What was Tenancy Tribunal case 4819111 about?

The tribunal order states: Yingchi Sarah Tse and Priscilla Charley Ting to pay [The landlord/s] $997.94

How much money was awarded in case 4819111?

Cleaning: $402.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Holes In Wall: $575.00 awarded to landlord

What type of tenancy dispute was case 4819111?

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

Where can I read the official tribunal order for case 4819111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10685327-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4819111 about?

The tribunal order states: Yingchi Sarah Tse and Priscilla Charley Ting to pay [The landlord/s] $997.94

How much money was awarded in case 4819111?

Cleaning: $402.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Holes In Wall: $575.00 awarded to landlord

What type of tenancy dispute was case 4819111?

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

Where can I read the official tribunal order for case 4819111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10685327-Tribunal_Order_Redacted.pdf.

40 Lilybank Crescent, East Tamaki, Auckland 2013 Tenancy Tribunal Case 4819111 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 4819111 — net $997.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$402.50	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Holes in wall	$575.00	Repairs: Holes in wall
Net award	$997.94
Bond	$2,720.00
Total payable by Tenant to Landlord	$997.94

Yingchi Sarah Tse and Priscilla Charley Ting to pay [The landlord/s] $997.94 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,720.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $997.94 Yingchi Sarah Tse and Priscilla Charley Ting: $1,722.06

I am dismissing the landlord’s claim for rent arrears, cleaning, replacement of a carpet square.

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.

This was a fixed term tenancy, with an expiry date of 14 May 2024. The tenants contacted the landlord in January 2024 to ask for an early termination of the fixed term.

On 10 January 2024, the landlord and tenants signed an agreement that the fixed term tenancy was to terminate on 6 February 2024, subjected to some conditions. The following were the conditions agreed between the parties: -The fixed term will terminate the day before a new tenancy commences and the tenant agrees to pay rent until that date. -The tenant agrees to vacate the property and grant possession back to the landlord on 6 February 2024. -The tenant is to agree to abide by the Residential Tenancies Act 1986 and the tenancy agreement. -The tenant agreed to pay expenses reasonably incurred to find new tenants. The tenant paid $1200.00 to the landlord for advertisement, administration and one week’s extra rent. -The tenant is to facilitate the obtaining of new tenants by keeping the property clean and tidy.

On 6 February 2024, the tenancy ended. Rent arrears:

The tenancy ended on 6 February 2024. The landlord provided rent records that show rent arrears of $1894.28 up to 24 February 2024 when the new tenants moved into the property. The tenant had no rent arrears on the 6 th of February 2024.

The landlord claims that the agreement signed on 10 January 2024 was clear that the tenant would pay the rent until the new tenants moved in.

The tenants claim that they entered into an agreement with the landlord to break the fixed term tenancy early and terminate the tenancy on 6 February 2024 as set out in the agreement. Therefore, they are not responsible for the rent arrears beyond 7 February 2024.

Furthermore, that they gave the landlord 28 days’ notice to terminate, paid the advertising costs, administration costs and one weeks rent, as part of the agreement to end the tenancy on 6 February 2024. Therefore, the landlord had agreed to end their fixed term tenancy early on the basis of this agreement and compliance with the conditions required of the tenant.

The 10 January 2024 agreement is 28 days from that date until the 6 February 2024. I accept that the tenant believed that they had given 28 days’ notice and that it had been accepted by the landlord.

Parties can terminate a fixed term tenancy by consent or through an application to the Tribunal. The 10 January 2024 agreement states clearly that the tenancy is terminated on 6 February 2024 and possession is granted to the landlord on that day.

I cannot move past that and so I am satisfied that the tenancy ended by consent of the parties on 6 th February 2024. The tenant is therefore not liable for the rent arrears sought by the landlord.

I am dismissing the landlord claim for rent arrears to 24 February 2024.

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 carpets reasonably clean and tidy.

The landlord provided an exit report, photographs and invoices for the cleaning and carpet cleaning carried out after the tenancy ended. Carpet cleaning:

The photographs do show some significant marks on the bedroom carpet that were not consistence with normal usage of the carpet. There has clearly been something spilt that had marked the carpet.

The landlord provided an invoice for $402.50 for the carpet cleaning.

I am satisfied that the landlord has proven their claim for the carpet cleaning. Cleaning:

While I accept that there were some small areas in the property that needed to be cleaned, the overall property was reasonable clean and tidy.

Tenants do not have to leave a property in pristine condition. The standard adopted by the Tenancy Tribunal is to a “reasonably clean and tidy standard.” I have determined that overall, the tenants did achieve that standard.

I am dismissing the landlord’s application for cleaning.

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: -Holes in the walls from the door handles breaking the wall when hitting it without the doorstops. The landlord claimed that there were doorstops at the start of the tenancy. At some point the doorstop’s have gone and door handles have damaged the wall behind it. -Burnt carpet in the garage. The tenant advised the landlord that their dryer caught fire and burnt small patches on the carpet. The landlord seeks to claim $575.00 for a replacement piece of carpet.

The landlord provided photos of the damage and invoices for the repairs.

I find that the carpet damage was accidental and that the tenant had advised the landlord of the damage. There clearly cannot be any claim of intentional or careless damage. This was an accident, and the landlord was told immediately.

I am dismissing the landlords claim for the cost of the replacement carpet piece.

I am satisfied that the landlord has proven their claim for the holes in the walls. The tenant was careless about the damage and accepts that they caused the holes because the doorstops had gone. Furthermore, they did not advise the landlord of the damage, as they are required to do.

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

I am satisfied that the landlord has proven their claim for the damage to the walls. Suppression/bond/filing fee:

The landlord has applied for suppression of their name and details. As they have been successful, I am granting suppression.

The bond refund is to be apportioned as set out above.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4819111 — net $997.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$402.50	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Holes in wall	$575.00	Repairs: Holes in wall
Net award	$997.94
Bond	$2,720.00
Total payable by Tenant to Landlord	$997.94