What was Tenancy Tribunal case 4738830 about?

The tribunal order states: dated 18 October 2023 in Application

How much money was awarded in case 4738830?

Cleaning: $92.69 awarded to landlord; Cleaning: $229.24 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Fridge Freezer To The Tip: $82.00 awarded to landlord; Lawns: $75.90 awarded to landlord; Pest Control: $26.00 awarded to landlord; Property Damage: $423.77 awarded to landlord; Previous Order Application 4677633 D…: $2,113.53 awarded to landlord; Property Damage: $253.00 awarded to landlord; Property Damage: $39.47 awarded to landlord; Property Damage: $81.50 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $120.00 awarded to landlord; Property Damage: $140.00 awarded to landlord; Patio Bolts: $65.00 awarded to landlord; Shed Door: $100.00 awarded to landlord; Replace Curtains Less 30% Depreciati…: $221.20 awarded to landlord; Replace Roller Blinds Less 30% Depre…: $70.00 awarded to landlord; Skip Bin Hire: $556.50 awarded to landlord; Water Rates: $27.37 awarded to landlord

What type of tenancy dispute was case 4738830?

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

Where can I read the official tribunal order for case 4738830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10805309-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4738830 about?

The tribunal order states: dated 18 October 2023 in Application

How much money was awarded in case 4738830?

Cleaning: $92.69 awarded to landlord; Cleaning: $229.24 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Fridge Freezer To The Tip: $82.00 awarded to landlord; Lawns: $75.90 awarded to landlord; Pest Control: $26.00 awarded to landlord; Property Damage: $423.77 awarded to landlord; Previous Order Application 4677633 D…: $2,113.53 awarded to landlord; Property Damage: $253.00 awarded to landlord; Property Damage: $39.47 awarded to landlord; Property Damage: $81.50 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $120.00 awarded to landlord; Property Damage: $140.00 awarded to landlord; Patio Bolts: $65.00 awarded to landlord; Shed Door: $100.00 awarded to landlord; Replace Curtains Less 30% Depreciati…: $221.20 awarded to landlord; Replace Roller Blinds Less 30% Depre…: $70.00 awarded to landlord; Skip Bin Hire: $556.50 awarded to landlord; Water Rates: $27.37 awarded to landlord

What type of tenancy dispute was case 4738830?

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

Where can I read the official tribunal order for case 4738830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10805309-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4738830 — Property damage

Claims and awards in Tenancy Tribunal application 4738830 — net $4,837.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4677633 dated 10/10/2023	$2,113.53	Previous order application 4677633 dated 10/10/2023
Cleaning: incl air fresheners	$229.24	Cleaning: incl air fresheners
Window repairs and cat flap repair	$253.00	Window repairs and cat flap repair
Carpet Cleaning: Rug Doctor	$92.69	Carpet Cleaning: Rug Doctor
Fridge freezer to the tip	$82.00	Fridge freezer to the tip
Pest control	$26.00	Pest control
Skip Bin hire	$556.50	Skip Bin hire
Outside light replacement	$39.47	Outside light replacement
Painting materials damaged walls	$81.50	Painting materials damaged walls
Replace roller blinds less 30% depreciation	$70.00	Replace roller blinds less 30% depreciation
Replace curtains less 30% depreciation	$221.20	Replace curtains less 30% depreciation
Repairs: Patio bolts	$65.00	Repairs: Patio bolts
Plumbing repairs: Shower waste replaced	$423.77	Plumbing repairs: Shower waste replaced
Lawns	$75.90	Lawns
Second hand washing machine replacement	$100.00	Second hand washing machine replacement
Second hand wall heater replacement	$120.00	Second hand wall heater replacement
Repairs: Shed door	$100.00	Repairs: Shed door
Lock/key replacement	$140.00	Lock/key replacement
Water rates	$27.37	Water rates
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Net award	$4,837.61
Total payable by Tenant to Landlord	$4,837.61

Order

dated 18 October 2023 in Application Number 4677633, or for compensation I ordered on 17 January 2024 in this Application, 4738830.

