What was the outcome of Tenancy Tribunal case 4739290?

The tribunal order states: Mystique Pearce must pay Utrust Property Management Limited $1,128.96

How much money was awarded in case 4739290?

Cleaning: $172.50 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Door Lock And Key: $80.00 awarded to landlord; Rent Owing To 8/10/2023: $508.57 awarded to landlord; exterior wall and interior door fram…: $187.45 awarded to landlord; Property Damage: $800.00 awarded to landlord; Replace Furnishings: Carpet Stains: $1,100.00 awarded to landlord

What type of tenancy dispute was case 4739290?

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

Where can I read the official tribunal order for case 4739290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10195303-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4739290?

The tribunal order states: Mystique Pearce must pay Utrust Property Management Limited $1,128.96

How much money was awarded in case 4739290?

Cleaning: $172.50 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Door Lock And Key: $80.00 awarded to landlord; Rent Owing To 8/10/2023: $508.57 awarded to landlord; exterior wall and interior door fram…: $187.45 awarded to landlord; Property Damage: $800.00 awarded to landlord; Replace Furnishings: Carpet Stains: $1,100.00 awarded to landlord

What type of tenancy dispute was case 4739290?

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

Where can I read the official tribunal order for case 4739290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10195303-Tenancy_Tribunal_Order.pdf.

Unit 1, 158 Killarney Road, Frankton, Hamilton 3204 Tenancy Tribunal Case 4739290 — Property damage

Claims and awards in Tenancy Tribunal application 4739290 — net $1,128.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing to 8/10/2023	$508.57	Rent owing to 8/10/2023
Garage door lock and key	$80.00	Garage door lock and key
Repairs: exterior wall and interior door frame	$187.45	Repairs: exterior wall and interior door frame
Cleaning	$500.00	Cleaning
Repairs: paint and repairs on walls	$800.00	Repairs: paint and repairs on walls
Carpet Cleaning	$172.50	Carpet Cleaning
Replace furnishings: carpet stains	$1,100.00	Replace furnishings: carpet stains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,128.96
Total payable by Tenant to Landlord	$1,128.96

Order

Mystique Pearce must pay Utrust Property Management Limited $1,128.96 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,240.00 (6215021-005) to Utrust Property Management Limited immediately.

Reasons

The landlord’s representatives attended the hearing today. The tenant did not attend, and their phone number has been disconnected. I continued in their absence because they have been emailed notice of the hearing date and time.
The landlord has applied for rent owing, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This was a fixed term tenancy starting from 4 October 2022. One of the two joint tenants was released from the tenancy as from 6 June 2023 and this application names only the sole remaining tenant.
The tenancy ended on 8 October 2023. The landlord provided rent records which prove the amount owing for rent at the end of the tenancy is $508.57, which is awarded.
The landlord noted in an inspection in August 2023 that there were stains on the carpet in at least two bedrooms and children’s drawings on several walls and on the walls of one of the showers. The tenant was asked to remedy these issues, but the landlord reports they did not do so.
A tenant has a legal obligation to leave tenancy premises reasonably clean and tidy; section 45(1)(e)(iii) Residential Tenancies Act 1986 (RTA).
The landlord’s photographs taken after the tenancy ended show that the premises were not left reasonably clean and tidy, and I agree that compensation for cleaning costs is reasonable. Standard cleaning of bathrooms, oven, window frames and sills, and floors needed to be done. In addition, the shower box and glass doors had been drawn on with crayons, and one or two kitchen cabinets were also drawn on by a child. I award the cleaning invoice in full which is very reasonable at $500.00.
I accept the landlord’s advice that a key to the garage single door was lost and award the cost of $80.00 to change and rekey the lock.
Photographs evidence stains on the carpet in most rooms in the house and on the stairs. I award the carpet cleaning invoice.

Is the tenant liable to pay for the damage to the premises?

The landlord submits that the tenant caused damage to the premises that is more than normal wear and tear. If this is proven, 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 any 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.
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. See section 49B(1) RTA.
The landlord has proved that the following damage was caused during the tenancy. I find this to be intentionally caused and the tenant liable. The damage appears to be from fixtures attached and later removed by the tenant. I award the invoice as provided ($187.45). a. Four screw holes in the outside cladding where a doorbell was installed and removed, b. Screw holes in outside corner framing where fencing had been installed and removed, c. Holes in interior of front door where a lock or bolt had been installed and then removed.
The landlord has proved that several walls in the house were drawn on by a child with permanent ink. This is, at the least, careless damage. Single walls in two bedrooms, the en-suite bathroom door, and the architrave in the entry area needed to be sanded and repainted.
There were small holes in walls where shelves or other fixtures had been removed from a wall in the master bedroom, in the lounge, and at the top and bottom of the stairs. This damage is intentional, and the holes needed to be patched and painted over. A plastered patch in the internal garage wall also needed painting.
I have awarded most of the cost charged by a contractor to do the patching and painting work. I have reduced the invoiced amount for repainting the entry, stairs, and lounge by 50% to recognise that some of the scuffs and marks in these areas were normal wear and tear. The amount awarded is $800.00.
The final claim relates to damage to the carpet caused by stains that could not be removed by professional carpet cleaning. Photographs were provided which were taken after the cleaning was done. The landlord has decided to replace the carpet in the whole house.
‘Before’ and ‘after’ photos were supplied so it is proven that the stains occurred during the tenancy. I find the damage to be careless. I note that the stains may have been able to be removed if spills had been mopped up within a short time (using water and followed with a product approved by the landlord).
My task is to assess a fair value to the damage. To do this I have assessed how many stains are in each room, how big and how visible the stains are, and have taken into account the age of the carpet. The landlord does have insurance so the maximum amount to be awarded per room is the excess.
The photos show at least four visible and permanent stains in the master bedroom carpet with up to three less visible stains. The number of stains and the visibility of most of them means it is reasonable to award the insurance excess of $550.00 to replace carpet in this room.
The stains on the stairs and in the hallway are not very visible. I do not award compensation for these rooms. The carpet could have been left as it was.
Two large and moderately visible stains can be seen in one of the other bedrooms and one smaller but bright pink stain in the third bedroom. I award a total of $550.00 for these two rooms (which is equivalent to one further insurance excess).
The carpet was 4.5 years old so is about halfway through its expected life (based on the Inland Revenue Department Depreciation Schedule for residential tenancies). It can be helpful for the landlord to realise that damage caused by the tenant is not to new carpet but to carpet that has a limited life.
I have awarded a total contribution for the carpet damage of $1,100.00 which I consider is fair and reasonable in the circumstances.
The landlord has substantially succeeded with the claim, so I also award the filing fee.
The bond is refunded to the landlord. The balance is payable by the tenant. The landlord may agree to a repayment plan if the tenant makes contact. This could reduce enforcement costs and credit rating issues.
No suppression orders apply.

Claims and awards in Tenancy Tribunal application 4739290 — net $1,128.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owing to 8/10/2023	$508.57	Rent owing to 8/10/2023
Garage door lock and key	$80.00	Garage door lock and key
Repairs: exterior wall and interior door frame	$187.45	Repairs: exterior wall and interior door frame
Cleaning	$500.00	Cleaning
Repairs: paint and repairs on walls	$800.00	Repairs: paint and repairs on walls
Carpet Cleaning	$172.50	Carpet Cleaning
Replace furnishings: carpet stains	$1,100.00	Replace furnishings: carpet stains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,128.96
Total payable by Tenant to Landlord	$1,128.96

Order

Mystique Pearce must pay Utrust Property Management Limited $1,128.96 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,240.00 (6215021-005) to Utrust Property Management Limited immediately.

