What was Tenancy Tribunal case 4692192 about?

The tribunal order states: Ben McKeown must pay [The landlord/s] $166.46 immediately, calculated as

How much money was awarded in case 4692192?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $778.57 awarded to landlord; Walls: $435.00 awarded to landlord; Replace furnishings: carpet in bedro…: $419.70 awarded to landlord; Rubbish Removal: $672.75 awarded to landlord

What type of tenancy dispute was case 4692192?

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

Where can I read the official tribunal order for case 4692192?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9770908-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4692192 about?

The tribunal order states: Ben McKeown must pay [The landlord/s] $166.46 immediately, calculated as

How much money was awarded in case 4692192?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $778.57 awarded to landlord; Walls: $435.00 awarded to landlord; Replace furnishings: carpet in bedro…: $419.70 awarded to landlord; Rubbish Removal: $672.75 awarded to landlord

What type of tenancy dispute was case 4692192?

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

Where can I read the official tribunal order for case 4692192?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9770908-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4692192 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4692192 — net $166.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 08 August 2023	$778.57	Rent arrears to 08 August 2023
Cleaning and rubbish removal	$672.75	Cleaning and rubbish removal
Replace furnishings: carpet in bedroom	$419.70	Replace furnishings: carpet in bedroom
Repairs: walls	$435.00	Repairs: walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$166.46
Total payable by Tenant to Landlord	$166.46

[The landlord’s representatives] appeared for the landlord. There was no appearance by the tenant.

The tenancy commenced on 31 March 2017. There is no pre tenancy inspection report or photographs showing the condition of the property at the commencement of the tenancy. On 30 November 2018, there was a change of landlord. The new landlord prepared a replacement agreement signed by the tenant and another tenant on 30 November 2018. On that date the landlord also conducted a tenancy inspection, their first. A copy of the report has been produced, along with two others, one conducted on 04 March 2019, the other at the end of the tenancy on 08 August 2023. On 09 August 2022, there was a variation of the tenancy agreement leaving the tenant named in these proceedings as the sole tenant. The landlord gave the tenant 90 days’ notice and the tenancy ended on 08 August 2023.

On 21 September 2023, the landlord filed a claim rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”)

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy on 08 August 2023 of $778.57.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims that the tenant failed to leave the property reasonably clean and remove all rubbish. The landlord is claiming $ 603.75 for cleaning, and $69.00 for rubbish removal.

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1) of the Act.

The property consists of four bedrooms, two bathrooms, lounge, dining / living / kitchen, small office, laundry, and internal garage. The Act does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant.

The landlord has produced photographs taken at the end of the tenancy. After viewing the photographs and hearing from [The landlord’s representative], I am satisfied that the tenant has failed to leave the property reasonably clean and remove all rubbish. Considering the size of the property, the amount claimed is reasonable.

Is the tenant responsible for damage to the premises?

The landlord claims that the tenant is liable for damage to the carpet in one of the bedrooms, walls throughout the property, a bracket / rack in the wardrobe, and drainage risers and covers.

To succeed with a claim for damage the landlord must prove that damage 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 of the Act.

Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. See Taylor v Webb [1937] 2KB 283 (CA).

Where the damage is careless, and occurs after 27 August 2019, section 49B of the Act 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) of the Act.

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) of the Act. 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) of the Act.

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) of the Act.

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.

In dealing with the issue of carelessness the question is whether the tenant was exercising a degree of care and attention that a reasonable and prudent tenant would exercise in the circumstances. The test is objective and not based on the subjective opinion of the tenant or landlord.

In awarding compensation for damage, the Tribunal must also consider 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, the Tribunal must consider the age and condition of the items concerned at the start of the tenancy and their likely useful lifespan. Carpet

The landlord has produced photographs showing staining to carpet in one of the bedrooms. The landlord states they received advice from a professional carpet cleaner that it was not economical to attempt to remove the stains by cleaning, and that the carpet should be replaced. The stains appear to be of a type caused by spilling brightly coloured drink on the carpet. As there is more than one stained area [The landlord’s representative] submits that the staining was more likely than not the result of carelessness. I agree. As stated, there is no pre tenancy inspection report or photographs. The first inspection was on 30 November 2018. That inspection shows the area of carpet concerned. [The landlord’s representative] has persuaded me that I have sufficient evidence to make a comparison.

I am satisfied that the staining occurred during the tenancy and is more than fair wear and tear. The landlord has insurance for damage with an excess of $2500.00 per claim. The $839.41 claimed is less than the excess. [The landlord’s representative] states that the property was built between 2000 and 2009. The carpet is likely the original. On that basis, although in a reasonable condition on 30 November 2018, the carpet was at least 8 years old. The expected useful life span of carpet in rental properties is around 12 – 15 years. The carpet was on that basis at least halfway through its useful life span. [The landlord’s representative] submits that 50% may be deducted for depreciation and betterment. I agree. The Tribunal awards $ 419.70. Walls and the wardrobe bracket

The landlord is claiming $460.00 to repair minor damage which includes: scrape damage to wall in entrance hallway, dents in the aluminium front door, consistent with having been punched, paint scraping on the top of a low dividing wall between the dining and living room, a small hole in the ceiling in the lounge, for which there appears to have been an attempt to repair, paint scrapes on the kitchen wall, consistent with the removal of adhesive hooks resulting in damage, holes in walls, caused by screws and small nails, likely used to hang pictures, a small hole on another wall with a shoe print on top.

