What was the outcome of Tenancy Tribunal case 4831481?

The tribunal order states: Patricia Hadfield must pay I & Z Properties Limited $5,619.68 immediately,

How much money was awarded in case 4831481?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4831481?

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

Where can I read the official tribunal order for case 4831481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10071376-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4831481?

The tribunal order states: Patricia Hadfield must pay I & Z Properties Limited $5,619.68 immediately,

How much money was awarded in case 4831481?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4831481?

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

Where can I read the official tribunal order for case 4831481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10071376-Tenancy_Tribunal_Order.pdf.

6 Kaha Lane, Henderson, Auckland 0612 Tenancy Tribunal Case 4831481 — Rent arrears

Order

Patricia Hadfield must pay I & Z Properties Limited $5,619.68 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,180.00 (6489855-011) to I & Z Properties Limited immediately.

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 hearing was a continuation after it was adjourned on 27 March 2024 to allow the landlord to update the compensation claims and for the tenant to lodge a counterclaim. No counterclaim has been lodged and the landlord application must now be concluded.
The tenant raised a number of landlord failures at both hearings. I reiterate again that such claims must form part of a tenant application that outlines the basis of any claim against the landlord, with supporting evidence as available. The tenant indicated again that she intends to do this.

How much is owed for rent and water rates?

The tenancy ended on 27 March 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The rent is 28 days in-lieu of notice. This claim is less than what might have been sought as the tenancy was a fixed-term tenancy through to May 2025 and the premises remain empty.
The water bill was high. If the tenant is correct that there was one of more reported leaks that inflated this amount then future redress via a compensation order may follow a successful tenant application. In the absence of this, I award the $1,113.56 water rates as claimed. The landlord reported taps had been left running when they entered the premises, after possession returned.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided invoices and photos in support of the cost and effort. The tenant said she had arranged and paid for a contractor to remove her possessions from the premises. She was concerned when presented with the exit photos of the landlord with regard the quality of the contractor job. Any such dispute is between the tenant and the contractor and not a part of this Tribunals jurisdiction.
I am satisfied the landlord has evidenced the cleaning and lawns effort and costs and these claims are awarded in full.
The tenant did not return the keys. The landlord provided invoices in support of the two related claims made and awarded.
The landlord had to replace light bulbs and two smoke alarms. A door handle (internal) was missing and replaced.
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 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. The insurance excess was $1000.00.
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.
“Fair wear” is deterioration caused by the reasonable use of the premises. “Fair tear” is deterioration caused by the ordinary operation of the forces of nature. Importantly, intentional or negligent damage are not fair wear and tear. The landlord must prove that damage is beyond fair wear and tear for compensation.
The following damage was caused during the tenancy: a. Repairs: the landlord found two toilets blocked and the shower fixture broken. The plumbing invoice was $450.00 and shower hardware cost $299.00. I have awarded the plumber invoice but I have applied 33% depreciation to the shower fitting cost. b. Repairs: Garage door: The garage door was badly damaged and required replacement. The cost is to be confirmed but it is expected to be around $2600.00. The landlord has yet to make an insurance claim but allowing for that, and some pre-existing damage that was acknowledged by the landlord, I consider an award capped at the excess amount of $1000.00 is fair. It is left with the landlord to decide on their approach regarding and possible insurance claim. c. Repairs (multiple): The landlord produced an invoice for $793.50 from a handyman for the following tasks performed: i. Install 2 smoke alarms ii. Installation of new garage door handle iii. Fix/Adjust broken window handles and frame iv. Plaster & paint damaged walls and doors v. Adjustment of toilet seat vi. Fix broken blinds vii. Install 2 new door handles - Bedroom and toilet viii. Fix and screw bathroom cabinets ix. Paint touch-ups The majority of the tasks are due to tenant liability as evidenced by a series of photos. I have reduced the award by $30.00 as I do not find the requirement for the toilet seat adjustment is anything other than fair wear and tear through expected use.
The damages above, with the one noted exception, is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. Application filing fee
Because I & Z Properties Limited has substantially succeeded with the claim I have reimbursed the filing fee. Summary
These orders are determined on the evidence provided.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.”
The tenant claims to have compelling evidence that may form part of a tenant application and that may act to reduce the overall amount owing, if successful. That is for her to pursue if she so desires.

Tenancy Tribunal case 4831481 — Rent arrears at 6 Kaha Lane, Henderson, Auckland 0612

Tenancy Tribunal case 4831481 — Rent arrears at 6 Kaha Lane, Henderson, Auckland 0612

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?

Property management

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?

Property management