What was the outcome of Tenancy Tribunal case 4886300?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4886300?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4886300?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4886300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10960745-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4886300?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4886300?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4886300?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4886300?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10960745-Tenancy_Tribunal_Order.pdf.

15 Blackwater Street, Bluff, Bluff 9814 Tenancy Tribunal Case 4886300 — Cleanliness

Order

The application is dismissed.

Reasons

Both parties attended the hearing. The tenant was represented by counsel.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy started on 1 March 2023. The previous tenant moved out on or about early March 2023. This tenant Ms Amos signed a new tenancy agreement. The landlord has owned the property since 2004. Ms Feng was also the landlord for the previous tenant. The house was built in the 1970’s.
Before I consider the specific claims, I begin by noting that as with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. In this case, as it is a landlord application, that means that it is for the landlord to establish her respective claims on “the balance of probabilities”. That means that she must establish that what she is claiming is more likely than not.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely.
The landlord submitted photographic evidence during the hearing. The tenant also submitted helpful evidence in response. For the sake of brevity, I have not referred to all the evidence presented; however, the parties can be assured that it has all been carefully considered.

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.
The landlord makes the following claims against the tenant: Wall and Ceiling Repairs:
The landlord claims the amount of $13,627.50 for wall and ceiling repairs. The landlord says that the tenant is responsible for damage to the walls and ceiling.
The landlord has only provided limited photographic evidence which she states that she took on 27 October 2023. The landlord says that the wallpaper had been damaged.
The landlord confirmed that the amount claimed is still a quote and not an expense claim. The landlord handed up limited photographic evidence during the hearing which had not been provided earlier. Counsel for the tenant had not seen this evidence earlier. The photos show only minor damage which would in any event amount to fair wear and tear. The landlord has provided a quote dated 22 April 2024 from Cover with Colour Decorating in support of this claim. There is no expense claim.
Counsel says that their client does not accept this damage claim. They maintain that the tenant is not responsible for any of the damage to the walls and ceiling during her tenancy. The damage between the living room and the kitchen existed before the tenant moved in. They further state that the damage was not caused by cats. Some of the damage was consistent with that caused by something larger like a dog. Some of damage had been painted over prior to the tenant moving in. Flooring replacement:
The landlord says that the tenant had a cat on the property and as a result of cat soiling she will have to replace the carpet.
The carpet was installed in 2020. The landlord’s claim is to replace the carpet throughout the entire house. The landlord says that the third bedroom was not used. She says that it was used as a storage room for her own belongings.
The landlord showed photographs of the flooring which were taken on 27 October 2023 and 15 September 2023. The landlord is yet to replace the carpet because of the cost. No reference from a carpet specialist has been provided in support of the urine smell. The landlord has only provided a quote dated 24 May 2024 from Flooring Xtra in support of this claim. There is no expense claim.
The tenant responded by stating that there were no puddles of cat urine on the carpet while she lived at the property. Handrailing replacement:
The landlord is claiming handrailing replacement for the outside deck.
On 27 October 2023 the landlord took a photo taken from inside the property looking outside. The landlord handed up a photo during the hearing which had not been provided prior. The landlord has only provided a quote dated 27 May 2024 from Bunnings in support of this claim. There is no expense claim.
The tenant says that the handrailing was like this when she moved in. The landlord has only provided a quote for this claim. She maintains that she did not remove the handrailing or take any part of it away with her when she left. Analysis:
I am far from satisfied that the tenant is responsible for these damage claims. There is a complete lack of convincing evidence filed in support of these claims. The landlord has not filed entry photographic evidence which confirms the state of the premises at the time this tenant moved into the property. On the other hand, the tenant has provided evidence which confirms that the premises were in need of maintenance well prior to the tenant moving in.
In an email dated 20 March 2023 the tenant expressed her frustration to the landlord regarding the state of the premises when she moved in. The tenant was forced to undertake a considerable amount of work cleaning and addressing issues with the premises. The list of issues was extensive. On 30 July 2023 the tenant notified that landlord by email that she was in breach of her responsibilities as a landlord by not meeting the relevant building health and safety standards, and not ensuring that the property was in a reasonable condition at the start of the tenancy.
The onus is on the landlord to prove her claims on the balance of probabilities. It is not for the tenant to prove her ‘innocence’. The landlord has not provided evidence in the form of entry inspection photographs. There is also limited evidence provided in support of these three claims taken at the conclusion of the tenancy on 27 October 2023. The landlord has also not provided evidence of actual loss in the form of a paid expense claim with an accompanying tax invoice. She has only provided quotes in support of these claims.
In respect of the carpet, at the very least I would have expected independent evidence from a professional carpet cleaning company confirming that after cleaning the carpet, the cat urine smell, as alleged, remained and could not be removed.
The landlord is claiming a significant level of compensation from the tenant, and because of this the landlord has a responsibility to provide accurate, comprehensive and convincing evidence that the tenant was more likely than not responsible for the damage claimed. She has not done so. She should have ensured that accurate photographic recordings were made of the state of the premises when the previous tenant moved out and the state of the premises on the day this tenant moved in. It is also not for the tenant to have to contribute towards the landlord’s renovations.
The applicant has not satisfied me that it is more likely than not that the tenant is responsible for the damage claimed.
Accordingly, all three claims in respect of this application must be dismissed.
Because the landlord’s application has been unsuccessful I do not order reimbursement of the filing fee.

Tenancy Tribunal case 4886300 — Cleanliness at 15 Blackwater Street, Bluff, Bluff 9814

At a glance

Tenancy Tribunal case 4886300 — Cleanliness at 15 Blackwater Street, Bluff, Bluff 9814

At a glance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions