What was the outcome of Tenancy Tribunal case 4836900?

The tribunal order states: Danilla Bradburn to pay Visions of a Helping Hand Charitable Trust $5,898.45

How much money was awarded in case 4836900?

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 4836900?

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

Where can I read the official tribunal order for case 4836900?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10308232-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4836900?

The tribunal order states: Danilla Bradburn to pay Visions of a Helping Hand Charitable Trust $5,898.45

How much money was awarded in case 4836900?

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 4836900?

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

Where can I read the official tribunal order for case 4836900?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10308232-Tenancy_Tribunal_Order.pdf.

18 Jervis Street, Hillcrest, Rotorua 3015 Tenancy Tribunal Case 4836900 — Property damage

Order

Danilla Bradburn to pay Visions of a Helping Hand Charitable Trust $5,898.45 immediately, calculated as follows: DescriptionAmount Rent arrears and water rates$1,371.43 JetVac carpet cleaning$180.00 Professional clean$816.50 Rubbish removal (disposal fee, and labour)$1,014.57 Lightbulb and smoke alarm replacement$243.76 Lawns and gardens$442.75 Rekeying main home door$223.00 Rekeying garage roller door$220.00 General Damage (walls, doors, window frame)$2,875.00 Broken Windows$631.00 Filing fee reimbursement$20.44 Total Amount Owed$7,938.45 Less Bond (Already with Bond Services)-$2,040.00 Total Amount for Tenant to Pay$5,898.45
Bond Services is to pay the full bond to Visions of a Helping Hand Charitable Trust immediately.

Reasons

The Landlord 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?

The tenancy ended on 5 January 2024. The Tenant was evicted on 31 January 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy – approved: $1,371.43

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 was not present at the premises when the eviction notice was served. Her friend was at the premises and communicated with the Landlord on the Tenant’s behalf.
The Tenant’s friend moved some of the Tenant’s belongings to the garage and the Tenant was given until lunchtime to remove these.
Tenant agreed to allow Visions to dispose of all remaining belongings except for the washing machine, now in storage.
The Tenant’s fridge, in poor condition and filthy, was disposed of.
The premises was left in an unclean and untidy state both inside and outside. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
Substantial clean-up and repair work was required to restore the property to a good, clean condition.
The Landlord is seeking compensation for the clean-up and repair costs.
I am satisfied, having regard to the Landlord’s pre-tenancy and exit inspection reporting, which includes photographs, that the premises, internally and externally, the gardens and the lawns, were not left reasonably clean and tidy.
Lightbulbs were missing throughout the home, and the property manager cannot recall any remaining at the time of the exit inspection.
The gardens were overgrown with weeds. The Landlord, a social housing organisation, had provided the Tenant with gardening support in the past, and had entered into a repayment arrangement with her, in the end. The Tenant was not able to keep up with the repayments. The gardens
The Landlord’s evidence, including paid invoices and receipts, is unchallenged.
Consequently, I make the following awards: a. JetVac carpet cleaning: $180.00 b. Professional clean: $816.50 c. Rubbish removal (disposal fee, and labour): $1,014.57 d. Lightbulb and smoke alarm replacement: $243.76 e. Lawns and gardens: $442.75 ($120.75 for lawns, $322.00 - 8 hours - for gardening)
The tenant did not return the keys and also compromised garage roller door locking mechanism to access and use the garage, which the parties agreed was not part of the tenancy. The Landlord has provided paid invoices. I award: a. $223.00 – rekeying main home door b. $220.00 – rekeying garage roller door

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. General Damage: Damaged walls and door in bedroom 1, window frame in bedroom 2, walls in hallway, walls and door in lounge. The Tenant told the Landlord her son had caused the damage. The cost of repair by a contractor: $2,875.00 b. Broken Windows (x3): The Landlord confirms the windows were broken during the tenancy and has provided invoices confirming reglazing work has been complete. Windows were not broken prior to the tenancy as is clear from pre-tenancy inspection report. The cost of repair: $631.00
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 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.
Because Visions Of A Helping Hand Charitable Trust has wholly succeeded with the claim I must reimburse the filing fee: $20.44

Tenancy Tribunal case 4836900 — Property damage at 18 Jervis Street, Hillcrest, Rotorua 3015

Tenancy Tribunal case 4836900 — Property damage at 18 Jervis Street, Hillcrest, Rotorua 3015

Order

Reasons

How much is owed for rent?

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?

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