What was the outcome of Tenancy Tribunal case 4860221?

The tribunal order states: Jen Watkins must pay Roger Simister $11,182.83 immediately, calculated as

How much money was awarded in case 4860221?

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 4860221?

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

Where can I read the official tribunal order for case 4860221?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10539674-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4860221?

The tribunal order states: Jen Watkins must pay Roger Simister $11,182.83 immediately, calculated as

How much money was awarded in case 4860221?

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 4860221?

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

Where can I read the official tribunal order for case 4860221?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10539674-Tenancy_Tribunal_Order.pdf.

161 Karewa Parade, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 4860221 — Rent arrears

Order

Jen Watkins must pay Roger Simister $11,182.83 immediately, calculated as shown in table below.

Reasons

Mr Simister attended the telephone hearing. Ms Watkins did not, despite several attempts to make contact.
There was some confusion as there is a separate tenancy at the same address, for which the tenant has claimed against Mr Simister, and he has a counterclaim. Documents were loaded onto the system for the separate claim which should have been for this matter. This led to some confusion around which documents related to which tenancy. During the teleconference hearing I worked through these issues with Mr Simister. However, there was an estimate for plaster and paint repairs which had not been loaded onto the system. Therefore, I adjourned to allow for this to be provided.
The landlord has applied for rent arrears, and compensation following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 3 May 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. These are made out on the evidence available. Therefore, I award arrears of $6150.

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 premises reasonably clean and tidy, and did not remove all rubbish. Cleaning was necessary, as shown by the photos after re- entry, and I award the $240 sought.
The following chattels were missing at the end of the tenancy: two televisions which were removed from wall mounts. The evidence is that these were approximately four years old. Therefore, I award the replacement value less depreciation of 50% to account for the age of the items, and award $1998.
The landlord has also listed gas bottles which were taken, a garage remote control which was lost, a gas heater, two garden chairs, light bulbs, a rubbish bin, lightbulbs, and cutlery inserts which were missing. However, no pre- inspection photos or similar have been provided to show the items, and no invoices or estimates have been provided proving the extent of the loss. Therefore, I cannot consider these.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord has shown pictures of damage to flooring, various cabinetry and furniture, rust stains to decking, paint or something similar spilt on carpet, a broken showerhead, and damage to painted and plastered walls.
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 is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent) for each instance of damage. See section 49B(3)(b) RTA.
Tenants are liable for the cost of repairing damage that is intentional. 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.
Considering each instance of damage in turn: a. The landlord claims flooring was damaged and seeks $500. However, no evidence of the cost of the damages been provided. Therefore, no award is made. b. Photos of damaged cabinetry has been provided, however, no repair cost has been provided. Therefore, no award is made. c. The landlord has claimed for a replacement freestanding cabinet. However, the correspondence regarding this is with the tenant in the other unit at the same address. Therefore, no award is made d. The kwila decking suffered rust stains due to a leaking outdoor heater. $2000 is claimed to replace decking boards. However, I estimate that six boards are affected. At most replacement of the boards would be for 2 m lengths of these six boards. The photos are of 140 mm kwila decking which retails for $27.88 per linear metre. Therefore, I award $167.28. e. The landlord has provided photos of paint or something similar spilt on carpet. He claims $1200, however the area is small and it appears that a patch repair would be sufficient to deal with this. Therefore, I award $300 is a fair and reasonable amount of compensation for the damage shown. f. A showerhead was broken. I award the $95 sought. g. The landlord has claimed $7500 plus GST for paint and plastering repairs. However, the quote is for the re-paint and plaster of three bedrooms, the hallway, toilet, kitchen, and living room. The photos showed damage to several walls due to brackets having been removed or broken out, ... The damage shown in these photos do not justify an entire redecoration of the premises. Judging by the number of walls affected, and the extent of damage, I estimate that approximately three walls will require repainting and plastering. Therefore, I award $1200 as a fair and reasonable contribution towards the cost claimed.
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.
All up I award $11,557.83 to the landlord. The bond of $2,900 has been held on trust by the landlord solicitor, therefore, the award is reduced by this amount and the total payable by the tenant to the landlord is $8657.83.

Tenancy Tribunal case 4860221 — Rent arrears at 161 Karewa Parade, Papamoa Beach, Papamoa 3118

Tenancy Tribunal case 4860221 — Rent arrears at 161 Karewa Parade, Papamoa Beach, Papamoa 3118

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?

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?