What was Tenancy Tribunal case 4874331 about?

The tribunal order states: Annette Louise Von Maltitz to pay [The landlord/s] $1,429.97 from the bond,

How much money was awarded in case 4874331?

Filing Fee: $20.44 awarded to landlord; Mat: $17.34 awarded to landlord; Rent Arrears: $88.57 awarded to landlord; Painting: $1,293.47 awarded to landlord; Water Rates: $10.15 awarded to landlord

What type of tenancy dispute was case 4874331?

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

Where can I read the official tribunal order for case 4874331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10953771-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4874331 about?

The tribunal order states: Annette Louise Von Maltitz to pay [The landlord/s] $1,429.97 from the bond,

How much money was awarded in case 4874331?

Filing Fee: $20.44 awarded to landlord; Mat: $17.34 awarded to landlord; Rent Arrears: $88.57 awarded to landlord; Painting: $1,293.47 awarded to landlord; Water Rates: $10.15 awarded to landlord

What type of tenancy dispute was case 4874331?

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

Where can I read the official tribunal order for case 4874331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10953771-Tribunal_Order_Redacted.pdf.

611A Beach Road, Rothesay Bay, Auckland 0630 Tenancy Tribunal Case 4874331 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4874331 — net $1,429.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$88.57	Rent arrears
Water rates	$10.15	2024. The tenant had paid rent up to and including Sunday 21 April 2024.The tenant is to pay $88.57, being rent for one day to the landlord .
Repairs: Painting	$1,293.47	Repairs: Painting
Mat	$17.34	Mat
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,429.97
Bond	$1,515.00
Total payable by Tenant to Landlord	$1,429.97

Both parties attended the hearing.

The tenant applied for release of her bond.

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 and water rates?

The tenancy ended at midnight on Monday 22 April 2024. The tenant had paid rent up to and including Sunday 21 April 2024.The tenant is to pay $88.57, being rent for one day to the landlord . The landlord provided photos of the tenants separate water meter and the calculation showing water rates arrears of $10.15 which prove the amount owing at the end of the tenancy.

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. The landlord is insured for tenant damage. The policy of insurance carries an excess of $750.00 on each and every claim.

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.

The landlord claims that the following damage was caused during the tenancy:

The silicone sealant above the kitchen sink had become mouldy and needed to be replaced. The landlord provided an invoice for replacement for $210.25.The landlord said that the silicone had been installed at the commencement of the tenancy. The silicone is clear and a grey mould has grown under it. The landlord had carried out inspection of the premises during the tenancy. The silicone issue was not noticed by the landlord during those inspections. The landlord says that this makes it more likely that the issue arose during the last year of the tenancy.

The tenant said that the issue had never been raised with her during the term of the tenancy and that she had kept the house very clean and was fastidious when it came to cleaning.

It is for the landlord to prove that the issue occurred during the tenancy and was not as a result of fair wear and tear. Mould has a number of causes. Lack of cleanliness is not the only cause. It may have occurred as a result of condensation or faulty installation. The landlord has not proven that the issue was not as a result of fair wear and tear by the tenant. The claim is dismissed.

The landlord has claimed compensation for painting damaged paint work on the interior of the premises. Extensive photo evidence was provided by the landlord in support of his claim. In particular, photos of damaged doors and door frames were provided. A report was provided by the painter setting out the issues and the painters opinion of the reasons for the damage. The main cause of the problem in the landlord’s view were repairs carried out by the tenant or her contractor, which were not of a workmanlike standard and which in fact caused more work than might otherwise have been the case had done nothing by way of repair.

The tenant also provided a report from a painting contractor. That report was based solely on photos of the premises which had been provided to the contractor. The contractor did not view the damage first hand. In this matter, I prefer the evidence of the landlord contractor who had been able to see the damage “ first hand.” The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The invoice is for $1,293.47. As the damage was in a number of areas, the insurance excess is not applicable.

The landlord provided photos of a stain on the laundry floor. The stain appeared to be in the shape of a mat that had been on the floor in the doorway. The landlord said that the lino floor had been newly installed at the start of the tenancy. Rather than claim for the costs of repairs the landlord has suggested that a mat be purchased at a cost of $17.34 to cover the stain.

The tenant said that the mark had been caused by the sun fading that floor area. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proven.

As the landlord has substantially succeeded with the claim, I have ordered the tenant to reimburse the filing fee.

Both parties applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord name is ordered. The tenant has not been wholly or substantially successful and the tenant application for suppression is dismissed.

Reasons

Claims and awards in Tenancy Tribunal application 4874331 — net $1,429.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$88.57	Rent arrears
Water rates	$10.15	2024. The tenant had paid rent up to and including Sunday 21 April 2024.The tenant is to pay $88.57, being rent for one day to the landlord .
Repairs: Painting	$1,293.47	Repairs: Painting
Mat	$17.34	Mat
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,429.97
Bond	$1,515.00
Total payable by Tenant to Landlord	$1,429.97

Both parties attended the hearing.

The tenant applied for release of her bond.

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 and water rates?

Is the tenant responsible for the damage to the premises?

The landlord claims that the following damage was caused during the tenancy:

The tenant said that the issue had never been raised with her during the term of the tenancy and that she had kept the house very clean and was fastidious when it came to cleaning.

The tenant said that the mark had been caused by the sun fading that floor area. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proven.

As the landlord has substantially succeeded with the claim, I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 4874331 — Property damage at 611A Beach Road, Rothesay Bay, Auckland 0630

At a glance

Tenancy Tribunal case 4874331 — Property damage at 611A Beach Road, Rothesay Bay, Auckland 0630

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

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

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions