How much money was awarded in case 4862661?

Cleaning: $299.00 awarded to landlord; Cleaning: $950.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $304.11 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $1,335.00 awarded to landlord; Rent Arrears: $3,588.00 awarded to landlord; Property Damage: $3,127.34 awarded to landlord; Garage Addition: $345.00 awarded to landlord; To Kitchen Cupboards And Doors: $1,470.92 awarded to landlord; Rubbish Removal: $860.00 awarded to landlord

What type of tenancy dispute was case 4862661?

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

Where can I read the official tribunal order for case 4862661?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10950241-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4862661?

Cleaning: $299.00 awarded to landlord; Cleaning: $950.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $304.11 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $1,335.00 awarded to landlord; Rent Arrears: $3,588.00 awarded to landlord; Property Damage: $3,127.34 awarded to landlord; Garage Addition: $345.00 awarded to landlord; To Kitchen Cupboards And Doors: $1,470.92 awarded to landlord; Rubbish Removal: $860.00 awarded to landlord

What type of tenancy dispute was case 4862661?

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

Where can I read the official tribunal order for case 4862661?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10950241-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4862661 — Property damage

Q: What was Tenancy Tribunal case 4862661 about?

The tribunal order states: Te Riini Aiolupotea- Nofoagatotpa, Manu Dalley and Elisa Ngaronoa must pay

Order

Claims and awards in Tenancy Tribunal application 4862661 — net $10,869.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/03/2024	$3,588.00	Rent arrears to 21/03/2024
Rubbish removal: incl tip fees	$860.00	Rubbish removal: incl tip fees
Cleaning: incl: house, garage, oven, oil stains	$950.00	Cleaning: incl: house, garage, oven, oil stains
Repairs: garage addition	$345.00	Repairs: garage addition
Lock/key replacement	$250.00	Lock/key replacement
Painting caused by tenants’ painting/damage depreciated by 40	$1,335.00	Painting caused by tenants’ painting/damage depreciated by 40
Repairs: to kitchen cupboards and doors	$1,470.92	Repairs: to kitchen cupboards and doors
Carpet Cleaning	$299.00	Carpet Cleaning
Bathroom vinyl replacement	$304.11	Bathroom vinyl replacement
Repairs: Bathroom wall/shower and vanity damage	$3,127.34	Repairs: Bathroom wall/shower and vanity damage
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Net award	$10,869.81
Total payable by Tenant to Landlord	$10,869.81

Te Riini Aiolupotea- Nofoagatotpa, Manu Dalley and Elisa Ngaronoa must pay the landlord $10,869.81 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 21/03/2024$3,588.00 Rubbish removal: incl tip fees$860.00 Cleaning: incl: house, garage, oven, oil stains$950.00 Repairs: garage addition$345.00 Lock/key replacement$250.00 Painting caused by tenants’ painting/damage depreciated by 40% $1,335.00 Repairs: to kitchen cupboards and doors$1,470.92 Carpet Cleaning$299.00 Bathroom vinyl replacement$304.11 Repairs: Bathroom wall/shower and vanity damage$3,127.34 Filing fee reimbursement$20.44 Total award$12,549.81 Bond$1,680.00 Total payable by Tenant to Landlord$10,869.81

The Bond Centre is to pay the bond of $1,680.00 ([Bond number suppressed]) to the landlord immediately.

Reasons

Only 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 21 March 2024 by the tenants giving 28 days notice. 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. 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. There was a significant amount of cleaning required to many areas of the property.

The landlord had to remove a considerable amount of rubbish left by the tenants.

The landlord was required to replace keys and two locks which were damaged.

The photos and invoices provided by the landlord were sufficient evidence to prove the claims for losses regarding cleaning and rubbish removal.

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.

Tenants are liable for the cost of repairing damage that is intentional. 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. I consider it to be intentional damage. Kitchen cupboard doors and entrance doors were removed. The bathroom walls were painted, including painting over the shower lining. This required the installation of a new lining. The bathroom vanity was removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I have considered the amount charged for the kitchen work and find it reasonable for the work involved. Regarding the bathroom repair, I have deducted $556.99 from the $5089.36 (pre GST amount) claimed for items that I do not consider to be the tenant’s responsibility to replace. I have also deducted 60% of the total, after deductions, to take account of betterment. 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. The bathroom was dated when the tenancy began in 2017.

The vinyl that was damaged appears to be very old. The landlord was unable to give the age of the vinyl. I have allowed 33% of the change of vinyl cost to allow for betterment.

The painting that was necessary at the ends of the tenancy has been depreciated by 40%. Redecoration in rental properties is estimated to be about 10 years. This repainting was after over 6 years of the previous repainting work.

I am satisfied that all other amounts listed in the table above have been proved. Filing Fee

Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression

Because the landlord has wholly succeeded with the claim, the landlord’s request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

Claims and awards in Tenancy Tribunal application 4862661 — net $10,869.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/03/2024	$3,588.00	Rent arrears to 21/03/2024
Rubbish removal: incl tip fees	$860.00	Rubbish removal: incl tip fees
Cleaning: incl: house, garage, oven, oil stains	$950.00	Cleaning: incl: house, garage, oven, oil stains
Repairs: garage addition	$345.00	Repairs: garage addition
Lock/key replacement	$250.00	Lock/key replacement
Painting caused by tenants’ painting/damage depreciated by 40	$1,335.00	Painting caused by tenants’ painting/damage depreciated by 40
Repairs: to kitchen cupboards and doors	$1,470.92	Repairs: to kitchen cupboards and doors
Carpet Cleaning	$299.00	Carpet Cleaning
Bathroom vinyl replacement	$304.11	Bathroom vinyl replacement
Repairs: Bathroom wall/shower and vanity damage	$3,127.34	Repairs: Bathroom wall/shower and vanity damage
Filing fee reimbursement	$20.44	cause the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Net award	$10,869.81
Total payable by Tenant to Landlord	$10,869.81

Order

Te Riini Aiolupotea- Nofoagatotpa, Manu Dalley and Elisa Ngaronoa must pay the landlord $10,869.81 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 21/03/2024$3,588.00 Rubbish removal: incl tip fees$860.00 Cleaning: incl: house, garage, oven, oil stains$950.00 Repairs: garage addition$345.00 Lock/key replacement$250.00 Painting caused by tenants’ painting/damage depreciated by 40% $1,335.00 Repairs: to kitchen cupboards and doors$1,470.92 Carpet Cleaning$299.00 Bathroom vinyl replacement$304.11 Repairs: Bathroom wall/shower and vanity damage$3,127.34 Filing fee reimbursement$20.44 Total award$12,549.81 Bond$1,680.00 Total payable by Tenant to Landlord$10,869.81
The Bond Centre is to pay the bond of $1,680.00 ([Bond number suppressed]) to the landlord immediately.

Reasons

Only 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 21 March 2024 by the tenants giving 28 days notice. 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. 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. There was a significant amount of cleaning required to many areas of the property.
The landlord had to remove a considerable amount of rubbish left by the tenants.
The landlord was required to replace keys and two locks which were damaged.
The photos and invoices provided by the landlord were sufficient evidence to prove the claims for losses regarding cleaning and rubbish removal.

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.
Tenants are liable for the cost of repairing damage that is intentional. 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. I consider it to be intentional damage. Kitchen cupboard doors and entrance doors were removed. The bathroom walls were painted, including painting over the shower lining. This required the installation of a new lining. The bathroom vanity was removed. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have considered the amount charged for the kitchen work and find it reasonable for the work involved. Regarding the bathroom repair, I have deducted $556.99 from the $5089.36 (pre GST amount) claimed for items that I do not consider to be the tenant’s responsibility to replace. I have also deducted 60% of the total, after deductions, to take account of betterment. 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. The bathroom was dated when the tenancy began in 2017.
The vinyl that was damaged appears to be very old. The landlord was unable to give the age of the vinyl. I have allowed 33% of the change of vinyl cost to allow for betterment.
The painting that was necessary at the ends of the tenancy has been depreciated by 40%. Redecoration in rental properties is estimated to be about 10 years. This repainting was after over 6 years of the previous repainting work.
I am satisfied that all other amounts listed in the table above have been proved. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered. Name Suppression
Because the landlord has wholly succeeded with the claim, the landlord’s request for name suppression is granted. (see Section 95A(1) of the Residential Tenancies Act 1986).

Tenancy Tribunal case 4862661 — Property damage

At a glance

Tenancy Tribunal case 4862661 — 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