Published tribunal order
Tenancy Tribunal case 4872664 — Cleanliness at 5 Robertson Street, Richmond, Invercargill 9810
Decided 9 Aug 2024 · Published 9 Aug 2024 · Application 4872664
- Cleanliness
- Property damage
Party names are redacted in the official published order.
Order
- Jade Paul McKay must pay [The landlord/s] $54,150.16 immediately, calculated as shown in table below.
- The bond centre is to pay the sum of $1,460.00 to the applicant immediately.
Reasons
- The tenant failed to attend today’s hearing.
- The landlord had previously applied for termination and for rent arrears. This is outlined in the order dated 20 October 2023 and has been enforced. The landlord has now filed an application for compensation, refund of the bond, and reimbursement of the filing fee following 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, and did not remove all rubbish.
- The tenant did not return the keys that were provided for the house and the garage.
- 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 careless, and occurs after 27 August 2019, section 49B RTA 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) 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.
- In this tenancy there was a significant number of damages due to meth contamination. The tests showed that there was a significantly high reading of contamination throughout the house. This is a three bedroom home with kitchen, dining and hallway. All tests (excluding the toilet and porch area, roof cavity and single car garage had levels of contamination requiring remedial work. Whilst these other areas still had readings they were not above the recommended standard.
- The Armed Offenders Squad (AOS) carried out a search warrant at the address in October 2023 due to suspicion of drug offending at the address.
- The landlord’s insurance did not cover all of the damage. The damage outside of the insurance claim is shown in the table above. This however is only a portion of the damage that occurred as not all damage has been 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.
- Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.