What was the outcome of Tenancy Tribunal case 4681597?

The tribunal order states: Eden Quaife must pay Bop Beach Rentals 2023 Limited As Agent For Owner

How much money was awarded in case 4681597?

Carpet (Contribution: $1,000.00 awarded to landlord; Door Handle And Key: $402.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $581.43 awarded to landlord; Walls: $645.84 awarded to landlord

What type of tenancy dispute was case 4681597?

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

Where can I read the official tribunal order for case 4681597?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9833717-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4681597?

The tribunal order states: Eden Quaife must pay Bop Beach Rentals 2023 Limited As Agent For Owner

How much money was awarded in case 4681597?

Carpet (Contribution: $1,000.00 awarded to landlord; Door Handle And Key: $402.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $581.43 awarded to landlord; Walls: $645.84 awarded to landlord

What type of tenancy dispute was case 4681597?

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

Where can I read the official tribunal order for case 4681597?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9833717-Tribunal_Order.pdf.

Unit/Flat A, 106 Pukehina Parade, Pukehina, RD 9, Tenancy Tribunal Case 4681597 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4681597 — net $630.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$581.43	Rent arrears
Repairs: Walls	$645.84	Repairs: Walls
Door handle and key	$402.50	Door handle and key
Carpet (contribution	$1,000.00	Carpet (contribution
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$630.21
Total payable by Tenant to Landlord	$630.21

This matter was adjourned from a teleconference on 15 November 2023 as the tenant wanted to appear in person to provide additional evidence relating to the issues of rent arrears and the ranch slider key.

The landlord attended the hearing today, but the tenant did not appear and did not provide any further evidence.

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

How much is owed for rent?

The tenancy ended on 6 August 2023. The landlord provided rent records which prove the amount owing at 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. 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 landlord had to replace a broken back door handle/lock. The tenant returned a key to the owner, but this was not the key originally provided for the ranch slider door.

The amount ordered is proved.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for damage to walls, kitchen drawer front and cupboard door, and carpet.

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.

I find that the kitchen cupboard door and drawer repairs are attributable to fair wear and tear. I note that these areas were repaired prior to this tenancy, and I accept the tenant’s evidence that the hinges simply came loose again. This part of the claim is not proven.

The following damage was caused during the tenancy: damage to wall in lounge, hallway and bedroom 2; and pink carpet stains in every room. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I make an award of $645.84 for the wall repairs.

Assessing the tenant’s liability for the carpet damage is not straightforward. The landlord is seeking $3,000.00 (insurance excess of $500 x 6 areas) for replacement carpet. I note a pre-existing stain in bedroom 3 and the landlord says the carpet is around 10 years old.

I therefore must take 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.

Although the staining was extensive, the carpet was towards the end of its estimated useful life. I therefore award $1,000.00 as fair, reasonable and proportionate compensation in respect of the tenant’s liability towards the carpet replacement.

As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4681597 — net $630.21 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$581.43	Rent arrears
Repairs: Walls	$645.84	Repairs: Walls
Door handle and key	$402.50	Door handle and key
Carpet (contribution	$1,000.00	Carpet (contribution
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$630.21
Total payable by Tenant to Landlord	$630.21

Order

Eden Quaife must pay Bop Beach Rentals 2023 Limited As Agent For Owner $630.21 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,020.00 (6418902-001) to Bop Beach Rentals 2023 Limited As Agent For Owner immediately.

Reasons

This matter was adjourned from a teleconference on 15 November 2023 as the tenant wanted to appear in person to provide additional evidence relating to the issues of rent arrears and the ranch slider key.
The landlord attended the hearing today, but the tenant did not appear and did not provide any further evidence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 6 August 2023. The landlord provided rent records which prove the amount owing at 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. 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 landlord had to replace a broken back door handle/lock. The tenant returned a key to the owner, but this was not the key originally provided for the ranch slider door.
The amount ordered is proved.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for damage to walls, kitchen drawer front and cupboard door, and carpet.
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.
I find that the kitchen cupboard door and drawer repairs are attributable to fair wear and tear. I note that these areas were repaired prior to this tenancy, and I accept the tenant’s evidence that the hinges simply came loose again. This part of the claim is not proven.
The following damage was caused during the tenancy: damage to wall in lounge, hallway and bedroom 2; and pink carpet stains in every room. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I make an award of $645.84 for the wall repairs.
Assessing the tenant’s liability for the carpet damage is not straightforward. The landlord is seeking $3,000.00 (insurance excess of $500 x 6 areas) for replacement carpet. I note a pre-existing stain in bedroom 3 and the landlord says the carpet is around 10 years old.
I therefore must take 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.
Although the staining was extensive, the carpet was towards the end of its estimated useful life. I therefore award $1,000.00 as fair, reasonable and proportionate compensation in respect of the tenant’s liability towards the carpet replacement.
As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 4681597 — Property damage at Unit/Flat A, 106 Pukehina Parade, Pukehina, RD 9,

At a glance

Tenancy Tribunal case 4681597 — Property damage at Unit/Flat A, 106 Pukehina Parade, Pukehina, RD 9,

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?

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 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