What was Tenancy Tribunal case 4868780 about?

The tribunal order states: Adusahid Adusahid and Kaing Ron Be must pay [The landlord/s] $2,219.25

How much money was awarded in case 4868780?

Cleaning: $265.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Lawns and Garden Work: $632.50 awarded to landlord; Property Damage: $1,431.75 awarded to landlord; Rent Arrears: $400.00 awarded to landlord; Replace Furnishings: $700.00 awarded to landlord

What type of tenancy dispute was case 4868780?

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

Where can I read the official tribunal order for case 4868780?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10741439-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4868780 about?

The tribunal order states: Adusahid Adusahid and Kaing Ron Be must pay [The landlord/s] $2,219.25

How much money was awarded in case 4868780?

Cleaning: $265.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Lawns and Garden Work: $632.50 awarded to landlord; Property Damage: $1,431.75 awarded to landlord; Rent Arrears: $400.00 awarded to landlord; Replace Furnishings: $700.00 awarded to landlord

What type of tenancy dispute was case 4868780?

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

Where can I read the official tribunal order for case 4868780?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10741439-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4868780 — Property damage

Claims and awards in Tenancy Tribunal application 4868780 — net $2,219.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$400.00	Rent arrears
Cleaning	$350.00	Cleaning
Carpet Cleaning	$265.00	Carpet Cleaning
Lawns and Garden work	$632.50	Lawns and Garden work
Repairs	$1,431.75	Repairs
Replace furnishings	$700.00	Replace furnishings
Net award	$2,219.25
Total payable by Tenant to Landlord	$2,219.25

Order

Adusahid Adusahid and Kaing Ron Be must pay [The landlord/s] $2,219.25 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,560.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord, represented by two property managers, Ms Y and Ms N attended the hearing with the owner.
There was no appearance for the tenant.
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 started on 10 October 2018 and ended on 5 February 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $400.00.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs and described the premises at the end of the tenancy. The property had not been vacuumed, there was a build-up of grease and grime on the walls where there had been no headboard on the beds, there were crumbs and debris in the drawers and a build-up of dirt on the skirting boards.
The landlord submitted an invoice for $350 for cleaning.
There was a bad smell inside which the owner thought was in part because the insinkerator was not working but the landlord had not been told. The property manager thought that the carpet was smelly and so had the carpets cleaned, which got rid of the smell. The landlord submitted an invoice for $265.
The tenants moved out before the end of the tenancy. The landlord provided photographs of the outside of the property on 29 January, before the tenancy had ended and on 8 February, 3 days after the tenancy terminated. In both sets of photographs the lawns were long, but longer on the 8 th . There was also a pile of green waste behind the shed and there were weeds growing on the property. The landlord submitted an invoice for $632.50.
The amounts ordered are proved.

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.
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.
There are three issues that the landlord sought compensation for.
The curtains were in a poor state of repair with rips and mould. The owner said that when they bought the property in 2017, it had been fully refurbished and the curtains were new. He asked a drycleaner about having the curtains cleaned but was told it would ruin the thermal backing.
The property manager said there is an HRV system which should have prevented the build-up of mould. She said that the premises were always closed up and not aired properly.
I am satisfied that there are rips, marks and mould that is more than fair wear and tear and that the curtains had to be replaced.
The landlord submitted receipts from Spotlight for a total of $1148.60.
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 and order $700 compensation.
At the end of the tenancy the landlord found an internal door had been removed and placed in the outside shed. It had become swollen and could not be re- hung. A new door was purchased and hung.
There was also a hole in the wall in the laundry that was patched and painted.
I am satisfied that both of these matters are more than fair wear and tear.
The landlord submitted and invoice for $1,431.75 for the replacement door and hanging of it, the repair of the hole in the laundry, and the hanging of the new curtains.
The amount ordered is proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4868780 — net $2,219.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$400.00	Rent arrears
Cleaning	$350.00	Cleaning
Carpet Cleaning	$265.00	Carpet Cleaning
Lawns and Garden work	$632.50	Lawns and Garden work
Repairs	$1,431.75	Repairs
Replace furnishings	$700.00	Replace furnishings
Net award	$2,219.25
Total payable by Tenant to Landlord	$2,219.25

Order

Adusahid Adusahid and Kaing Ron Be must pay [The landlord/s] $2,219.25 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,560.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord, represented by two property managers, Ms Y and Ms N attended the hearing with the owner.
There was no appearance for the tenant.
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 started on 10 October 2018 and ended on 5 February 2024. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $400.00.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs and described the premises at the end of the tenancy. The property had not been vacuumed, there was a build-up of grease and grime on the walls where there had been no headboard on the beds, there were crumbs and debris in the drawers and a build-up of dirt on the skirting boards.
The landlord submitted an invoice for $350 for cleaning.
There was a bad smell inside which the owner thought was in part because the insinkerator was not working but the landlord had not been told. The property manager thought that the carpet was smelly and so had the carpets cleaned, which got rid of the smell. The landlord submitted an invoice for $265.
The tenants moved out before the end of the tenancy. The landlord provided photographs of the outside of the property on 29 January, before the tenancy had ended and on 8 February, 3 days after the tenancy terminated. In both sets of photographs the lawns were long, but longer on the 8 th . There was also a pile of green waste behind the shed and there were weeds growing on the property. The landlord submitted an invoice for $632.50.
The amounts ordered are proved.

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.
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.
There are three issues that the landlord sought compensation for.
The curtains were in a poor state of repair with rips and mould. The owner said that when they bought the property in 2017, it had been fully refurbished and the curtains were new. He asked a drycleaner about having the curtains cleaned but was told it would ruin the thermal backing.
The property manager said there is an HRV system which should have prevented the build-up of mould. She said that the premises were always closed up and not aired properly.
I am satisfied that there are rips, marks and mould that is more than fair wear and tear and that the curtains had to be replaced.
The landlord submitted receipts from Spotlight for a total of $1148.60.
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 and order $700 compensation.
At the end of the tenancy the landlord found an internal door had been removed and placed in the outside shed. It had become swollen and could not be re- hung. A new door was purchased and hung.
There was also a hole in the wall in the laundry that was patched and painted.
I am satisfied that both of these matters are more than fair wear and tear.
The landlord submitted and invoice for $1,431.75 for the replacement door and hanging of it, the repair of the hole in the laundry, and the hanging of the new curtains.
The amount ordered is proved.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4868780 — Property damage

At a glance

Tenancy Tribunal case 4868780 — 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