What was the outcome of Tenancy Tribunal case 4874362?

The tribunal order states: Lynette Mclennan to pay Michael Wills $1,155.44 from the bond, calculated as

How much money was awarded in case 4874362?

Filing Fee: $20.44 awarded to landlord; Property Damage: $185.00 awarded to landlord; Rent Arrears: $400.00 awarded to landlord; Kitchen Vinyl: $550.00 awarded to landlord

What type of tenancy dispute was case 4874362?

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

Where can I read the official tribunal order for case 4874362?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10694866-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4874362?

The tribunal order states: Lynette Mclennan to pay Michael Wills $1,155.44 from the bond, calculated as

How much money was awarded in case 4874362?

Filing Fee: $20.44 awarded to landlord; Property Damage: $185.00 awarded to landlord; Rent Arrears: $400.00 awarded to landlord; Kitchen Vinyl: $550.00 awarded to landlord

What type of tenancy dispute was case 4874362?

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

Where can I read the official tribunal order for case 4874362?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10694866-Tenancy_Tribunal_Order.pdf.

93 Taward Street, Oamaru North, Oamaru 9400 Tenancy Tribunal Case 4874362 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4874362 — net $1,155.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$400.00	Rent arrears
Lock/key replacement: Garage Door Remote	$185.00	Lock/key replacement: Garage Door Remote
Repairs: Vinyl	$550.00	Repairs: Vinyl
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,155.44
Bond	$1,440.00
Total payable by Tenant to Landlord	$1,155.44

Both parties 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 on 21 January 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

There was dispute over when the tenancy ended. The tenant said that she was given notice that the tenancy would end on 8 January 2024, but she remained at the property until 13 January and paid up to that date.

The landlord says that the tenant did not return vacant possession him until 21 January 2024, when she returned the keys. The tenant provided written evidence that an inspection took place on 21 January 2024 to conclude the tenancy. I find it more likely than not that the tenancy ended on 21 January 2024, and the landlord is entitled to rent to that date. I award $400, as claimed.

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 did not return a garage door remote. She forgot she had the remote, but has now found it, after the landlord had purchased a replacement. The tenant claims that the remote did not work during the tenancy which is why she forgot about it. There is no evidence that she advised the landlord of any issues with the remote during the tenancy.

I find that the tenant is liable for the cost of the replacement remote. That was $185.00.

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.

Vinyl was damaged during the tenancy by a dog. It seems the dog was locked in the bathroom on a Christmas day and has damaged the vinyl. The tenant attempted a repair but that was not satisfactory; she applied some sort of silicone on instructions from a vinyl-layer but that product lifted. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

There was no evidence that dogs were regularly left in the bathroom unattended, so I find that the damage was carelessly caused in this instance. The landlord’s insurance excess was $550, but it did not make a claim. I award the landlord the amount of the insurance excess.

The landlord’s application also included a claim for exemplary damages, but that was not pursued at the hearing.

As the landlord was substantially successful, I award reimbursement of the Tribunal application fee.

Claims and awards in Tenancy Tribunal application 4874362 — net $1,155.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$400.00	Rent arrears
Lock/key replacement: Garage Door Remote	$185.00	Lock/key replacement: Garage Door Remote
Repairs: Vinyl	$550.00	Repairs: Vinyl
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,155.44
Bond	$1,440.00
Total payable by Tenant to Landlord	$1,155.44

Order

Lynette Mclennan to pay Michael Wills $1,155.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,440.00 (5955522-007) immediately apportioned as follows: Michael Wills: $1,155.44 Lynette Mclennan: $284.56

Reasons

Both parties 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 on 21 January 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
There was dispute over when the tenancy ended. The tenant said that she was given notice that the tenancy would end on 8 January 2024, but she remained at the property until 13 January and paid up to that date.
The landlord says that the tenant did not return vacant possession him until 21 January 2024, when she returned the keys. The tenant provided written evidence that an inspection took place on 21 January 2024 to conclude the tenancy. I find it more likely than not that the tenancy ended on 21 January 2024, and the landlord is entitled to rent to that date. I award $400, as claimed.

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 did not return a garage door remote. She forgot she had the remote, but has now found it, after the landlord had purchased a replacement. The tenant claims that the remote did not work during the tenancy which is why she forgot about it. There is no evidence that she advised the landlord of any issues with the remote during the tenancy.
I find that the tenant is liable for the cost of the replacement remote. That was $185.00.

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.
Vinyl was damaged during the tenancy by a dog. It seems the dog was locked in the bathroom on a Christmas day and has damaged the vinyl. The tenant attempted a repair but that was not satisfactory; she applied some sort of silicone on instructions from a vinyl-layer but that product lifted. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
There was no evidence that dogs were regularly left in the bathroom unattended, so I find that the damage was carelessly caused in this instance. The landlord’s insurance excess was $550, but it did not make a claim. I award the landlord the amount of the insurance excess.
The landlord’s application also included a claim for exemplary damages, but that was not pursued at the hearing.
As the landlord was substantially successful, I award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4874362 — Property damage at 93 Taward Street, Oamaru North, Oamaru 9400

At a glance

Tenancy Tribunal case 4874362 — Property damage at 93 Taward Street, Oamaru North, Oamaru 9400

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