Published tribunal order
Tenancy Tribunal case 4708129 — Cleanliness at 16 Ingestre Street, Whanganui, Whanganui 4500
Decided 26 Jan 2024 · Published 26 Jan 2024 · Application 4708129
Landlord favoured
- Cleanliness
- Property damage
Order
- Leaara-Jade Kauika-Stevens must pay Watson Real Estate Limited T/A Landlords Link Limited $4,663.44 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,120.00 (5872294-002) to Watson Real Estate Limited T/A Landlords Link Limited immediately.
Reasons
- The landlord attended the hearing. There was no appearance for the tenant.
- The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy on 2 October 2023.
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 any chattels that were provided for their benefit. See section 40(1)(e). The tenant is required to replace worn out smoke alarm batteries during the tenancy.
- The landlord provided photographs showing that tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was no attempt to clean the property. Maggots and carpet stains are visible. A considerable amount of rubbish, debris and some chattels were left throughout the property. A flea bomb was required to fumigate the premises.
- The landlord submitted two invoices for rubbish removal/disposal and moving belongings into storage totalling $1,272.00 The landlord stored the items for two months and submitted invoices totally $518. A list of chattels was also provided. The landlord asked the tenant to collect the chattels, but after two months when no steps had been taken to retrieve them they were disposed of.
- An invoice for carpet cleaning was provided The carpets were professionally cleaned, but the stains could not be removed..
- The tenant did not return the keys but the landlord did not pursue that cost in the Tribunal.
- The smoke alarm was missing.
- The lawns were overgrown and an invoice for lawnmowing was submitted.
- The cleaning and fumigation costs were included in an invoice for $1197 which included repair of the curtain rail, replacement of smoke alarm, repairs of door knobs, replacement of a door (as outlined below). Although it would have been preferable to have the costs of each item specified, the costs are reasonable and so the amounts ordered are proved,
Is the tenant responsible for the damage to the premises?
- The landlord provided photographs showing extensive damage to the walls of the hall, a damaged bedroom door that had split panels, missing power point that appeared to have been ripped out of the wall, missing door knobs, a broken curtain rail, damage to the kitchen flooring and stains on the carpet. The landlord provided evidence that the carpets had been installed in 2021 as had the kitchen flooring, and painting had also been undertaken then. The landlord also provided photographs of the property at the start of the tenancy, which she said was well-maintained up to and including an inspection in July 2023.
- 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 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.
- I am satisfied that the damage outlined occurred during the tenancy and is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- I am satisfied that the damage is intentional. Although the tenant is liable for the full cost of the repairs, insurance claims have been approved for each of the floor coverings and the hall damage.
- 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.
- Therefore the tenant is ordered to pay three insurance excess amounts of $550 each.
- The landlord submitted an invoice for the powerpoint repair, and other repairs were covered in the invoice for $1,197.
- The amounts ordered are proved.
- Because Watson Real Estate Limited T/A Landlords Link Limited has wholly succeeded with the claim I must reimburse the filing fee.