What was the outcome of Tenancy Tribunal case 4691329?

The tribunal order states: Sue Ellen Kingi and Ranga James Terangi must pay Reforma Limited As Agent

How much money was awarded in case 4691329?

Cleaning: $632.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $20.00 awarded to landlord; Property Damage: $320.00 awarded to landlord; Loss Of Rent 3x Weeks: $2,250.00 awarded to landlord; Property Damage: $649.00 awarded to landlord; Rent Arrears: $595.42 awarded to landlord; Oven: $800.00 awarded to landlord; Wardrobe Door: $337.08 awarded to landlord; Replace furnishings: Carpet in rumpu…: $1,338.00 awarded to landlord; Rubbish Removal: $2,691.40 awarded to landlord; Water Rates: $33.11 awarded to landlord; Property Damage: $772.75 awarded to landlord

What type of tenancy dispute was case 4691329?

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

Where can I read the official tribunal order for case 4691329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9679750-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4691329?

The tribunal order states: Sue Ellen Kingi and Ranga James Terangi must pay Reforma Limited As Agent

How much money was awarded in case 4691329?

Cleaning: $632.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $20.00 awarded to landlord; Property Damage: $320.00 awarded to landlord; Loss Of Rent 3x Weeks: $2,250.00 awarded to landlord; Property Damage: $649.00 awarded to landlord; Rent Arrears: $595.42 awarded to landlord; Oven: $800.00 awarded to landlord; Wardrobe Door: $337.08 awarded to landlord; Replace furnishings: Carpet in rumpu…: $1,338.00 awarded to landlord; Rubbish Removal: $2,691.40 awarded to landlord; Water Rates: $33.11 awarded to landlord; Property Damage: $772.75 awarded to landlord

What type of tenancy dispute was case 4691329?

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

Where can I read the official tribunal order for case 4691329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9679750-Tenancy_Tribunal_Order.pdf.

55 Helvetia Road, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4691329 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4691329 — net $9,703.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 September 2023	$595.42	Rent arrears to 4 September 2023
Water rates: Till end of tenancy	$33.11	Water rates: Till end of tenancy
Lock/key replacement	$649.00	Lock/key replacement
Cleaning	$632.50	Cleaning
Rubbish removal: skip bins and labour	$2,691.40	Rubbish removal: skip bins and labour
Window repairs: downstairs and lounge	$772.75	Window repairs: downstairs and lounge
Lock/key replacement: garage door remotes x 2	$320.00	Lock/key replacement: garage door remotes x 2
Repairs: wardrobe door	$337.08	Repairs: wardrobe door
Repairs: Oven	$800.00	Repairs: Oven
Replace furnishings: Carpet in rumpus room	$1,338.00	Replace furnishings: Carpet in rumpus room
Light bulbs/batteries	$20.00	Light bulbs/batteries
Loss of rent 3x weeks	$2,250.00	Loss of rent 3x weeks
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,703.88
Total payable by Tenant to Landlord	$9,703.88

Ms Peters and Ms Clough attended the hearing for the landlord. The tenants did not attend.

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 and water rates?

The tenancy ended on 4 September pursuant to a Tribunal order TT 4627373 dated 29 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. In the order of 29 August 2023 rent was awarded to 29 August. The tenants left on the 4 September 2023. The tenants are liable for the rent from 30 August to 4 September 2023. The tenants are also liable for the final water bill.

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. There was extensive rubbish and large items of furniture of no value left at the property. The landlord had to get 4 large skip bins to remove the rubbish. It took 2 people two full days to remove the rubbish.

The tenant did not return the keys and the landlord had to have the locks changed to secure the premises. The tenant did not give back the garage door remotes. New remotes were obtained and programmed.

The landlord had to replace light bulbs.

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: a) Broken window in rumpus room and in lounge. b) Extensive staining to the carpet downstairs and holes in the carpet. c) Large hole in the wardrobe door in bedroom 4. d) Insulation and one pane of heat glass removed from the oven door making the oven unusable.(Oven purchased in August 2021) 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.

I am also satisfied that the landlord is entitled to three weeks compensation for rent as the tenant’s breaches of s40 RTA and the condition that they left the property in meant that the landlord had to do considerable work to bring it up to a standard that it could be offered up for rent again. The landlord asked for six weeks rent but I consider that too much. After three weeks the property was in a state to be let.

The landlord’s claims for garage door damage and paint damage are dismissed as there is no evidence of the damage or what or who caused that damage.

Because Reforma Limited As Agent For Jafm Investments Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4691329 — net $9,703.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 September 2023	$595.42	Rent arrears to 4 September 2023
Water rates: Till end of tenancy	$33.11	Water rates: Till end of tenancy
Lock/key replacement	$649.00	Lock/key replacement
Cleaning	$632.50	Cleaning
Rubbish removal: skip bins and labour	$2,691.40	Rubbish removal: skip bins and labour
Window repairs: downstairs and lounge	$772.75	Window repairs: downstairs and lounge
Lock/key replacement: garage door remotes x 2	$320.00	Lock/key replacement: garage door remotes x 2
Repairs: wardrobe door	$337.08	Repairs: wardrobe door
Repairs: Oven	$800.00	Repairs: Oven
Replace furnishings: Carpet in rumpus room	$1,338.00	Replace furnishings: Carpet in rumpus room
Light bulbs/batteries	$20.00	Light bulbs/batteries
Loss of rent 3x weeks	$2,250.00	Loss of rent 3x weeks
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,703.88
Total payable by Tenant to Landlord	$9,703.88

Order

Sue Ellen Kingi and Ranga James Terangi must pay Reforma Limited As Agent For Jafm Investments Limited $9,703.88 immediately, calculated as shown in table below.
The bond centre is to pay the balance of the bond of $755.82 to Reforma Limited As Agent For Jafm Investments Limited immediately

Reasons

Ms Peters and Ms Clough attended the hearing for the landlord. The tenants did not attend.
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 and water rates?

The tenancy ended on 4 September pursuant to a Tribunal order TT 4627373 dated 29 August 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. In the order of 29 August 2023 rent was awarded to 29 August. The tenants left on the 4 September 2023. The tenants are liable for the rent from 30 August to 4 September 2023. The tenants are also liable for the final water bill.

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. There was extensive rubbish and large items of furniture of no value left at the property. The landlord had to get 4 large skip bins to remove the rubbish. It took 2 people two full days to remove the rubbish.
The tenant did not return the keys and the landlord had to have the locks changed to secure the premises. The tenant did not give back the garage door remotes. New remotes were obtained and programmed.
The landlord had to replace light bulbs.
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: a) Broken window in rumpus room and in lounge. b) Extensive staining to the carpet downstairs and holes in the carpet. c) Large hole in the wardrobe door in bedroom 4. d) Insulation and one pane of heat glass removed from the oven door making the oven unusable.(Oven purchased in August 2021) 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.
I am also satisfied that the landlord is entitled to three weeks compensation for rent as the tenant’s breaches of s40 RTA and the condition that they left the property in meant that the landlord had to do considerable work to bring it up to a standard that it could be offered up for rent again. The landlord asked for six weeks rent but I consider that too much. After three weeks the property was in a state to be let.
The landlord’s claims for garage door damage and paint damage are dismissed as there is no evidence of the damage or what or who caused that damage.
Because Reforma Limited As Agent For Jafm Investments Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4691329 — Property damage at 55 Helvetia Road, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 4691329 — Property damage at 55 Helvetia Road, Pukekohe, Pukekohe 2120

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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