What was the outcome of Tenancy Tribunal case 4658009?

The tribunal order states: Denise Patea must pay Rental Hq Limited - As Agent For Karan Khanna

How much money was awarded in case 4658009?

Bailiffs Fee: $200.00 awarded to landlord; Cleaning: $1,288.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $92.00 awarded to landlord; Property Damage: $632.50 awarded to landlord; Painting: $517.50 awarded to landlord; Waste Disposal: $550.00 awarded to landlord; Rubbish Removal: $322.00 awarded to landlord; Water Rates: $85.94 awarded to landlord

What type of tenancy dispute was case 4658009?

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

Where can I read the official tribunal order for case 4658009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9968347-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4658009?

The tribunal order states: Denise Patea must pay Rental Hq Limited - As Agent For Karan Khanna

How much money was awarded in case 4658009?

Bailiffs Fee: $200.00 awarded to landlord; Cleaning: $1,288.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $92.00 awarded to landlord; Property Damage: $632.50 awarded to landlord; Painting: $517.50 awarded to landlord; Waste Disposal: $550.00 awarded to landlord; Rubbish Removal: $322.00 awarded to landlord; Water Rates: $85.94 awarded to landlord

What type of tenancy dispute was case 4658009?

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

Where can I read the official tribunal order for case 4658009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9968347-Tenancy_Tribunal_Order.pdf.

16 Biplane Street, Takanini, Takanini 2112 Tenancy Tribunal Case 4658009 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4658009 — net $3,708.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to 11 July 2023	$85.94	2. The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Lock/key replacement	$632.50	Lock/key replacement
Lawns and Garden work	$92.00	Lawns and Garden work
Rubbish removal	$322.00	Rubbish removal
Repairs: Waste disposal	$550.00	Repairs: Waste disposal
Repairs: Painting	$517.50	Repairs: Painting
Cleaning	$1,288.00	Cleaning
Bailiffs fee	$200.00	Bailiffs fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,708.38
Total payable by Tenant to Landlord	$3,708.38

The Landlord attended the hearing. The Tenant did not appear.

The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates arrears?

The tenancy ended on 11 July 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. Bailiffs fee

The Landlord required a Bailiff to attend the property on or about 13 July 2023 to evict the Tenant. An invoice for the Bailiffs fee was provided.

The amount ordered is proved.

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. Photographs of the cleaning required, overgrown grass and rubbish left behind were provided. An outgoing inspection report and invoices were also provided.

The Landlord claimed two cleaning invoices as the cleaners had to return to the property when the Tenant’s transport broke down and she was unable to complete it. The cleaning invoices indicated a deep clean on 8 August 2023 for $1,288.00 and further cleaning for $299.00 dated 28 July 2023. I have only awarded the cleaning which was completed with the rubbish removal and lawns on 8 August 2023. The further cleaning invoice referred to house cleaning is declined as the deep clean covered these areas on 8 August 2023.

The tenant did not return the keys. Six door locks required changing plus a replacement remote for the garage. An invoice was provided to substantiate the costs.

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 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: damage to the walls, waste removal master and roller blinds. Photographs were provided of the scuff marks and dents caused in the hallway and entrance way, the waste master damage and the damaged roller blinds that were partially removed or had the chains missing. Painting was required to repair the walls. Invoices were provided to substantiate the costs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

As Rental Hq Limited - As Agent For Karan Khanna has substantially succeeded with their claims, the Tenant must reimburse the filing fee.

As name suppression has not been sought, this has not been granted to the Landlord.

Claims and awards in Tenancy Tribunal application 4658009 — net $3,708.38 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to 11 July 2023	$85.94	2. The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Lock/key replacement	$632.50	Lock/key replacement
Lawns and Garden work	$92.00	Lawns and Garden work
Rubbish removal	$322.00	Rubbish removal
Repairs: Waste disposal	$550.00	Repairs: Waste disposal
Repairs: Painting	$517.50	Repairs: Painting
Cleaning	$1,288.00	Cleaning
Bailiffs fee	$200.00	Bailiffs fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,708.38
Total payable by Tenant to Landlord	$3,708.38

Order

Denise Patea must pay Rental Hq Limited - As Agent For Karan Khanna $3,708.38 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenant did not appear.
The landlord has applied for water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates arrears?

The tenancy ended on 11 July 2023. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. Bailiffs fee
The Landlord required a Bailiff to attend the property on or about 13 July 2023 to evict the Tenant. An invoice for the Bailiffs fee was provided.
The amount ordered is proved.

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. Photographs of the cleaning required, overgrown grass and rubbish left behind were provided. An outgoing inspection report and invoices were also provided.
The Landlord claimed two cleaning invoices as the cleaners had to return to the property when the Tenant’s transport broke down and she was unable to complete it. The cleaning invoices indicated a deep clean on 8 August 2023 for $1,288.00 and further cleaning for $299.00 dated 28 July 2023. I have only awarded the cleaning which was completed with the rubbish removal and lawns on 8 August 2023. The further cleaning invoice referred to house cleaning is declined as the deep clean covered these areas on 8 August 2023.
The tenant did not return the keys. Six door locks required changing plus a replacement remote for the garage. An invoice was provided to substantiate the costs.
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 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: damage to the walls, waste removal master and roller blinds. Photographs were provided of the scuff marks and dents caused in the hallway and entrance way, the waste master damage and the damaged roller blinds that were partially removed or had the chains missing. Painting was required to repair the walls. Invoices were provided to substantiate the costs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
As Rental Hq Limited - As Agent For Karan Khanna has substantially succeeded with their claims, the Tenant must reimburse the filing fee.
As name suppression has not been sought, this has not been granted to the Landlord.

Tenancy Tribunal case 4658009 — Property damage at 16 Biplane Street, Takanini, Takanini 2112

At a glance

Tenancy Tribunal case 4658009 — Property damage at 16 Biplane Street, Takanini, Takanini 2112

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates arrears?

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 water rates arrears?

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