What was Tenancy Tribunal case 4690589 about?

The tribunal order states: Mata Cowan and Deirdre Raea must pay [The landlord/s] $11,198.44

How much money was awarded in case 4690589?

Cleaning: $2,185.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,863.00 awarded to landlord; Painting: $5,750.00 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord

What type of tenancy dispute was case 4690589?

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

Where can I read the official tribunal order for case 4690589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9914342-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4690589 about?

The tribunal order states: Mata Cowan and Deirdre Raea must pay [The landlord/s] $11,198.44

How much money was awarded in case 4690589?

Cleaning: $2,185.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,863.00 awarded to landlord; Painting: $5,750.00 awarded to landlord; Rubbish Removal: $1,380.00 awarded to landlord

What type of tenancy dispute was case 4690589?

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

Where can I read the official tribunal order for case 4690589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9914342-Tribunal_Order_Redacted.pdf.

60 Webster Avenue, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 4690589 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4690589 — net $11,198.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement	$1,863.00	Carpet replacement
Repairs: Painting	$5,750.00	Repairs: Painting
Cleaning	$2,185.00	Cleaning
Rubbish removal	$1,380.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,198.44
Total payable by Tenant to Landlord	$11,198.44

The landlord attended the hearing and had the support of a mandarin interpreter. The tenant did not attend the hearing. The hearing proceeded in the tenant’s absence.

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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

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 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: wall holes, writing on walls, damaged doors and door jambs. 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.

The landlord had sought $11,500.00 to repaint 5 rooms, walls, ceilings, doors and door frames, toilet and bathroom. The landlord produced an end of tenancy inspection report with photographs. The photographs show some wall holes, mainly where door handles have gone in to the gib and some damage to a couple of doors. There are some scuff marks which would be regarded as wear and tear. There is a hole in the bathroom which appears to be from a leak which I don’t consider that the tenant should be responsible for.

There is insufficient evidence to support the tenant being responsible for the cost of repainting most of the interior, including the ceiling. I have halved the amount that the landlord sought accordingly.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the name of the landlord is suppressed.

Reasons

Claims and awards in Tenancy Tribunal application 4690589 — net $11,198.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement	$1,863.00	Carpet replacement
Repairs: Painting	$5,750.00	Repairs: Painting
Cleaning	$2,185.00	Cleaning
Rubbish removal	$1,380.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,198.44
Total payable by Tenant to Landlord	$11,198.44

The landlord attended the hearing and had the support of a mandarin interpreter. The tenant did not attend the hearing. The hearing proceeded in the tenant’s absence.

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?

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. For the same reason the name of the landlord is suppressed.

Tenancy Tribunal case 4690589 — Property damage at 60 Webster Avenue, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 4690589 — Property damage at 60 Webster Avenue, Mount Roskill, Auckland 1041

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions