What was the outcome of Tenancy Tribunal case 4733251?

The tribunal order states: requiring the tenant

How much money was awarded in case 4733251?

The reconciled net award was $2,020.44.

What type of tenancy dispute was case 4733251?

The primary dispute was Cleanliness. Related themes: Property damage, Oven/Stove Cleaning.

Where can I read the official tribunal order for case 4733251?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9775542-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4733251?

The tribunal order states: requiring the tenant

How much money was awarded in case 4733251?

The reconciled net award was $2,020.44.

What type of tenancy dispute was case 4733251?

The primary dispute was Cleanliness. Related themes: Property damage, Oven/Stove Cleaning.

Where can I read the official tribunal order for case 4733251?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9775542-Tenancy_Tribunal_Order.pdf.

15D East Street, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4733251 — Cleanliness

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Order

requiring the tenant to pay the insurance excesses for damage to the carpet and damage to the hob and walls.

The tenant has planned to leave the property and agrees to the tenancy being terminated on Wednesday 20 December 2023. Accordingly, I record that the tenancy will end by agreement on that date.

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 house was brand new at the beginning of the tenancy on 21 December 2022. During the first inspection on 19 March 2023 the landlord noticed considerable damage to the property including multiple stains in the carpet in both bedrooms and the hallway/stairs. There was damage to walls in the hallway and kitchen area, the hob was smashed.

The landlord has made an insurance claim for replacement carpet, repair of the holes in the wall and repair/ replacement hob. The landlord’s insurance claim has been approved and the landlord seeks reimbursement of the excesses paid.

The landlord has carried out the repair work to the hob and walls but has not replaced the carpet. The landlord plans to replace the carpet after the tenancy ends. I have seen photographs of the property before the tenancy and during, the photographs show considerable staining in all rooms with carpet. The tenant says his 3 year child has spilt drinks in those rooms, the carpets were cleaned but the stains remained. The hob is completely smashed, the tenant says that something was dropped on it. Given the nature and extent of the damage I do not consider the damage accidental it looks like something that has smashed the hob with considerable force. The holes in the wall are more than expected wear and tear both in nature and extent. They have either been intentionally made or the tenants have been careless in their use of the property to allow such damage to occur. 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.

The tenant understood that WINZ had paid the agent for the insurance excess for the hob, he says that he has paperwork not with him today which states this. The agent says it has not received any money for the excess from WINZ.

Because Inspire Property Management As Agent For Karen Blennerhassett has succeeded with the claim I must reimburse the filing fee. T Prowse 18 December 2023

Order

requiring the tenant to pay the insurance excesses for damage to the carpet and damage to the hob and walls.

The tenant has planned to leave the property and agrees to the tenancy being terminated on Wednesday 20 December 2023. Accordingly, I record that the tenancy will end by agreement on that date.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

Because Inspire Property Management As Agent For Karen Blennerhassett has succeeded with the claim I must reimburse the filing fee. T Prowse 18 December 2023

Tenancy Tribunal case 4733251 — Cleanliness at 15D East Street, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 4733251 — Cleanliness at 15D East Street, Pukekohe, Pukekohe 2120

At a glance

Award balance

Claims & awards

Order

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions