What was Tenancy Tribunal case 4758797 about?

The tribunal order states: Folole Tapusoa must pay [the landlord] $455.26 immediately, calculated as

How much money was awarded in case 4758797?

Cleaning: $299.00 awarded to landlord; Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Other: $720.00 awarded to landlord; Property Damage: $770.50 awarded to landlord; Rent Arrears: $308.57 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord; Water Rates: $181.75 awarded to landlord

What type of tenancy dispute was case 4758797?

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

Where can I read the official tribunal order for case 4758797?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10497658-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4758797 about?

The tribunal order states: Folole Tapusoa must pay [the landlord] $455.26 immediately, calculated as

How much money was awarded in case 4758797?

Cleaning: $299.00 awarded to landlord; Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Other: $720.00 awarded to landlord; Property Damage: $770.50 awarded to landlord; Rent Arrears: $308.57 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord; Water Rates: $181.75 awarded to landlord

What type of tenancy dispute was case 4758797?

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

Where can I read the official tribunal order for case 4758797?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10497658-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4758797 — Property damage

Claims and awards in Tenancy Tribunal application 4758797 — net $455.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 22/11/2023	$308.57	Rent arrears (to 22/11/2023
Water rates (to 22/11/2023	$181.75	Water rates (to 22/11/2023
Repairs (door locks, locks, window catch, toilet cistern and storage rack	$770.50	Repairs (door locks, locks, window catch, toilet cistern and storage rack
Carpet Cleaning	$299.00	Carpet Cleaning
Cleaning	$460.00	Cleaning
Rubbish removal	$575.00	Rubbish removal
Other	$720.00	Other
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$455.26
Total payable by Tenant to Landlord	$455.26

Order

Folole Tapusoa must pay [the landlord] $455.26 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,880.00 (3390680-008) to [the landlord] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The tenant has applied for compensation, exemplary damages, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
The landlord made a cross application for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 22 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

LANDLORD CLAIMS

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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 lawns were not mown.
The landlord had to replace light bulbs and smoke alarm batteries.
The amounts ordered are proved.

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: a. An interior door was damaged and needed replacement; b. A door lock was damaged and required repair; c. The toilet storage rack was damaged and needed repair; d. An aluminium window catch was broken; e. The toilet cistern was broken and needed repair; and f. The lounge curtain was damaged and required replacement.
The entry inspection and exit inspection photographs and report prove 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 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, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Is the tenant responsible for the break lease fee?

I award compensation of $720.00 to the landlord, for the reasonable administration and advertising costs it incurred due to the fixed term tenancy being ended by the tenant early.
The landlord brough the break lease fee to the tenant’s attention on 7 November 2023, in an email where the parties are discussing the tenant ending the fixed term tenancy early. The tenant agreed to these costs in her email reply to the property manager on 7 November 2023. In addition, the break lease fees are capped at one week’s rent in the tenancy agreement that the tenant signed. The landlord has not tried to charge the tenant any more than what is provided for in the tenancy agreement. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

TENANT CLAIMS

Under section 45(1)(b) of the RTA, the landlord has an obligation to investigate and repair a defect brought to its attention, within a timeframe that is reasonable in the circumstances. In Collins v Professionals Hutt City Ltd, the Wellington District Court held “what that time is depends not only on the gravity of the problem but also on the objective evidence of the attempts made by the landlord to investigate, and put right, whatever the problem might be”. 1
There is an obligation to repair, even if the tenant has notice of the state of repair of the premises when entering a tenancy agreement.
A tenant may give a landlord 14 days’ notice to remedy a breach of the RTA and/or any relevant enactment in relation to buildings, health and safety, but should do so in good faith and to remedy a real and significant breach 2 . However, notice from the tenant is not required if the landlord knew of the need to repair 3 or the need for repair was apparent from observation 4 .
There is also failure to repair if the repair is ineffective, non-complaint or unsafe 5 . 1 Collins v Professionals Hutt City Ltd DC Wellington CIV-2009-085-1431, 24 February 2019 at [15]. 2 Brough v Housing NZ Ltd NZTT1848/1, 27 May 202 at [13]. 3 Berghan v Ponsonby Property Management Ltd trading as L J Hooker [2015] NZTT Manukau 2845 at [9]- [11]. 4 Barfoot & Thompson Ltd v Casey DC Auckland CIV-2005-004-1762, 7 November 2007 at [4].
Under section 45(1)(a) of the RTA, a landlord must also provide the premises in a reasonable state of cleanliness.
Breaching either of these s45 obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
General damages may also be awarded in the form or rent reductions, water rates reductions or compensation for the stress, inconvenience and loss of amenity suffered by the tenants.
The tenant’s application alleges the landlord failed to maintain the premise in that it: a. Failed to ensure the garage door could be opened from outside using the electric door mechanism, meaning the door could not be fully locked as it needed to be left unlocked so it could be manually opened and closed from outside. The landlord confirmed there was no remote control provided as the door is old and the property manager had been unable to source a remote that worked on the door. Therefore, the tenant claims she had to use the switch inside the garage to open and close it remotely. The landlord agrees the door could be opened and closed from inside the garage and stated the tenant could go into the house to open and close the door so that she could leave it secured; b. Failed to replace a dirty curtain in the bedroom on the second floor of the premise. The entry inspection report notes that this curtain needed replacing. The landlord provided evidence to the Tribunal that proves this curtain was replaced on 20 March 2023, the same day the tenant moved in; and c. Failed to ensure the carpet was clean and free from dampness and odour. The property manager proved the carpets in the entire house had been cleaned immediately prior to the tenancy commencing and that the leak from the previous tenant disconnecting the washing machine had been dried out within a week of the tenancy commencing and had not caused ongoing dampness and odour issues.
The tenant did not attend the hearing today, as such we could not traverse her claims fully. Therefore, the tenant’s claims are dismissed for lack of evidence to prove them. Filing fee reimbursement 5 Staife v Aegis Trust [2016] NZTT Auckland 3314 at [31].
Because [the lanldord] has wholly succeeded with the claim I must reimburse the filing fee.
Because the tenant has not wholly or substantially proven her claims, her application for reimbursement of the filing fee is dismissed.

Claims and awards in Tenancy Tribunal application 4758797 — net $455.26 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 22/11/2023	$308.57	Rent arrears (to 22/11/2023
Water rates (to 22/11/2023	$181.75	Water rates (to 22/11/2023
Repairs (door locks, locks, window catch, toilet cistern and storage rack	$770.50	Repairs (door locks, locks, window catch, toilet cistern and storage rack
Carpet Cleaning	$299.00	Carpet Cleaning
Cleaning	$460.00	Cleaning
Rubbish removal	$575.00	Rubbish removal
Other	$720.00	Other
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$455.26
Total payable by Tenant to Landlord	$455.26

Order

Folole Tapusoa must pay [the landlord] $455.26 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,880.00 (3390680-008) to [the landlord] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The tenant has applied for compensation, exemplary damages, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
The landlord made a cross application for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 22 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

LANDLORD CLAIMS

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. 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 lawns were not mown.
The landlord had to replace light bulbs and smoke alarm batteries.
The amounts ordered are proved.

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: a. An interior door was damaged and needed replacement; b. A door lock was damaged and required repair; c. The toilet storage rack was damaged and needed repair; d. An aluminium window catch was broken; e. The toilet cistern was broken and needed repair; and f. The lounge curtain was damaged and required replacement.
The entry inspection and exit inspection photographs and report prove 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 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, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Is the tenant responsible for the break lease fee?

I award compensation of $720.00 to the landlord, for the reasonable administration and advertising costs it incurred due to the fixed term tenancy being ended by the tenant early.
The landlord brough the break lease fee to the tenant’s attention on 7 November 2023, in an email where the parties are discussing the tenant ending the fixed term tenancy early. The tenant agreed to these costs in her email reply to the property manager on 7 November 2023. In addition, the break lease fees are capped at one week’s rent in the tenancy agreement that the tenant signed. The landlord has not tried to charge the tenant any more than what is provided for in the tenancy agreement. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.

TENANT CLAIMS

Under section 45(1)(b) of the RTA, the landlord has an obligation to investigate and repair a defect brought to its attention, within a timeframe that is reasonable in the circumstances. In Collins v Professionals Hutt City Ltd, the Wellington District Court held “what that time is depends not only on the gravity of the problem but also on the objective evidence of the attempts made by the landlord to investigate, and put right, whatever the problem might be”. 1
There is an obligation to repair, even if the tenant has notice of the state of repair of the premises when entering a tenancy agreement.
A tenant may give a landlord 14 days’ notice to remedy a breach of the RTA and/or any relevant enactment in relation to buildings, health and safety, but should do so in good faith and to remedy a real and significant breach 2 . However, notice from the tenant is not required if the landlord knew of the need to repair 3 or the need for repair was apparent from observation 4 .
There is also failure to repair if the repair is ineffective, non-complaint or unsafe 5 . 1 Collins v Professionals Hutt City Ltd DC Wellington CIV-2009-085-1431, 24 February 2019 at [15]. 2 Brough v Housing NZ Ltd NZTT1848/1, 27 May 202 at [13]. 3 Berghan v Ponsonby Property Management Ltd trading as L J Hooker [2015] NZTT Manukau 2845 at [9]- [11]. 4 Barfoot & Thompson Ltd v Casey DC Auckland CIV-2005-004-1762, 7 November 2007 at [4].
Under section 45(1)(a) of the RTA, a landlord must also provide the premises in a reasonable state of cleanliness.
Breaching either of these s45 obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
General damages may also be awarded in the form or rent reductions, water rates reductions or compensation for the stress, inconvenience and loss of amenity suffered by the tenants.
The tenant’s application alleges the landlord failed to maintain the premise in that it: a. Failed to ensure the garage door could be opened from outside using the electric door mechanism, meaning the door could not be fully locked as it needed to be left unlocked so it could be manually opened and closed from outside. The landlord confirmed there was no remote control provided as the door is old and the property manager had been unable to source a remote that worked on the door. Therefore, the tenant claims she had to use the switch inside the garage to open and close it remotely. The landlord agrees the door could be opened and closed from inside the garage and stated the tenant could go into the house to open and close the door so that she could leave it secured; b. Failed to replace a dirty curtain in the bedroom on the second floor of the premise. The entry inspection report notes that this curtain needed replacing. The landlord provided evidence to the Tribunal that proves this curtain was replaced on 20 March 2023, the same day the tenant moved in; and c. Failed to ensure the carpet was clean and free from dampness and odour. The property manager proved the carpets in the entire house had been cleaned immediately prior to the tenancy commencing and that the leak from the previous tenant disconnecting the washing machine had been dried out within a week of the tenancy commencing and had not caused ongoing dampness and odour issues.
The tenant did not attend the hearing today, as such we could not traverse her claims fully. Therefore, the tenant’s claims are dismissed for lack of evidence to prove them. Filing fee reimbursement 5 Staife v Aegis Trust [2016] NZTT Auckland 3314 at [31].
Because [the lanldord] has wholly succeeded with the claim I must reimburse the filing fee.
Because the tenant has not wholly or substantially proven her claims, her application for reimbursement of the filing fee is dismissed.

Tenancy Tribunal case 4758797 — Property damage

At a glance

Tenancy Tribunal case 4758797 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

LANDLORD CLAIMS

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Is the tenant responsible for the break lease fee?

TENANT CLAIMS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

LANDLORD CLAIMS

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Is the tenant responsible for the break lease fee?

TENANT CLAIMS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions