What was Tenancy Tribunal case 4860560 about?

The tribunal order states: Bonnie-Rae Karauria and Chance Kahutonu McLaren must pay [The landlord/s]

How much money was awarded in case 4860560?

Cleaning: $552.00 awarded to landlord; Cleaning: $805.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $342.86 awarded to landlord; Replace The Carpet: $910.00 awarded to landlord; Rubbish Removal: $1,075.00 awarded to landlord; Walls and Doors: $2,576.00 awarded to landlord

What type of tenancy dispute was case 4860560?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4860560?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10545231-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4860560 about?

The tribunal order states: Bonnie-Rae Karauria and Chance Kahutonu McLaren must pay [The landlord/s]

How much money was awarded in case 4860560?

Cleaning: $552.00 awarded to landlord; Cleaning: $805.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $342.86 awarded to landlord; Replace The Carpet: $910.00 awarded to landlord; Rubbish Removal: $1,075.00 awarded to landlord; Walls and Doors: $2,576.00 awarded to landlord

What type of tenancy dispute was case 4860560?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4860560?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10545231-Tribunal_Order_Redacted.pdf.

127I Galloway Street, Hamilton East, Hamilton 3216 Tenancy Tribunal Case 4860560 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4860560 — net $6,209.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$805.00	Cleaning
Carpet Cleaning	$552.00	Carpet Cleaning
Rubbish removal	$1,075.00	Rubbish removal
Lock/key replacement	$342.86	Lock/key replacement
Repairs to walls and doors	$2,576.00	Repairs to walls and doors
Replace the carpet	$910.00	Replace the carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,209.78
Total payable by Tenant to Landlord	$6,209.78

[The landlord’s representative] appeared for the landlord. There was no appearance by the tenant.

The tenancy was terminated by the Tribunal on 02 April 2024. See NZTT 4835464. On 12 April 2024, the landlord filed a claim for compensation, refund of the balance of the bond, and reimbursement of the filing.

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”).

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims that the tenant failed to leave the property reasonably clean and tidy, including the carpet, and remove all rubbish. The landlord also claims that the tenant failed to return the keys provided.

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, and return all keys. See section 40(1) of the Act.

The property has four bedrooms. The landlord has produced photographs of the property taken at the commencement and end of the tenancy. These are sufficient to make an objective assessment and confirm that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord is claiming $805.00 for cleaning, and $1,075.00 for rubbish removal, which covers labour, skip hire, and disposal. The amounts claimed are reasonable and awarded in full.

Regarding the carpet, the pre tenancy inspection report and photographs show that some minor stains and marks to the carpet in each of the bedrooms. The end of tenancy photographs shows that the carpet throughout is heavily soiled and has staining over and above that recorded at the commencement of the tenancy. The landlord is claiming costs of commercial carpet cleaning and stain removal, a total of $522.00, which I award. After cleaning and stain removal, the contractor advised that a majority of the stains could not be removed and suggested replacement. I will deal with the claim for replacing the carpet later.

The keys provided at the commencement were not returned at the end. Furthermore, the evidence produced shows that the latches to the window in one of the bedrooms have been removed. This occurred during the tenancy. The claim to rekey the locks and replace the two latches is reasonable and awarded in full.

Is the tenant responsible for the damage to the premises?

The landlord claims that the tenant is responsible for minor damage throughout the property occurring during the tenancy that is more than fair wear and tear. The landlord is also claiming that the carpet was damaged by staining and heavy soiling which could not be removed by cleaning.

To succeed with a claim for damage the landlord must prove that damage 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 of the Act.

Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. See Taylor v Webb [1937] 2KB 283 (CA).

Where the damage is careless, and occurs after 27 August 2019, section 49B of the Act 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) of the Act.

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) of the Act.

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.

In dealing with the issue of carelessness the question is whether the tenant was exercising a degree of care and attention that a reasonable and prudent tenant would exercise in the circumstances. The test is objective and not based on the subjective opinion of the tenant or landlord.

In awarding compensation for damage, the Tribunal must also consider 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, the Tribunal must consider the age and condition of the items concerned at the start of the tenancy and their likely useful lifespan. Wall and doors

The landlord has produced pre tenancy and end of tenancy inspection reports recording the condition of the property, both of which include photographs. Having considered the reports and viewed the photographs, I am satisfied that the tenant is responsible the following damage: two holes in the hallway wall, a hole in door hallway, gouges to wall behind door in a bedroom, painting and graffiti doodles on the lounge wall, a hole in wall of bedroom one, wood nailed to windowsill in bedroom two, paint on the window frame in bedroom two, and a crack in door of bedroom four.

The damage appears consistent with having been caused carelessly. The landlord has insurance for damage with an excess of $650.00 per claim. The total amount claimed to repair the damage, $2,576.00, is less than the combined excesses, is reasonable, and awarded in full. I make no deduction for betterment as the landlord has repaired the damaged areas only. Carpet

The photographs of the carpet taken after the tenant’s property was removed and cleaning and stain removal had been attempted shows staining and soiling over and above that shown in the pre tenancy inspection report and photographs. Having viewed the photographs and considered the other evidence from [The landlord’s representative] and the comments of the carpet cleaner on the invoice, I am satisfied that the carpet was damaged during the tenancy. Once again, I am satisfied in this case that the damage was more likely the result of carelessness with the cause of the staining appearing to be spilled drinks, etc. The cost of replacing the carpet in the lounge, dining room, hallway and four bedrooms was $5,184.44. Apart from one bedroom in which the carpet is around 5 years old, the carpet in the rest of the party is over 12 years old. The expected life span of carpet in rental properties is around 10–12 years. While the carpet in 80% of the property was in a reasonable condition at the commencing of the tenancy, it was past its expected life span. In this case, the combined excesses for the seven rooms were $4,550.00. I reduce this by 80% for betterment and depreciation and award the landlord $910.00. Costs

As the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Name suppression

The landlord has been substantially successful, seeks, and is granted name suppression. See section 95A of the Act.

Reasons

Claims and awards in Tenancy Tribunal application 4860560 — net $6,209.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$805.00	Cleaning
Carpet Cleaning	$552.00	Carpet Cleaning
Rubbish removal	$1,075.00	Rubbish removal
Lock/key replacement	$342.86	Lock/key replacement
Repairs to walls and doors	$2,576.00	Repairs to walls and doors
Replace the carpet	$910.00	Replace the carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,209.78
Total payable by Tenant to Landlord	$6,209.78

[The landlord’s representative] appeared for the landlord. There was no appearance by the tenant.

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, and return all keys. See section 40(1) of the Act.

Is the tenant responsible for the damage to the premises?

As the landlord has substantially succeeded with the claim, I have reimbursed the filing fee. Name suppression

The landlord has been substantially successful, seeks, and is granted name suppression. See section 95A of the Act.

Tenancy Tribunal case 4860560 — Property damage at 127I Galloway Street, Hamilton East, Hamilton 3216

At a glance

Tenancy Tribunal case 4860560 — Property damage at 127I Galloway Street, Hamilton East, Hamilton 3216

At a glance

Award balance

Claims & awards

Order

Reasons

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

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