Published tribunal order
Tenancy Tribunal case 4830203 — Property damage at 21 Kauri Street, Pleasant Point, Pleasant Point 7903
Decided 2 Aug 2024 · Published 2 Aug 2024 · Application 4830203
- Property damage
Party names are redacted in the official published order.
Order
- Dakota Tamati and Nicolas Aramoana must pay [The landlord/s] $3,142.63 immediately, calculated as shown in table below. DescriptionLandlord Cleaning: Lawns, Garden and Rubbish Removal$2,178.75 Lock/key replacement$476.00 Window repairs$553.15 Application Fee Total award $20.44 $3,228.34 Bond$65.27 Total payable by Tenant to Landlord$3,163.07
- The landlord’s other claims are dismissed.
- The Bond Centre is to pay the balance of the bond of $65.27 to [The landlord/s] immediately.
Reasons
- A representative of the landlord attended the hearing. The tenants did not attend.
- The landlord has applied for compensation and reimbursement of the filing fee following 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.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The landlord claimed $3,018.75 for work it carried out at the property and $536.25 for additional cleaning. There was a quote for the additional cleaning costs, but no evidence that the cost was incurred by way of an invoice or receipt) and no evidence that the additional cleaning was reasonably required after the landlord spent 56 hours at the property. The claim for additional cleaning is dismissed.
- The landlord’s claim for its own work at the property was calculated at $45 per hour. There was no explanation or submission in support of that rate. It is higher than the Tribunal would usually award for a landlord’s own time. I have reduced the claim to award $30 per hour. In doing so, I had regard to the photographs provided in support of the claims and concluded that an award in the vicinity of $2,000 is consistent with other awards for properties in a similar condition at the end of a tenancy.
- The tenant did not return the keys. The landlord provided a receipt for key/lock replacement. This aspect of the claim is 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.
- Windows were broken during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The landlord provided an invoice for glass replacement. Some of the panes were cracked at the start of the tenancy. I award $553.15 being the amount claimed at the hearing.
- As the landlord was successful, I have granted reimbursement of the filing fee and granted the landlord’s request for suppression of its name.