What was Tenancy Tribunal case 4662031 about?

The tribunal order states: Sky Jhena Rees-Kiddle must pay [The landlord/s] $9,165.46 immediately,

How much money was awarded in case 4662031?

Cleaning: $793.87 awarded to landlord; Electricity Usage: $49.96 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent (9 Weeks Up To 19.10.23: $5,850.00 awarded to landlord; Property Damage: $205.80 awarded to landlord; Property Damage: $681.70 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord; Smoke Alarms: $63.69 awarded to landlord

What type of tenancy dispute was case 4662031?

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

Where can I read the official tribunal order for case 4662031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9618831-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4662031 about?

The tribunal order states: Sky Jhena Rees-Kiddle must pay [The landlord/s] $9,165.46 immediately,

How much money was awarded in case 4662031?

Cleaning: $793.87 awarded to landlord; Electricity Usage: $49.96 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent (9 Weeks Up To 19.10.23: $5,850.00 awarded to landlord; Property Damage: $205.80 awarded to landlord; Property Damage: $681.70 awarded to landlord; Rubbish Removal: $1,500.00 awarded to landlord; Smoke Alarms: $63.69 awarded to landlord

What type of tenancy dispute was case 4662031?

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

Where can I read the official tribunal order for case 4662031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9618831-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4662031 — Property damage

Claims and awards in Tenancy Tribunal application 4662031 — net $9,165.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$793.87	Cleaning
Rubbish removal and extra cleaning	$1,500.00	Rubbish removal and extra cleaning
Replace smoke alarms	$63.69	Replace smoke alarms
Lock/key replacement	$205.80	Lock/key replacement
Electrical fittings replacement/repair	$681.70	Electrical fittings replacement/repair
Electricity usage	$49.96	Electricity usage
Loss of rent (9 weeks up to 19.10.23	$5,850.00	Loss of rent (9 weeks up to 19.10.23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,165.46
Total payable by Tenant to Landlord	$9,165.46

Order

Sky Jhena Rees-Kiddle must pay [The landlord/s] $9,165.46 immediately, calculated as shown in table below.
The claim to replace the ONT box is withdrawn at the landlord’s request.

Reasons

The landlord attended the hearing by teleconference. There was no attendance by the tenant.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. 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 as shown in photos produced in evidence.
The tenant did not return the keys.
The landlord had to replace light bulbs and smoke alarms.
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 (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 light fitting over the vanity in the bathroom had been pulled off the wall and required replacement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was likely intentional 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.

Is the tenant liable for loss of rent and electricity costs?

The tenancy was for a fixed term period commencing on 9 March 2023 and due to end on 8 March 2025. However, due to non-payment of rent, the landlord applied for and was granted by this Tribunal under application 4627333 an order terminating the tenancy on Monday 14 August 2023 at 9am.
The landlord says that he was unable to re-tenant the premises until 20 October 2023 and seeks to recover loss of rent and electricity costs incurred up to that date. He claims that because the tenant left the premises in a severely untidy condition, it took this amount of time to clean the property up to a lettable state. Most of the cleaning, rubbish removal and repairs were completed by mid- September, so that the landlord advertised the premises for let in mid- September 2023. However, the landlord says that feedback from prospective tenants was that the premises still carried a strong smell of cigarette smoke. Therefore, he had to take further steps to keep airing out the property to rid it of the smell.
The general law provides that if an applicant has suffered damage that is not too remote, then they must, so far as money can do it, be restored to the position they would have been in had the breach not occurred. However, compensation cannot be recovered for all types of damage and a line must be drawn somewhere. Therefore, the law does not provide for compensation where the damage is considered too remote, Recovery is limited to actual loss resulting from the breach that was reasonably foreseeable when the contract was made.
I am satisfied in this case that a reasonable person would foresee that the premises may not be able to be re-let immediately where this type of cleaning and repair work is required. In addition, a landlord cannot expect that premises will always be re-let immediately after the end of a tenancy. A reasonable landlord would foresee in the ordinary course that there will be periods during which the premises are not available to be let for a variety of reasons, including maintenance and repairs, even if caused by the actions of a tenant, particularly after longer tenancies.
I am not persuaded that the landlord’s claim for 9 weeks loss of rent is entirely justified because of the condition the tenant left the premises in. I would expect that the cleaning, repairs and airing the premises of the cigarette smell could be resolved a lot sooner.
Even where one party is in breach of their obligations, the other party must take all reasonable steps to limit the damage or loss arising from that breach. However, in this case, there is an additional factor to consider: that the tenant was bound by a fixed term tenancy agreement which was terminated because of rent arrears. In those circumstances, the landlord is not required to mitigate their loss, although it is usually in their best interests to do so. The landlord is entitled to rent until the end of the fixed term or until a new tenant is found, whichever event occurs first. Therefore, the landlord does not need to prove that the loss of rent claimed is solely because of the condition in which the tenant left the premises. The landlord is entitled to loss of rent anyway because it was a fixed term tenancy, terminated because of the tenant’s breach.
After carefully considering al, the circumstances, I consider the landlord is entitled to the loss of rent claimed. In addition, I award the first month’s electricity costs incurred when the bulk of the cleaning and repair work was completed.
As the landlord has substantially succeeded with his application, he is entitled to reimbursement of the filing fee and to suppression of his name and identifying details as requested.

Claims and awards in Tenancy Tribunal application 4662031 — net $9,165.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$793.87	Cleaning
Rubbish removal and extra cleaning	$1,500.00	Rubbish removal and extra cleaning
Replace smoke alarms	$63.69	Replace smoke alarms
Lock/key replacement	$205.80	Lock/key replacement
Electrical fittings replacement/repair	$681.70	Electrical fittings replacement/repair
Electricity usage	$49.96	Electricity usage
Loss of rent (9 weeks up to 19.10.23	$5,850.00	Loss of rent (9 weeks up to 19.10.23
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,165.46
Total payable by Tenant to Landlord	$9,165.46

Order

Sky Jhena Rees-Kiddle must pay [The landlord/s] $9,165.46 immediately, calculated as shown in table below.
The claim to replace the ONT box is withdrawn at the landlord’s request.

Reasons

The landlord attended the hearing by teleconference. There was no attendance by the tenant.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. 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 as shown in photos produced in evidence.
The tenant did not return the keys.
The landlord had to replace light bulbs and smoke alarms.
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 (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 light fitting over the vanity in the bathroom had been pulled off the wall and required replacement. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage which I find was likely intentional 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.

Is the tenant liable for loss of rent and electricity costs?

The tenancy was for a fixed term period commencing on 9 March 2023 and due to end on 8 March 2025. However, due to non-payment of rent, the landlord applied for and was granted by this Tribunal under application 4627333 an order terminating the tenancy on Monday 14 August 2023 at 9am.
The landlord says that he was unable to re-tenant the premises until 20 October 2023 and seeks to recover loss of rent and electricity costs incurred up to that date. He claims that because the tenant left the premises in a severely untidy condition, it took this amount of time to clean the property up to a lettable state. Most of the cleaning, rubbish removal and repairs were completed by mid- September, so that the landlord advertised the premises for let in mid- September 2023. However, the landlord says that feedback from prospective tenants was that the premises still carried a strong smell of cigarette smoke. Therefore, he had to take further steps to keep airing out the property to rid it of the smell.
The general law provides that if an applicant has suffered damage that is not too remote, then they must, so far as money can do it, be restored to the position they would have been in had the breach not occurred. However, compensation cannot be recovered for all types of damage and a line must be drawn somewhere. Therefore, the law does not provide for compensation where the damage is considered too remote, Recovery is limited to actual loss resulting from the breach that was reasonably foreseeable when the contract was made.
I am satisfied in this case that a reasonable person would foresee that the premises may not be able to be re-let immediately where this type of cleaning and repair work is required. In addition, a landlord cannot expect that premises will always be re-let immediately after the end of a tenancy. A reasonable landlord would foresee in the ordinary course that there will be periods during which the premises are not available to be let for a variety of reasons, including maintenance and repairs, even if caused by the actions of a tenant, particularly after longer tenancies.
I am not persuaded that the landlord’s claim for 9 weeks loss of rent is entirely justified because of the condition the tenant left the premises in. I would expect that the cleaning, repairs and airing the premises of the cigarette smell could be resolved a lot sooner.
Even where one party is in breach of their obligations, the other party must take all reasonable steps to limit the damage or loss arising from that breach. However, in this case, there is an additional factor to consider: that the tenant was bound by a fixed term tenancy agreement which was terminated because of rent arrears. In those circumstances, the landlord is not required to mitigate their loss, although it is usually in their best interests to do so. The landlord is entitled to rent until the end of the fixed term or until a new tenant is found, whichever event occurs first. Therefore, the landlord does not need to prove that the loss of rent claimed is solely because of the condition in which the tenant left the premises. The landlord is entitled to loss of rent anyway because it was a fixed term tenancy, terminated because of the tenant’s breach.
After carefully considering al, the circumstances, I consider the landlord is entitled to the loss of rent claimed. In addition, I award the first month’s electricity costs incurred when the bulk of the cleaning and repair work was completed.
As the landlord has substantially succeeded with his application, he is entitled to reimbursement of the filing fee and to suppression of his name and identifying details as requested.

Tenancy Tribunal case 4662031 — Property damage

At a glance

Tenancy Tribunal case 4662031 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Is the tenant liable for loss of rent and electricity costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Is the tenant liable for loss of rent and electricity costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions