What was the outcome of Tenancy Tribunal case 4805979?

The tribunal order states: Marcia Louise Morris and Craig Brian Morris must pay Vng Rentals Limited

How much money was awarded in case 4805979?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,120.00 awarded to landlord; Water Rates: $66.17 awarded to landlord

What type of tenancy dispute was case 4805979?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4805979?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10449598-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4805979?

The tribunal order states: Marcia Louise Morris and Craig Brian Morris must pay Vng Rentals Limited

How much money was awarded in case 4805979?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,120.00 awarded to landlord; Water Rates: $66.17 awarded to landlord

What type of tenancy dispute was case 4805979?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4805979?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10449598-Tenancy_Tribunal_Order.pdf.

16 Arbors Track, Silverdale, Silverdale 0932 Tenancy Tribunal Case 4805979 — Rent arrears

Claims and awards in Tenancy Tribunal application 4805979 — net $1,206.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28.12.23	$1,120.00	Rent arrears to 28.12.23
Water rates	$66.17	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,206.61
Bond	$3,400.00
Total payable by Tenant to Landlord	$1,206.61

Order

Marcia Louise Morris and Craig Brian Morris must pay Vng Rentals Limited $1,206.61 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 (5988665-002) immediately apportioned as follows: Vng Rentals Limited: $1,206.61 Marcia Louise Morris and Craig Brian Morris: $2,193.39

Reasons

Both parties attended the hearing.
The landlord has applied 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 28 December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenants are responsible for this debt.

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 landlord claims that the tenants did not leave the garage floor in a clean condition. They say that there were marks on the garage floor which had to be professionally cleaned.
The landlord has not filed any inspection photographs in support of her claims. At the very least I would have expected photographic evidence taken at the time the tenants moved into the property along with photographic evidence taken at the exit inspection. These photographs have not been provided by the landlord. During the hearing the landlord stated that she had inspection photos on her computer. These should have been provided to the Tribunal and the tenants well in advance of todays’ hearing.
The landlord has only provided a quotation from Mr Build Homes Holding Limited dated 12 January 2024. In the absence of photographic evidence I am not persuaded that the tenants should be liable for this charge.
The landlord also claims that the tenants blocked the sewage tank with fat and baby wipes. The tenants do not accept this claim. They stated during the hearing that they do not use baby wipes. They also only resided there 3 to 4 days per week. There is no evidence in support of this claim other than an invoice from Drain Ninjas dated 8 February 2024. I also note that the tenants moved out of the property towards the end of December 2023. The landlord was unable to advise when the new tenants moved in. She was also unable to confirm the date that Drain Ninjas inspected the tank.
With the passage of time from when they moved out to when the inspection may have taken place, I am not satisfied that there is sufficient evidence linking the tenants to this issue.
Accordingly, the claims in respect of garage floor cleaning and sewage tank cleaning are dismissed.

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 landlord has provided a quote from Mr Build Homes Holding Limited dated 12 January 2024 itemising amounts for damage repairs. As already noted in my decision the landlord has not provided any photographic evidence in support of her claims. The tenants stated that when they moved into the property there were existing 3M sticky picture ‘hooks’ on the walls. The hooks came unstuck when they used them for their own pictures causing minor damage.
To succeed with their claims for compensation the landlord should have provided evidence such as photographs and a completed property inspection checklist, at the very least. This has not been done and because of this I am unable to make a proper assessment of the condition of the property, both internal and external, at the time the tenants moved in. I am also unable to assess the condition of the property at the time they vacated.
Accordingly, the claim in respect of the invoice from Mr Build Homes Holding Limited must be dismissed.
The landlord also claims that the tenants damaged a pump by letting it run dry. The landlord has provided an invoice from EcoFlow dated 13 February 2024. I make the same finding with this claim as I did with the claim for the Drain Ninjas invoice. I see no evidence which links the tenants to this issue. The landlord stated during the hearing that she was unsure when EcoFlow inspected the pump. She was also unsure when the new tenants moved into the property. For these reasons I am not satisfied that the tenants should be liable for this cost.
Accordingly, the claim in respect of the EcoFlow invoice dated 13 February 2024 is dismissed.
Because Vng Rentals Limited has partly succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4805979 — net $1,206.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28.12.23	$1,120.00	Rent arrears to 28.12.23
Water rates	$66.17	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,206.61
Bond	$3,400.00
Total payable by Tenant to Landlord	$1,206.61

Order

Marcia Louise Morris and Craig Brian Morris must pay Vng Rentals Limited $1,206.61 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 (5988665-002) immediately apportioned as follows: Vng Rentals Limited: $1,206.61 Marcia Louise Morris and Craig Brian Morris: $2,193.39

Reasons

Both parties attended the hearing.
The landlord has applied 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 28 December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Having sighted this evidence I am satisfied that the tenants are responsible for this debt.

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 landlord claims that the tenants did not leave the garage floor in a clean condition. They say that there were marks on the garage floor which had to be professionally cleaned.
The landlord has not filed any inspection photographs in support of her claims. At the very least I would have expected photographic evidence taken at the time the tenants moved into the property along with photographic evidence taken at the exit inspection. These photographs have not been provided by the landlord. During the hearing the landlord stated that she had inspection photos on her computer. These should have been provided to the Tribunal and the tenants well in advance of todays’ hearing.
The landlord has only provided a quotation from Mr Build Homes Holding Limited dated 12 January 2024. In the absence of photographic evidence I am not persuaded that the tenants should be liable for this charge.
The landlord also claims that the tenants blocked the sewage tank with fat and baby wipes. The tenants do not accept this claim. They stated during the hearing that they do not use baby wipes. They also only resided there 3 to 4 days per week. There is no evidence in support of this claim other than an invoice from Drain Ninjas dated 8 February 2024. I also note that the tenants moved out of the property towards the end of December 2023. The landlord was unable to advise when the new tenants moved in. She was also unable to confirm the date that Drain Ninjas inspected the tank.
With the passage of time from when they moved out to when the inspection may have taken place, I am not satisfied that there is sufficient evidence linking the tenants to this issue.
Accordingly, the claims in respect of garage floor cleaning and sewage tank cleaning are dismissed.

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 landlord has provided a quote from Mr Build Homes Holding Limited dated 12 January 2024 itemising amounts for damage repairs. As already noted in my decision the landlord has not provided any photographic evidence in support of her claims. The tenants stated that when they moved into the property there were existing 3M sticky picture ‘hooks’ on the walls. The hooks came unstuck when they used them for their own pictures causing minor damage.
To succeed with their claims for compensation the landlord should have provided evidence such as photographs and a completed property inspection checklist, at the very least. This has not been done and because of this I am unable to make a proper assessment of the condition of the property, both internal and external, at the time the tenants moved in. I am also unable to assess the condition of the property at the time they vacated.
Accordingly, the claim in respect of the invoice from Mr Build Homes Holding Limited must be dismissed.
The landlord also claims that the tenants damaged a pump by letting it run dry. The landlord has provided an invoice from EcoFlow dated 13 February 2024. I make the same finding with this claim as I did with the claim for the Drain Ninjas invoice. I see no evidence which links the tenants to this issue. The landlord stated during the hearing that she was unsure when EcoFlow inspected the pump. She was also unsure when the new tenants moved into the property. For these reasons I am not satisfied that the tenants should be liable for this cost.
Accordingly, the claim in respect of the EcoFlow invoice dated 13 February 2024 is dismissed.
Because Vng Rentals Limited has partly succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4805979 — Rent arrears at 16 Arbors Track, Silverdale, Silverdale 0932

At a glance

Tenancy Tribunal case 4805979 — Rent arrears at 16 Arbors Track, Silverdale, Silverdale 0932

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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