What was the outcome of Tenancy Tribunal case 4660029?

The tribunal order states: Rozsa Szamosfalvi must pay The Rent Shop Limited As Agent For Mr And Mrs

How much money was awarded in case 4660029?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4660029?

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

Where can I read the official tribunal order for case 4660029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9570809-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4660029?

The tribunal order states: Rozsa Szamosfalvi must pay The Rent Shop Limited As Agent For Mr And Mrs

How much money was awarded in case 4660029?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4660029?

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

Where can I read the official tribunal order for case 4660029?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9570809-Tenancy_Tribunal_Order.pdf.

247 Vanguard Street, Nelson South, Nelson 7010 Tenancy Tribunal Case 4660029 — Property damage

Order

Rozsa Szamosfalvi must pay The Rent Shop Limited As Agent For Mr And Mrs Stevens & Simms $3,741.55 immediately, calculated as shown in table below.
The Rent Shop Limited As Agent For Mr And Mrs Stevens & Simms must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The proceeds of any sale is to be applied against the debt

Reasons

The landlord attended the hearing. Ms Georgina Lupton represented the landlord. There was no appearance by the tenant. Based on email exchanges between the parties recently, as well as Registry records, I was satisfied the tenant had been served appropriately.
The landlord has applied for final rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 18 May 2023 via a previous Tribunal order [TT4538629 dated 18 May 2023]. That order terminated the tenancy immediately and made orders for rent arrears up to that date. That order is currently under enforcement action and it is not joined to this order.
The tenant did not vacate as ordered and court enforcement of possession was required. This took place on 29 May 2023 when possession was returned to the landlord. The landlord provided rent records which prove the amount owing for the period 19 May-29 May 2023 was $864.28.
This final rent payment is ordered.

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 landlord produced a large number of photographs in support of a number of detailed invoices. Having reviewed and heard the submissions of Ms Lupton, I am satisfied the claims for the cleaning and related activities of $1,217.85, lawn mowing of $50.00, the rehanging drapes and related tasks of $161.80, and the rubbish/contents removal of $589.18 are evidenced and should all be awarded in full.
The tenant did not return the keys. A locksmith attended at a cost of $148.00. This is awarded.
The landlord had to repair an electrical fitting and replace light bulbs. These costs to the landlord are proven and compensated at $100.00, being part contribution to an electrical invoice total of $861.60. The bulk of that invoice cost was not for any evidenced tenant liable costs.
The landlord had to replace a smoke alarm at a cost of $40.00. A photo and invoice evidence this.
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 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.
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 premises were badly damaged at the end of the tenancy, primarily the walls and a broken window. The cost of repair was approximately $5,8000. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Fortuitously, the insurer accepted the damage as a single claim and an excess of $550.00 was deducted from the claim settlement. The tenant is ordered to reimburse the landlord the $550.00 excess loss.
The amounts ordered are proved. Disposal of goods
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord agreed on a period for the tenant was to collect the goods, but the tenant failed to collect the goods within that time. The tenant has until Monday 30 October 2023 to make contact with the landlord, after that date all items in storage may be disposed of as provided for.
It is not practicable for the landlord to the return the goods to the tenant. Some of the goods may have a value above the cost of storing, transporting and selling them. If so, the landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value. Application filing fee
Because The Rent Shop Limited As Agent For Mr And Mrs Stevens & Simms has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4660029 — Property damage at 247 Vanguard Street, Nelson South, Nelson 7010

Tenancy Tribunal case 4660029 — Property damage at 247 Vanguard Street, Nelson South, Nelson 7010

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?

Property management

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?

Property management