The Tribunal will arrange for [name suppressed] to be removed from the order dated 18 October 2023, Application Number 4677633 4. DescriptionLandlord Previous order application 4677633 dated 10/10/2023$2,113.53 Cleaning: incl air fresheners$229.24 Window repairs and cat flap repair$253.00 Carpet Cleaning: Rug Doctor$92.69 Fridge freezer to the tip$82.00 Pest control$26.00 Skip Bin hire$556.50 Outside light replacement$39.47 Painting materials damaged walls$81.50 Replace roller blinds less 30% depreciation$70.00 Replace curtains less 30% depreciation$221.20 Repairs: Patio bolts$65.00 Plumbing repairs: Shower waste replaced$423.77 Lawns$75.90 Second hand washing machine replacement$100.00 Second hand wall heater replacement$120.00 Repairs: Shed door$100.00 Lock/key replacement$140.00 Water rates$27.37 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$4,837.61

Reasons

for granting a rehearing and amending the order.

The landlord and [Name suppressed] appeared for the hearing. Daniel Brimble and Khanne Brimble did not appear for the hearing.
[Name suppressed] has applied for a rehearing of the Tribunal orders requiring her to pay rent arrears and compensation. Her grounds for the rehearing are as follows. [Name suppressed] was unaware of the hearing because she was receiving medical treatment in [suppressed] and did not have access to her phone or emails. She claims that she had vacated the tenancy and should not have been included in the applications and the orders for rent arrears and compensation.
I have considered her application for a rehearing and find that something has gone wrong and needs to be rectified regarding the orders. The orders were made because adjudicators understood that [Name suppressed] was a tenant until the tenancy was terminated by a Tribunal order in October 2023. Neither adjudicator had information showing that she had given notice to end her tenancy over 28 days before the end of the fixed term.
I am satisfied that the rehearing should be granted to deal with the new evidence. Was [Name suppressed] a tenant when the Tribunal ordered termination for rent arrears?
[Name suppressed] became a party to a fixed term tenancy by a change of tenant agreement on 14 February 2022. Daniel Brimble and Khanne Brimble were the other two tenants. On the same day as the change of tenant form was signed, a tenancy agreement naming [Name suppressed], Daniel Brimble and Khanne Brimble as tenants was completed. It states that a fixed term tenancy would commence on 16 July 2022 and end on 8 July 2023. As the fixed term came to an end [Name suppressed] decided to end her tenancy. On 2 June 2023 she wrote to the property manager giving 28 days notice to terminate her tenancy. On 8 June 2023 the property manager emailed all three tenants stating that, “We have received notice from [Name suppressed] that she will be vacating the property (28 days notice given on 2 nd June 2023)”. The property manager incorrectly informed the tenants that if Daniel Brimble and Khanne Brimble wished to stay on at the property, [Name suppressed] would have to arrange a change of tenant and would be liable for rent and outgoings until she did.
The other two tenants did stay on at the property and their tenancy was terminated by the Tribunal on 18 October 2023 for rent arrears of $4,484.30.
The property manager at the time made mistakes. It appears that she did not realise that [Name suppressed]’s termination notice brought the tenancy of all tenants to an end on 8 July 2023. Any tenancy involving the two remaining tenants would require a new tenancy agreement, not a change of tenant with the old tenancy agreement continuing. She made a mistake by requiring [Name suppressed] to arrange a change of tenant form as if it was [Name suppressed]’s obligation to keep the tenancy in place. However as already stated, when [Name suppressed] ended the fixed term tenancy by 28 day notice that was the end of the tenancy for all the tenants. A completely new tenancy agreement is required where a fixed term tenancy is ended by any tenant.
Section 60A of the Residential Tenancies Act 1986 provides as follows (my bold): (1) On the expiry of a fixed-term tenancy of more than 90 days, the tenancy continues as a periodic tenancy with the same terms as the terms contained in the expired tenancy so far as those terms are consistent with a periodic tenancy. (2) However, the tenancy does not continue as a periodic tenancy if,— (a) before the expiry, the parties renew or extend the existing tenancy agreement; or (b) before the expiry, the parties agree not to continue with the tenancy; or (c) at least 28 days before the expiry, the tenant gives the landlord written notice of the tenant’s intention not to continue with the tenancy; or
[Name suppressed] gave her notice at least 28 days before the expiry of the fixed term. Her tenancy and all obligations ended. The rent record shows that at the end of her tenancy on 8 July 2023 rent was in advance by $610.00. Therefore the Order of the Tribunal requiring her to pay arrears is unjust. The adjudicator that made the order for [Name suppressed] to pay rent arrears did not have the information that was presented today showing [Name suppressed] gave notice on 2 June 2023 ending the fixed term tenancy on 8 July 2023.
After 8 July the landlord allowed Daniel Brimble and Khanne Brimble to stay at the property without a new tenancy agreement. After that tenancy ended on 10 October 2023 the property manager applied for compensation for cleaning and damages. However the landlord did not do an inspection at the end of [Name suppressed]’s tenancy in July 2023 and therefore it is now not possible to establish whether the amounts order relate to [Name suppressed]’s tenancy or the tenancy that followed. For that reason she cannot be found liable for the amounts set out in the table above and her name is removed from the order. Reasons for the amounts ordered.
The following reasons were given in the Tribunal order dated 17 January 2024. However for completeness the reasons will be repeated here.
The landlord applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord provided water rates invoices which prove the amount owing for water at 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, 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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The owner saved the tenants money because he did the rubbish removal.
The tenant did not return the keys and a lock needed replacing. The landlord did not provide sufficient evidence about the cost of that work. The estimate from a builder is not best evidence, especially when the builder also quoted such high prices for appliance replacement with no details of the quotes. I am satisfied that $140.00 is as much as can be ordered for locks and keys based on the evidence.
The following chattels were missing at the end of the tenancy: LG top loader washing machine and wall panel heater. The landlord did not provide details of the age of these items or the models. However a check on TradeMe showed these items available second hand and new prices far less than being claimed. A top loading LG washing machine can be replaced for $100.00 and a new Robin Hood 1500W wall panel heater is $169.00. The amount ordered reflects these prices.

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.
Tenants are liable for the cost of repairing damage that is intentional. 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 ‘Description” above shows the damage caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the 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 am required to take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. There was little evidence presented about the age and condition of the items at the start of the tenancy due to a change of management company during the tenancy.
The owner saved the tenants money because he did some repairs. The amounts ordered are proved. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
The landlord has wholly succeeded with the claim against Daniel Brimble and Khanne Brimble. The landlord’s request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).
Respondent, [Name suppressed] has wholly succeeded with her application that she should not be liable for any amounts set out in the landlord’s applications. The Tribunal of its own initiative grants her name suppression. (see Section 95A(4) of the Residential Tenancies Act 1986).

Claims and awards in Tenancy Tribunal application 4738830 — net $4,837.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4677633 dated 10/10/2023	$2,113.53	Previous order application 4677633 dated 10/10/2023
Cleaning: incl air fresheners	$229.24	Cleaning: incl air fresheners
Window repairs and cat flap repair	$253.00	Window repairs and cat flap repair
Carpet Cleaning: Rug Doctor	$92.69	Carpet Cleaning: Rug Doctor
Fridge freezer to the tip	$82.00	Fridge freezer to the tip
Pest control	$26.00	Pest control
Skip Bin hire	$556.50	Skip Bin hire
Outside light replacement	$39.47	Outside light replacement
Painting materials damaged walls	$81.50	Painting materials damaged walls
Replace roller blinds less 30% depreciation	$70.00	Replace roller blinds less 30% depreciation
Replace curtains less 30% depreciation	$221.20	Replace curtains less 30% depreciation
Repairs: Patio bolts	$65.00	Repairs: Patio bolts
Plumbing repairs: Shower waste replaced	$423.77	Plumbing repairs: Shower waste replaced
Lawns	$75.90	Lawns
Second hand washing machine replacement	$100.00	Second hand washing machine replacement
Second hand wall heater replacement	$120.00	Second hand wall heater replacement
Repairs: Shed door	$100.00	Repairs: Shed door
Lock/key replacement	$140.00	Lock/key replacement
Water rates	$27.37	Water rates
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Net award	$4,837.61
Total payable by Tenant to Landlord	$4,837.61

