What was Tenancy Tribunal case 4855240 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $6,398.52 immediately, calculated as

How much money was awarded in case 4855240?

Cleaning: $130.00 awarded to landlord; Lawns and Garden Work: $293.25 awarded to landlord; Rent Arrears: $748.57 awarded to landlord; Garage Door: $4,647.00 awarded to landlord; Panel Heater: $457.07 awarded to landlord; Toilet Cistern Lid: $547.26 awarded to landlord; Walls & Doors: $1,375.37 awarded to landlord

What type of tenancy dispute was case 4855240?

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

Where can I read the official tribunal order for case 4855240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10508817-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4855240 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $6,398.52 immediately, calculated as

How much money was awarded in case 4855240?

Cleaning: $130.00 awarded to landlord; Lawns and Garden Work: $293.25 awarded to landlord; Rent Arrears: $748.57 awarded to landlord; Garage Door: $4,647.00 awarded to landlord; Panel Heater: $457.07 awarded to landlord; Toilet Cistern Lid: $547.26 awarded to landlord; Walls & Doors: $1,375.37 awarded to landlord

What type of tenancy dispute was case 4855240?

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

Where can I read the official tribunal order for case 4855240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10508817-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4855240 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4855240 — net $6,398.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 16 December 2023	$748.57	Rent arrears (to 16 December 2023
Carpet Cleaning	$130.00	Carpet Cleaning
Lawns and Garden work	$293.25	Lawns and Garden work
Repairs: Garage Door	$4,647.00	Repairs: Garage Door
Repairs: Panel Heater	$457.07	Repairs: Panel Heater
Repairs: Walls & Doors	$1,375.37	Repairs: Walls & Doors
Repairs: Toilet Cistern Lid	$547.26	Repairs: Toilet Cistern Lid
Net award	$6,398.52
Total payable by Tenant to Landlord	$6,398.52

[The tenant/s] must pay [The landlord/s] $6,398.52 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 16 December 2023)$748.57 Carpet Cleaning$130.00 Lawns and Garden work$293.25 Repairs: Garage Door$4,647.00 Repairs: Panel Heater$457.07 Repairs: Walls & Doors$1,375.37 Repairs: Toilet Cistern Lid$547.26 Total award$8,198.52 Bond$1,800.00 Total payable by Tenant to Landlord$6,398.52

The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Representatives of the landlord attended the hearing. The tenants did not attend.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Service Issues

The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply.

The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986.

The application was not served in accordance with these requirements. The application and all supporting documentation were served on the tenants by email. The email address used for [Tenant 1], was the email address for service he gave in the Tenancy Agreement. The email address used for [Tenant 2], was the one which she communicated with the landlord on, after this application was made.

I make a direction that effective service has taken place, by email. See section 91B Residential Tenancies Act 1986.

How much is owed for rent?

The tenancy ended on 16 December 2023. The landlord provided rent records which prove the amount owing at 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.

The tenant did not leave the exterior of the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs of the lawn and garden areas and an invoice to support its claims. I have awarded $293.25 for lawns, gardening and rubbish removal.

I have made an adjustment to amount claimed for bin cleaning costs, bins are inherently dirty and there is no general requirement for tenants to clean them at the end of the tenancy.

The landlord also claimed $130 for carpet cleaning. It was reasonable for the carpets to be cleaned on this occasion. The landlord provided photographs of stains/marks on the carpet and an invoice 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 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.

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: garage door bent & warped at one side, wall and door damage, cracked heater, toilet cistern removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided photographs of the damage. All of the damage appears to be consistent with impact or force. For that reason, I find that its more likely than not to have been intentionally caused.

The landlord provided invoices for the costs claimed. They were well itemised and clearly identify the work done. The amounts ordered are proved.

I did not allow the cost of replacing garage door remotes. The evidence was that the old remotes did not work after the door was replaced, notwithstanding that the existing motor was reused. I was not satisfied that new remotes were required because of any breach by the tenants.

As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.

The landlord gave evidence of the circumstances which led to the tenancy ending. I order that all parties’ names and identifying details are suppressed. See s95A RTA.

Claims and awards in Tenancy Tribunal application 4855240 — net $6,398.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 16 December 2023	$748.57	Rent arrears (to 16 December 2023
Carpet Cleaning	$130.00	Carpet Cleaning
Lawns and Garden work	$293.25	Lawns and Garden work
Repairs: Garage Door	$4,647.00	Repairs: Garage Door
Repairs: Panel Heater	$457.07	Repairs: Panel Heater
Repairs: Walls & Doors	$1,375.37	Repairs: Walls & Doors
Repairs: Toilet Cistern Lid	$547.26	Repairs: Toilet Cistern Lid
Net award	$6,398.52
Total payable by Tenant to Landlord	$6,398.52

Order

[The tenant/s] must pay [The landlord/s] $6,398.52 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 16 December 2023)$748.57 Carpet Cleaning$130.00 Lawns and Garden work$293.25 Repairs: Garage Door$4,647.00 Repairs: Panel Heater$457.07 Repairs: Walls & Doors$1,375.37 Repairs: Toilet Cistern Lid$547.26 Total award$8,198.52 Bond$1,800.00 Total payable by Tenant to Landlord$6,398.52
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Representatives of the landlord attended the hearing. The tenants did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Service Issues
The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply.
The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986.
The application was not served in accordance with these requirements. The application and all supporting documentation were served on the tenants by email. The email address used for [Tenant 1], was the email address for service he gave in the Tenancy Agreement. The email address used for [Tenant 2], was the one which she communicated with the landlord on, after this application was made.
I make a direction that effective service has taken place, by email. See section 91B Residential Tenancies Act 1986.

How much is owed for rent?

The tenancy ended on 16 December 2023. The landlord provided rent records which prove the amount owing at 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.
The tenant did not leave the exterior of the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs of the lawn and garden areas and an invoice to support its claims. I have awarded $293.25 for lawns, gardening and rubbish removal.
I have made an adjustment to amount claimed for bin cleaning costs, bins are inherently dirty and there is no general requirement for tenants to clean them at the end of the tenancy.
The landlord also claimed $130 for carpet cleaning. It was reasonable for the carpets to be cleaned on this occasion. The landlord provided photographs of stains/marks on the carpet and an invoice 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 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.
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: garage door bent & warped at one side, wall and door damage, cracked heater, toilet cistern removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided photographs of the damage. All of the damage appears to be consistent with impact or force. For that reason, I find that its more likely than not to have been intentionally caused.
The landlord provided invoices for the costs claimed. They were well itemised and clearly identify the work done. The amounts ordered are proved.
I did not allow the cost of replacing garage door remotes. The evidence was that the old remotes did not work after the door was replaced, notwithstanding that the existing motor was reused. I was not satisfied that new remotes were required because of any breach by the tenants.
As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.
The landlord gave evidence of the circumstances which led to the tenancy ending. I order that all parties’ names and identifying details are suppressed. See s95A RTA.

Tenancy Tribunal case 4855240 — Property damage

At a glance

Tenancy Tribunal case 4855240 — Property damage

At a glance

Award balance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions