What was the outcome of Tenancy Tribunal case 4738991?

The tribunal order states: Isabel Cimalia Tane must pay Rempstone Property Management Limited

How much money was awarded in case 4738991?

Cleaning: $680.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord; plastering and painting walls, doors…: $937.25 awarded to landlord; Replace Carpet In Bedroom 1 (Carpet…: $887.99 awarded to landlord; Rubbish Removal: $70.00 awarded to landlord; Smoke Alarms: $121.90 awarded to landlord

What type of tenancy dispute was case 4738991?

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

Where can I read the official tribunal order for case 4738991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9735820-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4738991?

The tribunal order states: Isabel Cimalia Tane must pay Rempstone Property Management Limited

How much money was awarded in case 4738991?

Cleaning: $680.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord; plastering and painting walls, doors…: $937.25 awarded to landlord; Replace Carpet In Bedroom 1 (Carpet…: $887.99 awarded to landlord; Rubbish Removal: $70.00 awarded to landlord; Smoke Alarms: $121.90 awarded to landlord

What type of tenancy dispute was case 4738991?

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

Where can I read the official tribunal order for case 4738991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9735820-Tenancy_Tribunal_Order.pdf.

129 Springs Road, Hornby, Christchurch 8042 Tenancy Tribunal Case 4738991 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4738991 — net $777.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: plastering and painting walls, doors, ceilings	$937.25	Repairs: plastering and painting walls, doors, ceilings
Carpet cleaning and house cleaning	$680.00	Carpet cleaning and house cleaning
Replace carpet in bedroom 1 (carpet cost depreciated 25	$887.99	Replace carpet in bedroom 1 (carpet cost depreciated 25
Replace light bulbs, sockets, and smoke alarm	$121.90	Replace light bulbs, sockets, and smoke alarm
Repair front lawn damage from caravan parking	$500.00	Repair front lawn damage from caravan parking
Rubbish removal	$70.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$777.58
Total payable by Tenant to Landlord	$777.58

Mr Bai represented the landlord. The tenant did not attend the hearing. The tenant was granted approval to attend the hearing by phone. The registrar’s calls to her on the number she provided were not answered.

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, 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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. 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 carpets had to be cleaned.

The landlord had to replace light bulbs and a smoke alarm and had to repair light bulb sockets.

The amounts ordered are proved by invoices, property inspection reports and by the evidence Mr Bai gave at the hearing.

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: walls, ceilings and doors were damaged and had to be repaired and painted. The carpet in bedroom 1 was removed and then only part of the carpet was returned. The carpet had to be replaced.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved by invoices and property inspection reports and by the evidence Mr Bai gave at the hearing.

I have considered 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 for the carpet claim, I have considered the age and condition of the carpet at the start of the tenancy and its likely useful lifespan.

As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Claims and awards in Tenancy Tribunal application 4738991 — net $777.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: plastering and painting walls, doors, ceilings	$937.25	Repairs: plastering and painting walls, doors, ceilings
Carpet cleaning and house cleaning	$680.00	Carpet cleaning and house cleaning
Replace carpet in bedroom 1 (carpet cost depreciated 25	$887.99	Replace carpet in bedroom 1 (carpet cost depreciated 25
Replace light bulbs, sockets, and smoke alarm	$121.90	Replace light bulbs, sockets, and smoke alarm
Repair front lawn damage from caravan parking	$500.00	Repair front lawn damage from caravan parking
Rubbish removal	$70.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$777.58
Total payable by Tenant to Landlord	$777.58

Order

Isabel Cimalia Tane must pay Rempstone Property Management Limited $777.58 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,440.00 (5557394-004) to Rempstone Property Management Limited immediately.

Reasons

Mr Bai represented the landlord. The tenant did not attend the hearing. The tenant was granted approval to attend the hearing by phone. The registrar’s calls to her on the number she provided were not answered.
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, 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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. 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 carpets had to be cleaned.
The landlord had to replace light bulbs and a smoke alarm and had to repair light bulb sockets.
The amounts ordered are proved by invoices, property inspection reports and by the evidence Mr Bai gave at the hearing.

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: walls, ceilings and doors were damaged and had to be repaired and painted. The carpet in bedroom 1 was removed and then only part of the carpet was returned. The carpet had to be replaced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by invoices and property inspection reports and by the evidence Mr Bai gave at the hearing.
I have considered 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 for the carpet claim, I have considered the age and condition of the carpet at the start of the tenancy and its likely useful lifespan.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

Tenancy Tribunal case 4738991 — Property damage at 129 Springs Road, Hornby, Christchurch 8042

At a glance

Tenancy Tribunal case 4738991 — Property damage at 129 Springs Road, Hornby, Christchurch 8042

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