Reasons

The landlord’s representatives attended the hearing today. The tenant did not attend, and their phone number has been disconnected. I continued in their absence because they have been emailed notice of the hearing date and time.
The landlord has applied for rent owing, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This was a fixed term tenancy starting from 4 October 2022. One of the two joint tenants was released from the tenancy as from 6 June 2023 and this application names only the sole remaining tenant.
The tenancy ended on 8 October 2023. The landlord provided rent records which prove the amount owing for rent at the end of the tenancy is $508.57, which is awarded.
The landlord noted in an inspection in August 2023 that there were stains on the carpet in at least two bedrooms and children’s drawings on several walls and on the walls of one of the showers. The tenant was asked to remedy these issues, but the landlord reports they did not do so.
A tenant has a legal obligation to leave tenancy premises reasonably clean and tidy; section 45(1)(e)(iii) Residential Tenancies Act 1986 (RTA).
The landlord’s photographs taken after the tenancy ended show that the premises were not left reasonably clean and tidy, and I agree that compensation for cleaning costs is reasonable. Standard cleaning of bathrooms, oven, window frames and sills, and floors needed to be done. In addition, the shower box and glass doors had been drawn on with crayons, and one or two kitchen cabinets were also drawn on by a child. I award the cleaning invoice in full which is very reasonable at $500.00.
I accept the landlord’s advice that a key to the garage single door was lost and award the cost of $80.00 to change and rekey the lock.
Photographs evidence stains on the carpet in most rooms in the house and on the stairs. I award the carpet cleaning invoice.

Is the tenant liable to pay for the damage to the premises?

The landlord submits that the tenant caused damage to the premises that is more than normal wear and tear. If this is proven, 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 any 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.
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. See section 49B(1) RTA.
The landlord has proved that the following damage was caused during the tenancy. I find this to be intentionally caused and the tenant liable. The damage appears to be from fixtures attached and later removed by the tenant. I award the invoice as provided ($187.45). a. Four screw holes in the outside cladding where a doorbell was installed and removed, b. Screw holes in outside corner framing where fencing had been installed and removed, c. Holes in interior of front door where a lock or bolt had been installed and then removed.
The landlord has proved that several walls in the house were drawn on by a child with permanent ink. This is, at the least, careless damage. Single walls in two bedrooms, the en-suite bathroom door, and the architrave in the entry area needed to be sanded and repainted.
There were small holes in walls where shelves or other fixtures had been removed from a wall in the master bedroom, in the lounge, and at the top and bottom of the stairs. This damage is intentional, and the holes needed to be patched and painted over. A plastered patch in the internal garage wall also needed painting.
I have awarded most of the cost charged by a contractor to do the patching and painting work. I have reduced the invoiced amount for repainting the entry, stairs, and lounge by 50% to recognise that some of the scuffs and marks in these areas were normal wear and tear. The amount awarded is $800.00.
The final claim relates to damage to the carpet caused by stains that could not be removed by professional carpet cleaning. Photographs were provided which were taken after the cleaning was done. The landlord has decided to replace the carpet in the whole house.
‘Before’ and ‘after’ photos were supplied so it is proven that the stains occurred during the tenancy. I find the damage to be careless. I note that the stains may have been able to be removed if spills had been mopped up within a short time (using water and followed with a product approved by the landlord).
My task is to assess a fair value to the damage. To do this I have assessed how many stains are in each room, how big and how visible the stains are, and have taken into account the age of the carpet. The landlord does have insurance so the maximum amount to be awarded per room is the excess.
The photos show at least four visible and permanent stains in the master bedroom carpet with up to three less visible stains. The number of stains and the visibility of most of them means it is reasonable to award the insurance excess of $550.00 to replace carpet in this room.
The stains on the stairs and in the hallway are not very visible. I do not award compensation for these rooms. The carpet could have been left as it was.
Two large and moderately visible stains can be seen in one of the other bedrooms and one smaller but bright pink stain in the third bedroom. I award a total of $550.00 for these two rooms (which is equivalent to one further insurance excess).
The carpet was 4.5 years old so is about halfway through its expected life (based on the Inland Revenue Department Depreciation Schedule for residential tenancies). It can be helpful for the landlord to realise that damage caused by the tenant is not to new carpet but to carpet that has a limited life.
I have awarded a total contribution for the carpet damage of $1,100.00 which I consider is fair and reasonable in the circumstances.
The landlord has substantially succeeded with the claim, so I also award the filing fee.
The bond is refunded to the landlord. The balance is payable by the tenant. The landlord may agree to a repayment plan if the tenant makes contact. This could reduce enforcement costs and credit rating issues.
No suppression orders apply.

Tenancy Tribunal case 4739290 — Property damage at Unit 1, 158 Killarney Road, Frankton, Hamilton 3204

At a glance

Tenancy Tribunal case 4739290 — Property damage at Unit 1, 158 Killarney Road, Frankton, Hamilton 3204

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant liable to pay 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

Is the tenant liable to pay for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions