What was the outcome of Tenancy Tribunal case 4755275?

The tribunal order states: The Bond Centre is to pay the bond of $5,200.00 (6515509-017) to Suzy

How much money was awarded in case 4755275?

Bed Base: $250.00 awarded to landlord; Bedroom Curtains: $1,750.00 awarded to landlord; Cleaning: $612.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $450.00 awarded to landlord; Mattress Topper: $250.00 awarded to landlord; Property Damage: $1,265.00 awarded to landlord; Property Damage: $315.00 awarded to landlord; Property Damage: $179.00 awarded to landlord; Property Damage: $380.00 awarded to landlord; Property Damage: $290.00 awarded to landlord; Reinstate Feature Wall: $875.00 awarded to landlord; Remove Marker Paint: $75.00 awarded to landlord; Rent Arrears: $10,400.00 awarded to landlord

What type of tenancy dispute was case 4755275?

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

Where can I read the official tribunal order for case 4755275?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10335378-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4755275?

The tribunal order states: The Bond Centre is to pay the bond of $5,200.00 (6515509-017) to Suzy

How much money was awarded in case 4755275?

Bed Base: $250.00 awarded to landlord; Bedroom Curtains: $1,750.00 awarded to landlord; Cleaning: $612.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $450.00 awarded to landlord; Mattress Topper: $250.00 awarded to landlord; Property Damage: $1,265.00 awarded to landlord; Property Damage: $315.00 awarded to landlord; Property Damage: $179.00 awarded to landlord; Property Damage: $380.00 awarded to landlord; Property Damage: $290.00 awarded to landlord; Reinstate Feature Wall: $875.00 awarded to landlord; Remove Marker Paint: $75.00 awarded to landlord; Rent Arrears: $10,400.00 awarded to landlord

What type of tenancy dispute was case 4755275?

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

Where can I read the official tribunal order for case 4755275?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10335378-Tribunal_Order.pdf.

156 Kaimata Road, Bay View, RD 2, Napier 4182 Tenancy Tribunal Case 4755275 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 4755275 — net $11,911.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$10,400.00	Rent arrears
Lawns and Garden work	$450.00	Lawns and Garden work
Repair garage lintel	$1,265.00	Repair garage lintel
Remove marker paint	$75.00	Remove marker paint
Reinstate feature wall	$875.00	Reinstate feature wall
Fire repair	$315.00	Fire repair
Toilet roll holder replacement	$179.00	Toilet roll holder replacement
Woodshed repair	$380.00	Woodshed repair
Mattress topper	$250.00	Mattress topper
Carpet/ mats/ lounge suite cleaning	$612.00	Carpet/ mats/ lounge suite cleaning
Bed base	$250.00	Bed base
Bedroom curtains	$1,750.00	Bedroom curtains
Paint repairs	$290.00	Paint repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,911.44
Total payable by Tenant to Landlord	$11,911.44

Both parties attended the hearing.

The tenant was represented by its director Mr Ferris, who appeared by teleconference.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background

The premises were rented on a fully furnished basis to a company, Industry Civil Ltd for a fixed term from 11 April 2023 to 11 December 2023.

Industry Civil Ltd went into receivership. The receiver agreed to pay all outstanding rent and power on condition that the tenant was able to continue renting the premises, which was used to house the company’s workers.

A new tenancy agreement was entered into between these parties for a fixed term from 1 September 2023 to 14 December 2023.

On 24 November 2023 the landlord gave the tenant 63 days’ notice that the tenancy would end on 25 January 2024 on the basis that the premises were required for occupation by a member of the landlords’ family.

A bond of $5,200.00 was paid to the landlords by Industry Civil Limited. It was not refunded, and no bond was paid by the tenant.

The evidence satisfied me that as part of the arrangement with the receiver for Industry civil Ltd, that company relinquished its interests in the tenancy, including the bond, to the tenant.

How much is owed for rent?

The landlord provided rent records which prove the amount owing 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.

Photographs provided by the landlord from the end of tenancy inspection show that the gardens and grounds were overgrown. They do not show in any comprehensive way the cleanliness of the interior of the premises, though the landlords say they have spent a great deal of time and effort bringing the premises back to a reasonable state.

The landlords obtained quotes for cleaning and grounds work but struggled to afford to pay for that work and did much of it themselves.

They have accordingly incurred no direct out of pocket loss in the amount of the quotes provided.

They are however entitled to compensation for the proven time, cost and inconvenience caused by the tenant’s breach of its obligation to ensure the premises were left in a reasonably clean and tidy condition.

I find it proved that some additional grounds work will be paid for by the landlords that they were unable to do themselves and that is necessary to have the property in reasonable condition.

I have awarded compensation in an amount I assess as fair having regard to the amount of necessary work shown by the evidence.

I do not find the tenant’s breach, or the compensation amount proved in relation to general cleaning of the interior of the premises.

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. (s.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 (s.49B(3)(a) RTA).

The landlords have insurance cover but have not made any claims on the basis that each of the individual items of claimed damage will be treated as a separate incident and each will attract an excess payment.

At the end of the hearing the landlords were given the opportunity to provide evidence of their insurance cover and the excess payable on any claim. The excess amount is $1,150.00.

Although from the landlords’ point of view there was continuity in occupation of the premises, this tenant is a different legal entity than Industry Civil Ltd. Compensation Orders for damage can only be made on this application in respect of damage proved to have been caused during this tenancy ie. since 1 September 2023.

The landlords bring the following compensation claims which are assessed individually below: Garage door lintel repairs $1265.00 Yellow road marker paint to be removed from concrete $ 75.00 Dining Room wall$ 875.00 Broken fire (replace & reinstall brick) $ 315.00 Bathroom toilet roll holder $ 179.00 Woodshed $ 380.00 Mattress topper (feather) $ 250.00 Carpets & Mats & Lounge Suite cleaned$ 612.00 Queen bed base (second hand) $ 250.00 Master bedroom curtains $2779.00 Balustrade $1094.80 Repair broken chair $ 155.00 Paint repairs (internal & external) $ 290.00 Garage door lintel repairs

Photographs provided by the landlord show damage to a lintel above the garage roller door. It appears to have been caused by too high a vehicle going through the door opening. The landlords say that the occupants of the premises told them that is what had happened.

I am satisfied that the damage occurred during the tenancy and is more than fair wear and tear. The repair cost is proved by a quote provided by the landlords. Yellow road marker paint

Photographs show what appears to be some yellow road marking paint on the exposed aggregate driveway surface. The landlords were unable to remove it themselves.

The removal cost is approved by a quote provided.

I am satisfied that the paint marking represents damage caused during the tenancy which is more than fair wear and tear. Dining Room Wall

There is a feature wall in the dining room a with a decal fixed on it. Photographs show damage to the bottom of that feature wall. The damage has been plastered but not sanded or sealed.

The landlords’ evidence is that they were able to find the original paint from the wall but their painter’s advice is that given its age it will no longer provide a match to the painted wall surface so the whole wall needs to be repainted. That also entails removal and reinstatement of the decal.

I am satisfied that the damage occurred during the tenancy and is more than fair wear and tear. The repair cost has proved by the quote provided. Fireplace

There is a double ended enclosed fireplace between the lounge and dining rooms. Photographs provided by the landlord show that a brick from the top of the fireplace is broken. I am satisfied the damage occurred during the tenancy.

It is hard to see how that damage might have occurred. it is difficult to imagine it happening through normal wear and tear.

Though there is no obvious cause, as noted, where damage is proved to have occurred during the tenancy and is more than fair wear and tear, the onus is on the tenant to provide evidence showing it didn't happen in circumstances that the tenant is responsible for.

In the absence of such evidence must find the tenant responsible for the damage. There repair cost as proved by a quote provided. Bathroom toilet roll holder

During the tenancy a toilet roll holder in the bathroom was broken. It was replaced, but not with one that matched the existing holder or other bathroom accessories.

