What was the outcome of Tenancy Tribunal case 4710129?

The tribunal order states: Mathew Collins must pay Property Brokers Limited As Agent For Sonya Lee

How much money was awarded in case 4710129?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Closet Door: $161.00 awarded to landlord; Kitchen Cabinet: $103.50 awarded to landlord; Replace furnishings: curtains and ca…: $100.00 awarded to landlord; Rubbish Removal: $1,378.25 awarded to landlord

What type of tenancy dispute was case 4710129?

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

Where can I read the official tribunal order for case 4710129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9848220-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4710129?

The tribunal order states: Mathew Collins must pay Property Brokers Limited As Agent For Sonya Lee

How much money was awarded in case 4710129?

Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Closet Door: $161.00 awarded to landlord; Kitchen Cabinet: $103.50 awarded to landlord; Replace furnishings: curtains and ca…: $100.00 awarded to landlord; Rubbish Removal: $1,378.25 awarded to landlord

What type of tenancy dispute was case 4710129?

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

Where can I read the official tribunal order for case 4710129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9848220-Tenancy_Tribunal_Order.pdf.

6 Dewe Avenue, Feilding, Feilding 4702 Tenancy Tribunal Case 4710129 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4710129 — net $1,697.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$200.00	Cleaning
Replace furnishings: curtains and carpet	$100.00	Replace furnishings: curtains and carpet
Rubbish removal	$1,378.25	Rubbish removal
Repairs: kitchen cabinet	$103.50	Repairs: kitchen cabinet
Repairs: closet door	$161.00	Repairs: closet door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,697.92
Total payable by Tenant to Landlord	$1,697.92

Mathew Collins must pay Property Brokers Limited As Agent For Sonya Lee Rawson $1,697.92 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $265.27 (5370048-004) to Property Brokers Limited As Agent For Sonya Lee Rawson immediately. DescriptionLandlord Cleaning$200.00 Replace furnishings: curtains and carpet$100.00 Rubbish removal$1,378.25 Repairs: kitchen cabinet$103.50 Repairs: closet door$161.00 Filing fee reimbursement$20.44 Total award$1,963.19 Bond$265.27 Total payable by Tenant to Landlord$1,697.92

Reasons

The landlord attended the hearing in person.

The tenant attended the hearing by telephone.

The landlord has applied for compensation, refund of the bond 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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenancy was terminated so that the landlord could undertake “extensive alterations”. It is not therefore appropriate to award the full amount claimed for cleaning and a smaller sum has been awarded.

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 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. A cabinet in the kitchen was damaged. b. A closet door in a bedroom was damaged. c. The carpets were stained. d. The curtains became mouldy and could not be cleaned.

The tenant accepted responsibility for the damage to the kitchen cabinet and that the carpets were stained during the four year tenancy.

The landlord provided photographic evidence that the closet door was not damaged at the start of the tenancy but was damaged at the end.

I have considered betterment and depreciation. The landlord was unable to provide evidence of the age of the carpet and curtains. It would appear that both were beyond their lifespan as determined by the Inland Revenue Department’s depreciation schedule. It is therefore appropriate to award a modest amount in compensation to reflect that these items were at the end of their economic life with minimal value, but remained serviceable.

The amounts ordered are proved.

Because Property Brokers Limited As Agent For Sonya Lee Rawson has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4710129 — net $1,697.92 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$200.00	Cleaning
Replace furnishings: curtains and carpet	$100.00	Replace furnishings: curtains and carpet
Rubbish removal	$1,378.25	Rubbish removal
Repairs: kitchen cabinet	$103.50	Repairs: kitchen cabinet
Repairs: closet door	$161.00	Repairs: closet door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,697.92
Total payable by Tenant to Landlord	$1,697.92

Order

Mathew Collins must pay Property Brokers Limited As Agent For Sonya Lee Rawson $1,697.92 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $265.27 (5370048-004) to Property Brokers Limited As Agent For Sonya Lee Rawson immediately. DescriptionLandlord Cleaning$200.00 Replace furnishings: curtains and carpet$100.00 Rubbish removal$1,378.25 Repairs: kitchen cabinet$103.50 Repairs: closet door$161.00 Filing fee reimbursement$20.44 Total award$1,963.19 Bond$265.27 Total payable by Tenant to Landlord$1,697.92

Reasons

The landlord attended the hearing in person.
The tenant attended the hearing by telephone.
The landlord has applied for compensation, refund of the bond 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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenancy was terminated so that the landlord could undertake “extensive alterations”. It is not therefore appropriate to award the full amount claimed for cleaning and a smaller sum has been awarded.
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 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. A cabinet in the kitchen was damaged. b. A closet door in a bedroom was damaged. c. The carpets were stained. d. The curtains became mouldy and could not be cleaned.
The tenant accepted responsibility for the damage to the kitchen cabinet and that the carpets were stained during the four year tenancy.
The landlord provided photographic evidence that the closet door was not damaged at the start of the tenancy but was damaged at the end.
I have considered betterment and depreciation. The landlord was unable to provide evidence of the age of the carpet and curtains. It would appear that both were beyond their lifespan as determined by the Inland Revenue Department’s depreciation schedule. It is therefore appropriate to award a modest amount in compensation to reflect that these items were at the end of their economic life with minimal value, but remained serviceable.
The amounts ordered are proved.
Because Property Brokers Limited As Agent For Sonya Lee Rawson has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4710129 — Property damage at 6 Dewe Avenue, Feilding, Feilding 4702

At a glance

Tenancy Tribunal case 4710129 — Property damage at 6 Dewe Avenue, Feilding, Feilding 4702

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