Order

dated 18 October 2023 in Application Number 4677633, or for compensation I ordered on 17 January 2024 in this Application, 4738830.

The Tribunal will arrange for [name suppressed] to be removed from the order dated 18 October 2023, Application Number 4677633 4. DescriptionLandlord Previous order application 4677633 dated 10/10/2023$2,113.53 Cleaning: incl air fresheners$229.24 Window repairs and cat flap repair$253.00 Carpet Cleaning: Rug Doctor$92.69 Fridge freezer to the tip$82.00 Pest control$26.00 Skip Bin hire$556.50 Outside light replacement$39.47 Painting materials damaged walls$81.50 Replace roller blinds less 30% depreciation$70.00 Replace curtains less 30% depreciation$221.20 Repairs: Patio bolts$65.00 Plumbing repairs: Shower waste replaced$423.77 Lawns$75.90 Second hand washing machine replacement$100.00 Second hand wall heater replacement$120.00 Repairs: Shed door$100.00 Lock/key replacement$140.00 Water rates$27.37 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$4,837.61

Reasons

for granting a rehearing and amending the order.

The landlord and [Name suppressed] appeared for the hearing. Daniel Brimble and Khanne Brimble did not appear for the hearing.
[Name suppressed] has applied for a rehearing of the Tribunal orders requiring her to pay rent arrears and compensation. Her grounds for the rehearing are as follows. [Name suppressed] was unaware of the hearing because she was receiving medical treatment in [suppressed] and did not have access to her phone or emails. She claims that she had vacated the tenancy and should not have been included in the applications and the orders for rent arrears and compensation.
I have considered her application for a rehearing and find that something has gone wrong and needs to be rectified regarding the orders. The orders were made because adjudicators understood that [Name suppressed] was a tenant until the tenancy was terminated by a Tribunal order in October 2023. Neither adjudicator had information showing that she had given notice to end her tenancy over 28 days before the end of the fixed term.
I am satisfied that the rehearing should be granted to deal with the new evidence. Was [Name suppressed] a tenant when the Tribunal ordered termination for rent arrears?
[Name suppressed] became a party to a fixed term tenancy by a change of tenant agreement on 14 February 2022. Daniel Brimble and Khanne Brimble were the other two tenants. On the same day as the change of tenant form was signed, a tenancy agreement naming [Name suppressed], Daniel Brimble and Khanne Brimble as tenants was completed. It states that a fixed term tenancy would commence on 16 July 2022 and end on 8 July 2023. As the fixed term came to an end [Name suppressed] decided to end her tenancy. On 2 June 2023 she wrote to the property manager giving 28 days notice to terminate her tenancy. On 8 June 2023 the property manager emailed all three tenants stating that, “We have received notice from [Name suppressed] that she will be vacating the property (28 days notice given on 2 nd June 2023)”. The property manager incorrectly informed the tenants that if Daniel Brimble and Khanne Brimble wished to stay on at the property, [Name suppressed] would have to arrange a change of tenant and would be liable for rent and outgoings until she did.
The other two tenants did stay on at the property and their tenancy was terminated by the Tribunal on 18 October 2023 for rent arrears of $4,484.30.
The property manager at the time made mistakes. It appears that she did not realise that [Name suppressed]’s termination notice brought the tenancy of all tenants to an end on 8 July 2023. Any tenancy involving the two remaining tenants would require a new tenancy agreement, not a change of tenant with the old tenancy agreement continuing. She made a mistake by requiring [Name suppressed] to arrange a change of tenant form as if it was [Name suppressed]’s obligation to keep the tenancy in place. However as already stated, when [Name suppressed] ended the fixed term tenancy by 28 day notice that was the end of the tenancy for all the tenants. A completely new tenancy agreement is required where a fixed term tenancy is ended by any tenant.
Section 60A of the Residential Tenancies Act 1986 provides as follows (my bold): (1) On the expiry of a fixed-term tenancy of more than 90 days, the tenancy continues as a periodic tenancy with the same terms as the terms contained in the expired tenancy so far as those terms are consistent with a periodic tenancy. (2) However, the tenancy does not continue as a periodic tenancy if,— (a) before the expiry, the parties renew or extend the existing tenancy agreement; or (b) before the expiry, the parties agree not to continue with the tenancy; or (c) at least 28 days before the expiry, the tenant gives the landlord written notice of the tenant’s intention not to continue with the tenancy; or
[Name suppressed] gave her notice at least 28 days before the expiry of the fixed term. Her tenancy and all obligations ended. The rent record shows that at the end of her tenancy on 8 July 2023 rent was in advance by $610.00. Therefore the Order of the Tribunal requiring her to pay arrears is unjust. The adjudicator that made the order for [Name suppressed] to pay rent arrears did not have the information that was presented today showing [Name suppressed] gave notice on 2 June 2023 ending the fixed term tenancy on 8 July 2023.
After 8 July the landlord allowed Daniel Brimble and Khanne Brimble to stay at the property without a new tenancy agreement. After that tenancy ended on 10 October 2023 the property manager applied for compensation for cleaning and damages. However the landlord did not do an inspection at the end of [Name suppressed]’s tenancy in July 2023 and therefore it is now not possible to establish whether the amounts order relate to [Name suppressed]’s tenancy or the tenancy that followed. For that reason she cannot be found liable for the amounts set out in the table above and her name is removed from the order. Reasons for the amounts ordered.
The following reasons were given in the Tribunal order dated 17 January 2024. However for completeness the reasons will be repeated here.
The landlord applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord provided water rates invoices which prove the amount owing for water at 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, 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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The owner saved the tenants money because he did the rubbish removal.
The tenant did not return the keys and a lock needed replacing. The landlord did not provide sufficient evidence about the cost of that work. The estimate from a builder is not best evidence, especially when the builder also quoted such high prices for appliance replacement with no details of the quotes. I am satisfied that $140.00 is as much as can be ordered for locks and keys based on the evidence.
The following chattels were missing at the end of the tenancy: LG top loader washing machine and wall panel heater. The landlord did not provide details of the age of these items or the models. However a check on TradeMe showed these items available second hand and new prices far less than being claimed. A top loading LG washing machine can be replaced for $100.00 and a new Robin Hood 1500W wall panel heater is $169.00. The amount ordered reflects these prices.

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.
Tenants are liable for the cost of repairing damage that is intentional. 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 ‘Description” above shows the damage caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the 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 am required to take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. There was little evidence presented about the age and condition of the items at the start of the tenancy due to a change of management company during the tenancy.
The owner saved the tenants money because he did some repairs. The amounts ordered are proved. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
The landlord has wholly succeeded with the claim against Daniel Brimble and Khanne Brimble. The landlord’s request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).
Respondent, [Name suppressed] has wholly succeeded with her application that she should not be liable for any amounts set out in the landlord’s applications. The Tribunal of its own initiative grants her name suppression. (see Section 95A(4) of the Residential Tenancies Act 1986).

Tenancy Tribunal case 4738830 — Property damage

At a glance

Tenancy Tribunal case 4738830 — Property damage

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

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

Frequently asked questions