What was the outcome of Tenancy Tribunal case 4667876?

The tribunal order states: No suppression orders apply around publication of this decision.

How much money was awarded in case 4667876?

Cleaning: $750.00 awarded to landlord; Compensation: Scrap Metal Rebate: $345.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4637770 D…: $12,470.44 awarded to landlord; Property Damage: $1,956.48 awarded to landlord; Property Damage: $86.50 awarded to landlord; Rubbish Removal: $3,200.00 awarded to landlord; Rubbish Removal: $1,407.45 awarded to landlord

What type of tenancy dispute was case 4667876?

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

Where can I read the official tribunal order for case 4667876?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9565167-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4667876?

The tribunal order states: No suppression orders apply around publication of this decision.

How much money was awarded in case 4667876?

Cleaning: $750.00 awarded to landlord; Compensation: Scrap Metal Rebate: $345.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4637770 D…: $12,470.44 awarded to landlord; Property Damage: $1,956.48 awarded to landlord; Property Damage: $86.50 awarded to landlord; Rubbish Removal: $3,200.00 awarded to landlord; Rubbish Removal: $1,407.45 awarded to landlord

What type of tenancy dispute was case 4667876?

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

Where can I read the official tribunal order for case 4667876?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9565167-Tribunal_Order.pdf.

160 Cemetery Road, Whatawhata, RD 9, Hamilton 3289 Tenancy Tribunal Case 4667876 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4667876 — net $19,546.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 4637770 dated 04/09/2023	$12,470.44		Previous order application 4637770 dated 04/09/2023
Rubbish removal: skip bins and bob cat hire	$1,407.45		Rubbish removal: skip bins and bob cat hire
Cleaning including carpets	$750.00		Cleaning including carpets
Window repairs	$1,956.48		Window repairs
Rubbish removal: labour	$3,200.00		Rubbish removal: labour
Lock/key replacement	$86.50		Lock/key replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: scrap metal rebate		$345.00	scrap metal rebate
Total award	$19,891.31	$345.00
Net award	$19,546.31
Total payable by Tenant to Landlord	$19,546.31

No suppression orders apply around publication of this decision.

Letia Soti and Sophie Nuth must pay Lloyd Ross Main And Kristin Gayle Smith As Trustees For Jb Family Trust $19,546.31 immediately, calculated as shown in table below.

This order incorporates Tribunal Order 4637770 made on 4 September 2023.

Lloyd Ross Main And Kristin Gayle Smith As Trustees For Jb Family Trust 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 amount owing to the applicant out of the proceeds of any sale is $19,546.31.

Lloyd Ross Main And Kristin Gayle Smith As Trustees For Jb Family Trust must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

The table in the order issued on 19 October 2023 contained a typographical error which is corrected in the Table below. The order remains the same in every other respect.

Reasons

Only the landlords attended the hearing.

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

How much is owed for rent?

The tenancy ended on 27 August 2023 pursuant to a Tribunal Order made under application number 4637770 on 4 September 2023. The amount ordered for rent $12,450 and the filing fee of $20.44 are incorporated into this order for enforcement purposes.

The tenants were invited to file a cross application before 11 September 2023 if they wished to pursue the matters they raised at the hearing on 4 September 2023.

They did not file that application and that rent arrear order became final on 11 September 2023 and is therefore enforceable and incorporated into this order for enforcement purposes.

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 an extensive amount of rubbish. The amount ordered for cleaning is reduced as the invoice includes “maintenance” cleaning of skirting boards and ceilings, which is a landlord responsibility between tenancy. The cleaning of guttering and the exterior of the property is also not a tenant responsibility.

The tenant did not return the keys.

I have dismissed the claim for replacement of water at the property, the tenancy agreement did not require the tenants to leave the water tanks filled. In a very wet winter, the water supply would have replenished.

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 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: several windows were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The claim for replacement window stays and latches and door knobs is dismissed as it is likely these issues are due to fair wear and tear.

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.

The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.

The landlord a. is unable to agree with the tenant on a period for the tenant to collect the goods.

It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. 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.

Because Lloyd Ross Main And Kristin Gayle Smith As Trustees For Jb Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4667876 — net $19,546.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 4637770 dated 04/09/2023	$12,470.44		Previous order application 4637770 dated 04/09/2023
Rubbish removal: skip bins and bob cat hire	$1,407.45		Rubbish removal: skip bins and bob cat hire
Cleaning including carpets	$750.00		Cleaning including carpets
Window repairs	$1,956.48		Window repairs
Rubbish removal: labour	$3,200.00		Rubbish removal: labour
Lock/key replacement	$86.50		Lock/key replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Compensation: scrap metal rebate		$345.00	scrap metal rebate
Total award	$19,891.31	$345.00
Net award	$19,546.31
Total payable by Tenant to Landlord	$19,546.31

Order

No suppression orders apply around publication of this decision.
Letia Soti and Sophie Nuth must pay Lloyd Ross Main And Kristin Gayle Smith As Trustees For Jb Family Trust $19,546.31 immediately, calculated as shown in table below.
This order incorporates Tribunal Order 4637770 made on 4 September 2023.
Lloyd Ross Main And Kristin Gayle Smith As Trustees For Jb Family Trust 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 amount owing to the applicant out of the proceeds of any sale is $19,546.31.
Lloyd Ross Main And Kristin Gayle Smith As Trustees For Jb Family Trust must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.
The table in the order issued on 19 October 2023 contained a typographical error which is corrected in the Table below. The order remains the same in every other respect.

Reasons

Only the landlords attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 27 August 2023 pursuant to a Tribunal Order made under application number 4637770 on 4 September 2023. The amount ordered for rent $12,450 and the filing fee of $20.44 are incorporated into this order for enforcement purposes.
The tenants were invited to file a cross application before 11 September 2023 if they wished to pursue the matters they raised at the hearing on 4 September 2023.
They did not file that application and that rent arrear order became final on 11 September 2023 and is therefore enforceable and incorporated into this order for enforcement purposes.

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 an extensive amount of rubbish. The amount ordered for cleaning is reduced as the invoice includes “maintenance” cleaning of skirting boards and ceilings, which is a landlord responsibility between tenancy. The cleaning of guttering and the exterior of the property is also not a tenant responsibility.
The tenant did not return the keys.
I have dismissed the claim for replacement of water at the property, the tenancy agreement did not require the tenants to leave the water tanks filled. In a very wet winter, the water supply would have replenished.
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 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: several windows were broken. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The claim for replacement window stays and latches and door knobs is dismissed as it is likely these issues are due to fair wear and tear.
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.
The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
The landlord a. is unable to agree with the tenant on a period for the tenant to collect the goods.
It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. 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.
Because Lloyd Ross Main And Kristin Gayle Smith As Trustees For Jb Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4667876 — Property damage at 160 Cemetery Road, Whatawhata, RD 9, Hamilton 3289

At a glance

Tenancy Tribunal case 4667876 — Property damage at 160 Cemetery Road, Whatawhata, RD 9, Hamilton 3289

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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