Published tribunal order
Tenancy Tribunal case 4688469 — Property damage at 22 Dreghorn Place, Tokoroa, Tokoroa 3420
Decided 2 Nov 2023 · Published 2 Nov 2023 · Application 4688469
Mixed / unclear
- Property damage
Order
- Maraea Clince is to pay Property Brokers Limited the amount of $5,794.27 immediately, calculated as follows: DescriptionLandlord Rent arrears at the end of tenancy293.57 Cost of contractor's services for rubbish removal2,139.00 Replacement of lost heat pump remote128.01 Replacement of lost keys224.25 Damage to kitchen cupboards160.00 Damage to kitchen door100.00 Repair of 23 holes in walls933.00 Replacement of damaged oven375.00 Replacement of damaged carpet (35% of replacement cost due to its age and condition at start of tenancy) 1,421.00 Filing fee$20.44 Total award$5,794.27
Reasons
- Both parties attended the hearing.
- 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 landlord provided rent records which prove the amount owing at the end of the tenancy: $293.57
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 had a contractor remove four loads of rubbish to dump. A bobcat was required given the volume of rubbish which had becoming a probable nesting place for vermin. The rubbish was mostly household rubbish and was removed from inside the home, sheds, and around the section. There was a large pile at the back of the section.
- The total cost of the contractor’s services came to $2,139.00. I approve this claim.
- The Tenant lost the heat pump remote during the tenancy. She acknowledges this. I award $128.01 to the Landlord as the amount it paid to replace the remote.
- The Tenant did not return the keys. The cost of replacing the keys came to $224.25. I approve this claim.
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: a. Kitchen cupboards which were damaged and not repairable and required replacement: $160.00 b. The kitchen door was damaged and not repairable: $100.00 c. There were 23 holes in the walls throughout the home and the cost of repairing these holes came to $933.00 d. The oven was damaged beyond repair and required replacement: $375.00 e. The carpet was so badly stained with food, dirt and other organic material it required replacement. The carpet was at least ten years old, if not older, at the outset of the tenancy. However, the carpet was perfectly adequate for the tenancy and the Tenant had no complaint to make regarding its condition when she moved in. In all, I consider the carpet has required replacement due to the damage which has occurred during the tenancy. The Landlord claims $4,060.01 for the replacement of the carpet. I consider I can award 35% of the value of the carpet, which represents the life and utility it had left in it at the start of the tenancy, and accounts for the fact that it would not have needed to be replaced but for the Tenant’s damage: $1,421.00
- [list items]. 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.