I find that the landlords are entitled to have the broken holder of replaced like for like. The landlords have provided evidence of the replacement cost. Woodshed

Photographs show that during the tenancy the woodshed was damaged, with many of the cladding boards are broken. The damage is more than fair wear and tear. The repair cost has proved by the quote provided. Mattress Topper

The landlords have provided evidence of a feather mattress topper damaged by mould to the point that it required replacement.

I am satisfied with the damage occurred during the tenancy and that the landlord should be compensated for the replacement cost. Evidence of replacement cost ($589.99) provided by the landlords satisfies me that appropriate allowance has been made for depreciation. Carpet, mat and lounge suite cleaning

Photographs provided by the landlord show that carpets mats and the lounge suite were lift dirty and stained. The landlords are entitled to be reimbursed the cost of having those items cleaned and have provided proof of the cost.

In fact, the lounge suite was unable to be satisfactorily cleaned and has been discarded and replaced by another already owned by the landlords. Bed base

The base to one of the beds was damaged during the tenancy to the extent that it required replacement.

The landlords seek compensation for the cost of the second hand replacement base, which is appropriate. Master bedroom curtains

The curtains in the master bedroom appear to have been damaged by water during the tenancy and are badly stained. The curtains cover french doors, which it appears may have been left open allowing the curtains to get wet.

The landlords have tried to wash the curtains but without success and the curtains need to be replaced. The landlords have provided evidence of replacement value to which I have applied a discount to recognise their depreciated value. Balustrade

The landlords said that they were contacted by the occupants in August 2023 to say that the deck balustrade had fallen off and the glass balustrade was lying on the property, intact. Later it was found to be broken.

It seems more likely than not that the damage causing the balustrade to fall was caused before the start of this tenancy. I did not find it proved by the landlords that the damage occurred during this tenancy and that claim is declined. Broken chair

The landlords have provided evidence of a wooden chair that had been broken. They obtained a quote for its repair, but the chair was then removed from the property. It is part of a set and will not be replaced.

Although it seems to me more likely than not that the chair was damaged during the tenancy by what was more than fair wear and tear, the chair will not be replaced so there is no direct loss to the landlords to compensate. Paint repairs

Photographs show what appear to be water blaster marks on the exterior wall which have damaged the paint work. The damage occurred during the tenancy and the landlord should be compensated for the cost of the paint work being reinstated.

The cost is proved by a quote provided by the landlord. Bamboo floor

In front of the windows in the main bedroom, where the curtains suffered moisture damage, there is a circular white mark on the polished bamboo floors. The landlords believe that is likely to have occurred from the floor in that area having become wet, underneath where the occupants had stationed a free standing air conditioning unit.

The damage is quite noticeable, and the landlords are entitled to have the floors reinstated.

The quote for provided for the reinstatement work is $1,450.00 plus GST, more than the landlords’ insurance excess.

This would seem to me a separate and distinct damage item, attracting only one excess payment. Accordingly, the tenant’s liability is limited to the claims excess amount.

Because Suzy Rea, and Bruce Rea have succeeded with their claim I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4755275 — net $11,911.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$10,400.00	Rent arrears
Lawns and Garden work	$450.00	Lawns and Garden work
Repair garage lintel	$1,265.00	Repair garage lintel
Remove marker paint	$75.00	Remove marker paint
Reinstate feature wall	$875.00	Reinstate feature wall
Fire repair	$315.00	Fire repair
Toilet roll holder replacement	$179.00	Toilet roll holder replacement
Woodshed repair	$380.00	Woodshed repair
Mattress topper	$250.00	Mattress topper
Carpet/ mats/ lounge suite cleaning	$612.00	Carpet/ mats/ lounge suite cleaning
Bed base	$250.00	Bed base
Bedroom curtains	$1,750.00	Bedroom curtains
Paint repairs	$290.00	Paint repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,911.44
Total payable by Tenant to Landlord	$11,911.44