The landlord’s end of tenancy inspection report and photographs show the damage. The inspections conducted on 30 November 2018, and 04 March 2019, do not show the damage concerned. After considering the evidence and hearing from [The landlord’s representative], I am satisfied that this damage occurred during the tenancy. There has been a discussion concerning the holes made by the screws and nails used to hang things on the wall. [The landlord’s representative] states that the agreement does not allow the tenant to hang things on walls using screws or nails, or to make alterations. While this appears to be the case, the original agreement has not been produced. [The landlord’s representative] states that it would be unusual for an earlier agreement to allow the tenant to do so. I am unsure whether I can accept this fact. I consider that the damage caused by the screws and nails may be no more than fair wear and tear. Accordingly, I reduce the amount claimed by $25.00 and award $435.00.

Concerning the bracket / rack in the wardrobe. The landlord has produced a photograph of the inside of a large walk-in wardrobe. The photograph shows racks used to hang clothes and store items. One of the racks can be seen leaning against the wall. [The landlord’s representative] states that this could be repaired. [The landlord’s representative] has referred to another photograph showing three small holes on the wall, which he states was the site of another rack, which is missing. [The landlord’s representative] states that for privacy reasons there are no inspections or photographs taken of the inside of the wardrobes during tenancies. Without a pre tenancy checklist I cannot be satisfied that the rack concerned was not in fact missing or damaged at the commencement of the tenancy. The claim for the missing bracket is dismissed. Drainage risers and covers.

The drainage risers are small rectangular shaped boxes made from heavy duty plastic. They sit almost entirely submerged with a small portion above the ground. They have a cover which may be made from the same plastic, or a lightweight metal. The cover may be removed to clear any debris. Under the riser there is a soak hole. The risers are common around properties as protection against surface flooding.

The landlord has produced photographs showing two of these drainage risers. One shows that the riser is damaged with the cover, which [The landlord’s representative] states was cracked, sitting inside. The other photograph shows the riser damaged with a metal plate, which appears to be a plate of a BBQ, resting on top.

[The landlord’s representative] states that the damage has occurred during the tenancy and is more than fair wear and tear. [The landlord’s representative] states that the risers are designed to be mown around, and that the damage was likely the result of carelessness caused while mowing. The claim to replace the risers and covers is $583.19.

As stated, there is no pre tenancy checklist. The only evidence of the risers is a photograph of the lawn taken on 04 March 2019, which captures one of the risers. However, the riser is in the distance, and it is not possible to determine its condition.

[The landlord’s representative] states that the property manager involved with the property since 2022 would have recorded and reported any issues with the risers, as adequate and properly maintained drainage was a Healthy Homes requirement.

The risers are more likely than not the ones installed when the property was constructed between 2000 and 2009. The risers would have been around 11 to 18 years old at the commencement of the tenancy. The top of the riser sits just above the ground. There is no mowing strip around the risers. It may be prudent that one is installed to avoid future damage. I cannot rule out the risers may have had some damage prior to the commencement of the tenancy, the result of fair wear and tear, and that they have simply deteriorated over time. On the evidence produced I am not satisfied that the tenant is responsible, and the claim is dismissed. Costs

As the landlord has been substantially successful, I order reimbursement of the filing fee. Name suppression

The landlord seeks name suppression.

Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.

The landlord has been substantially successful and is granted name suppression.

Reasons

Claims and awards in Tenancy Tribunal application 4692192 — net $166.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 08 August 2023	$778.57	Rent arrears to 08 August 2023
Cleaning and rubbish removal	$672.75	Cleaning and rubbish removal
Replace furnishings: carpet in bedroom	$419.70	Replace furnishings: carpet in bedroom
Repairs: walls	$435.00	Repairs: walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$166.46
Total payable by Tenant to Landlord	$166.46

[The landlord’s representatives] appeared for the landlord. There was no appearance by the tenant.

On 21 September 2023, the landlord filed a claim rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy on 08 August 2023 of $778.57.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims that the tenant failed to leave the property reasonably clean and remove all rubbish. The landlord is claiming $ 603.75 for cleaning, and $69.00 for rubbish removal.

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1) of the Act.

Is the tenant responsible for damage to the premises?

The landlord claims that the tenant is liable for damage to the carpet in one of the bedrooms, walls throughout the property, a bracket / rack in the wardrobe, and drainage risers and covers.

As the landlord has been substantially successful, I order reimbursement of the filing fee. Name suppression

The landlord seeks name suppression.

The landlord has been substantially successful and is granted name suppression.

Tenancy Tribunal case 4692192 — Rent arrears

At a glance

Tenancy Tribunal case 4692192 — Rent arrears

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 damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

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 damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions