What was the outcome of Tenancy Tribunal case 4698093?

The tribunal order states: Stevee-Rae Alexander must pay Inspire Property Management Limited

How much money was awarded in case 4698093?

Cleaning: $1,860.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $6,003.00 awarded to landlord; Property Damage: $1,354.81 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $377.88 awarded to landlord

What type of tenancy dispute was case 4698093?

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

Where can I read the official tribunal order for case 4698093?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10145872-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4698093?

The tribunal order states: Stevee-Rae Alexander must pay Inspire Property Management Limited

How much money was awarded in case 4698093?

Cleaning: $1,860.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $6,003.00 awarded to landlord; Property Damage: $1,354.81 awarded to landlord; Property Damage: $550.00 awarded to landlord; Property Damage: $377.88 awarded to landlord

What type of tenancy dispute was case 4698093?

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

Where can I read the official tribunal order for case 4698093?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10145872-Tenancy_Tribunal_Order.pdf.

30 Lithgow Place West, Glengarry, Invercargill 9810 Tenancy Tribunal Case 4698093 — Property damage

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30 Lithgow Place West, Glengarry, Invercargill 9810 Tenancy Tribunal Case 4698093 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4698093 — net $9,493.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replacement curtain and hanging	$1,354.81	Replacement curtain and hanging
Cleaning: Including skip bins	$1,860.00	Cleaning: Including skip bins
Painting	$6,003.00	Painting
Insurance excess for carpets	$550.00	Insurance excess for carpets
Lock/key replacement	$377.88	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,493.42
Total payable by Tenant to Landlord	$9,493.42

Claims and awards for application 4698093 — net $9,493.42 NZD. Verify on MoJ.

Replacement curtain and hanging

Amount: $1,354.81
Awarded to: Landlord
Reason: Replacement curtain and hanging

Cleaning: Including skip bins

Amount: $1,860.00
Awarded to: Landlord
Reason: Cleaning: Including skip bins

Painting

Amount: $6,003.00
Awarded to: Landlord
Reason: Painting

Insurance excess for carpets

Amount: $550.00
Awarded to: Landlord
Reason: Insurance excess for carpets

Lock/key replacement

Amount: $377.88
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Stevee-Rae Alexander must pay Inspire Property Management Limited $9,493.42 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $672.71 (3192509-023) to Inspire Property Management Limited immediately.

Reasons

The tenant failed to attend todays hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy came to an end pursuant to a Tribunal order 34656849 on 15 September 2023. The tenant had abandoned the property. The amount ordered for arrears has been enforced and therefore I am not required to incorporate it into this order.
This claim is now for the clean up costs.

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 photo evidence submitted shows that the property was left in a terrible condition. The tenant left behind a significant number of chattels that needed to be removed.
The tenant did not return the keys.
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:
Firstly there was significant damage done to the floorings. Fortunately, the landlord’s insurance covered the costs to replace, and the tenant is only liable for the excess.
Secondly, there were a number of walls that required repainting. The inspection reports confirm that there were holes in walls and damage that the tenant had tried to remedy and repaint. The colour did not match, and the workmanship was not acceptable. This was not covered by the landlord’s insurance.
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.
Because Inspire Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4698093 — net $9,493.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replacement curtain and hanging	$1,354.81	Replacement curtain and hanging
Cleaning: Including skip bins	$1,860.00	Cleaning: Including skip bins
Painting	$6,003.00	Painting
Insurance excess for carpets	$550.00	Insurance excess for carpets
Lock/key replacement	$377.88	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$9,493.42
Total payable by Tenant to Landlord	$9,493.42

Claims and awards for application 4698093 — net $9,493.42 NZD. Verify on MoJ.

Replacement curtain and hanging

Amount: $1,354.81
Awarded to: Landlord
Reason: Replacement curtain and hanging

Cleaning: Including skip bins

Amount: $1,860.00
Awarded to: Landlord
Reason: Cleaning: Including skip bins

Painting

Amount: $6,003.00
Awarded to: Landlord
Reason: Painting

Insurance excess for carpets

Amount: $550.00
Awarded to: Landlord
Reason: Insurance excess for carpets

Lock/key replacement

Amount: $377.88
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Stevee-Rae Alexander must pay Inspire Property Management Limited $9,493.42 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $672.71 (3192509-023) to Inspire Property Management Limited immediately.

Reasons

The tenant failed to attend todays hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy came to an end pursuant to a Tribunal order 34656849 on 15 September 2023. The tenant had abandoned the property. The amount ordered for arrears has been enforced and therefore I am not required to incorporate it into this order.
This claim is now for the clean up costs.

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 photo evidence submitted shows that the property was left in a terrible condition. The tenant left behind a significant number of chattels that needed to be removed.
The tenant did not return the keys.
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:
Firstly there was significant damage done to the floorings. Fortunately, the landlord’s insurance covered the costs to replace, and the tenant is only liable for the excess.
Secondly, there were a number of walls that required repainting. The inspection reports confirm that there were holes in walls and damage that the tenant had tried to remedy and repaint. The colour did not match, and the workmanship was not acceptable. This was not covered by the landlord’s insurance.
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.
Because Inspire Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4698093 — Property damage at 30 Lithgow Place West, Glengarry, Invercargill 9810

At a glance

Tenancy Tribunal case 4698093 — Property damage at 30 Lithgow Place West, Glengarry, Invercargill 9810

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

Property management

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

Property management

Frequently asked questions