlord; Property Damage: $294.23 awarded to landlord; Property Damage: $1,100.00 awarded to landlord; Property Damage: $626.46 awarded to landlord; Property Damage: $30.02 awarded to landlord; Property Damage: $366.88 awarded to landlord; Rent Arrears: $3,229.64 awarded to landlord; Property Damage: $1,578.38 awarded to landlord; Rubbish Removal: $649.75 awarded to landlord

What type of tenancy dispute was case 4656170?

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

Where can I read the official tribunal order for case 4656170?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9635555-Tenancy_Tribunal_Order.pdf.

17 Awarua Street, Ngaio, Wellington 6035 Tenancy Tribunal Case 4656170 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4656170 — net $6,780.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 June 2023	$3,229.64	Rent arrears to 7 June 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$600.00	Cleaning
Window repairs	$289.55	Window repairs
Window repairs	$294.23	Window repairs
Carpet Cleaning	$675.00	Carpet Cleaning
Insurance excess replacement carpet	$1,100.00	Insurance excess replacement carpet
Rubbish removal	$649.75	Rubbish removal
Repairs: to doors and walls, including a replacement door	$1,578.38	Repairs: to doors and walls, including a replacement door
Lawns and Garden work	$200.00	he photos and I am persuaded by this submission. The tenants are ordered to pay $200 instead for clearing down each side of the driveway.
Replacement wardrobe door	$626.46	Replacement wardrobe door
Lock/key replacement	$30.02	Lock/key replacement
Replacement lights x 3	$366.88	Replacement lights x 3
Net award	$6,780.35
Total payable by Tenant to Landlord	$6,780.35

Taine Regeling, George Roche, Kaea Kahu and Zenith Matthews must pay Team Group Rentals Limited As Agent For Nicole Lewis $6,780.35 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,880.00 (5334584-009) to Team Group Rentals Limited As Agent For Nicole Lewis immediately.

Reasons

Both parties attended the hearing. The landlord was represented by Ms McKewen and Ms Billing. The tenants were represented by Mr Regeling and Mr Matthews.

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

Not all of the claim had been served on the tenants. They waived their right to notice at the hearing.

How much is owed for rent?

The tenancy ended on 7 June 2023 after the tenant gave their 28 day notice.

The landlord submitted the tenants should pay rent though to 20 June because they were missing three keys and because the tenants left three sofas and a mattress at the house. I do not allow the claim for rent arrears after 7 June because tenancies end when the notice ends. There are provisions in the Residential Tenancies Act 1086 (RTA) which allow a landlord to claim the cost of replacing keys and for dealing with belongings left at the tenancy premises. The landlord does not get to wait and charge rent until it decides to finalise matters.

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount owed is agreed.

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) RTA.

The landlord provided photos taken at the end of the tenancy. I can see the tenants did not leave the premises reasonably clean and tidy and they did not remove all rubbish.

The tenants submitted that the landlord should pay for cleaning mould because the house was damp and they struggled with mould during the tenancy. In reply, the landlord said they were never advised there was damp and mould. Most of the mould mentioned in the cleaning invoice is on the ceilings. I find the tenants should not have to pay for cleaning any of the ceilings because cleaning mould and cobwebs off ceilings between tenancies is maintenance, and not a tenant responsibility.

I have carefully considered the photos and I find $600 is a reasonable amount for cleaning.

The tenants did not return all the keys. The tenants agree to pay for the replacement keys.

The tenants questioned an invoice for tidying the edges and lawn mowing for the area down the side of the house. They said they thought this belonged to the neighbouring property. I have seen the photos and I am persuaded by this submission. The tenants are ordered to pay $200 instead for clearing down each side of the driveway.

Are the tenants 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 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. See section 49B(3)(a) RTA.

The claim for replacement carpet in the lounge/dining area and the stairs is proved and allowed. The landlord provided good evidence of the condition of the carpet at the start of the tenancy, good photos of the damage at the end of the tenancy showing the stains, a comprehensive report from Jae, and information from the insurer. The insurance excess of $1,100 is less than four weeks of rent.

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.

There was damage to walls, doors and windows during the tenancy. Some lights fittings were also damaged. The tenants saw the photos and the invoices. With the exception of one window they accepted responsibility for the damage and the cost of repairs.

The tenants submitted that one of the windows was broken by a possum. I am not persuaded by this explanation given the large amount of damage in the house. The tenants must pay for the repairs to both windows.

The amounts ordered are proved. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4656170 — net $6,780.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 June 2023	$3,229.64	Rent arrears to 7 June 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$600.00	Cleaning
Window repairs	$289.55	Window repairs
Window repairs	$294.23	Window repairs
Carpet Cleaning	$675.00	Carpet Cleaning
Insurance excess replacement carpet	$1,100.00	Insurance excess replacement carpet
Rubbish removal	$649.75	Rubbish removal
Repairs: to doors and walls, including a replacement door	$1,578.38	Repairs: to doors and walls, including a replacement door
Lawns and Garden work	$200.00	he photos and I am persuaded by this submission. The tenants are ordered to pay $200 instead for clearing down each side of the driveway.
Replacement wardrobe door	$626.46	Replacement wardrobe door
Lock/key replacement	$30.02	Lock/key replacement
Replacement lights x 3	$366.88	Replacement lights x 3
Net award	$6,780.35
Total payable by Tenant to Landlord	$6,780.35

Order

Taine Regeling, George Roche, Kaea Kahu and Zenith Matthews must pay Team Group Rentals Limited As Agent For Nicole Lewis $6,780.35 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,880.00 (5334584-009) to Team Group Rentals Limited As Agent For Nicole Lewis immediately.

Reasons

Both parties attended the hearing. The landlord was represented by Ms McKewen and Ms Billing. The tenants were represented by Mr Regeling and Mr Matthews.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Not all of the claim had been served on the tenants. They waived their right to notice at the hearing.

How much is owed for rent?

The tenancy ended on 7 June 2023 after the tenant gave their 28 day notice.
The landlord submitted the tenants should pay rent though to 20 June because they were missing three keys and because the tenants left three sofas and a mattress at the house. I do not allow the claim for rent arrears after 7 June because tenancies end when the notice ends. There are provisions in the Residential Tenancies Act 1086 (RTA) which allow a landlord to claim the cost of replacing keys and for dealing with belongings left at the tenancy premises. The landlord does not get to wait and charge rent until it decides to finalise matters.
The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount owed is agreed.

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) RTA.
The landlord provided photos taken at the end of the tenancy. I can see the tenants did not leave the premises reasonably clean and tidy and they did not remove all rubbish.
The tenants submitted that the landlord should pay for cleaning mould because the house was damp and they struggled with mould during the tenancy. In reply, the landlord said they were never advised there was damp and mould. Most of the mould mentioned in the cleaning invoice is on the ceilings. I find the tenants should not have to pay for cleaning any of the ceilings because cleaning mould and cobwebs off ceilings between tenancies is maintenance, and not a tenant responsibility.
I have carefully considered the photos and I find $600 is a reasonable amount for cleaning.
The tenants did not return all the keys. The tenants agree to pay for the replacement keys.
The tenants questioned an invoice for tidying the edges and lawn mowing for the area down the side of the house. They said they thought this belonged to the neighbouring property. I have seen the photos and I am persuaded by this submission. The tenants are ordered to pay $200 instead for clearing down each side of the driveway.

Are the tenants 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 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. See section 49B(3)(a) RTA.
The claim for replacement carpet in the lounge/dining area and the stairs is proved and allowed. The landlord provided good evidence of the condition of the carpet at the start of the tenancy, good photos of the damage at the end of the tenancy showing the stains, a comprehensive report from Jae, and information from the insurer. The insurance excess of $1,100 is less than four weeks of rent.
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.
There was damage to walls, doors and windows during the tenancy. Some lights fittings were also damaged. The tenants saw the photos and the invoices. With the exception of one window they accepted responsibility for the damage and the cost of repairs.
The tenants submitted that one of the windows was broken by a possum. I am not persuaded by this explanation given the large amount of damage in the house. The tenants must pay for the repairs to both windows.
The amounts ordered are proved. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4656170 — Property damage at 17 Awarua Street, Ngaio, Wellington 6035

At a glance

Tenancy Tribunal case 4656170 — Property damage at 17 Awarua Street, Ngaio, Wellington 6035

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?

Are the tenants 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?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions