What was the outcome of Tenancy Tribunal case 4886500?

The tribunal order states: Esau Nga and Larissa Marsters to pay The Rent Shop Limited As Agent For

How much money was awarded in case 4886500?

Cleaning: $268.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $249.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Rent Arrears: $320.00 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord; Skip Bin Hire: $344.00 awarded to landlord

What type of tenancy dispute was case 4886500?

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

Where can I read the official tribunal order for case 4886500?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10693091-Tenancy_Tribunal_Order - OP.pdf.

What was the outcome of Tenancy Tribunal case 4886500?

The tribunal order states: Esau Nga and Larissa Marsters to pay The Rent Shop Limited As Agent For

How much money was awarded in case 4886500?

Cleaning: $268.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $249.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Rent Arrears: $320.00 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord; Skip Bin Hire: $344.00 awarded to landlord

What type of tenancy dispute was case 4886500?

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

Where can I read the official tribunal order for case 4886500?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10693091-Tenancy_Tribunal_Order - OP.pdf.

2A Fields Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4886500 — Property damage

Claims and awards in Tenancy Tribunal application 4886500 — net $178.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2024	$320.00	Rent arrears to 15 April 2024
Rubbish removal	$517.50	Rubbish removal
Skip bin hire	$344.00	Skip bin hire
Cleaning	$268.00	Cleaning
Lock/key replacement	$249.00	Lock/key replacement
Carpet replacement	$600.00	19. I have ordered the tenant to pay $600.00 towards the cost to replace the carpet.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$178.94
Total payable by Tenant to Landlord	$178.94

Order

Esau Nga and Larissa Marsters to pay The Rent Shop Limited As Agent For Chris Moore & Dyane Parris $178.94 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,140.00 (3399328-017) to The Rent Shop Limited As Agent For Chris Moore & Dyane Parris immediately.

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 15 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $320.00.

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, 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 landlord provided a pre-inspection report and photographs of the property at the beginning of the tenancy. The landlord also provided an exit inspection report and photographs of the property at the end of the tenancy. When comparing the photographs, it is clear that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord advised the Tribunal that the tenant did not return the keys. The tenant advised the Tribunal that they left the keys on the kitchen bench and took a photograph of this. The Tribunal allowed the tenant time to find the photograph, but the tenant was unable to locate it. The photographs of the kitchen bench taken at the exit inspection do not show any keys. I find that the tenant did not return the keys.
The amounts ordered for cleaning, and key and lock replacement 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.
The following damage was caused during the tenancy: a. Stains to the carpet. b. Broken weatherboard.
In respect of the stains to the carpet, the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided photographs of the carpet at the beginning of the tenancy, which show some minor staining already present. Photographs of the carpet taken at the end of the tenancy show an increase in stains, including a large red mark.
The landlord advised the Tribunal that the carpet was approximately 5 – 7 years old at the end of the tenancy. The estimated useful life of carpet is 8 years according to the General depreciation rates set by the Inland Revenue Department.
The landlord replaced the carpet with Solution Dyed Nylon, which is not an exact match. The cost of replacing the carpet was $3,070.00 (including GST). The landlord sought $600.00 from the tenant towards this cost.
I have ordered the tenant to pay $600.00 towards the cost to replace the carpet. In determining this amount, taken into account betterment and depreciation of the carpet. 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.
In respect of the damage to the weatherboard, the damage is more than fair wear and tear however, the tenant has disproved liability. The tenant advised the Tribunal that they owned a quadbike which was kept in the yard of the property. Someone tried to steal the quadbike and in doing so, turned on the engine and revved it into the side of the house causing damage to the weatherboard. A tenant is only responsible for the actions of other people who are on the property with their permission. See section 41(1) of the Residential Tenancies Act 1986. The third party who attempted to steal the tenant’s quadbike was not in the premises with permission of the tenant. Therefore, the tenant is not liable for the damage caused.
Because The Rent Shop Limited As Agent For Chris Moore & Dyane Parris has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4886500 — net $178.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2024	$320.00	Rent arrears to 15 April 2024
Rubbish removal	$517.50	Rubbish removal
Skip bin hire	$344.00	Skip bin hire
Cleaning	$268.00	Cleaning
Lock/key replacement	$249.00	Lock/key replacement
Carpet replacement	$600.00	19. I have ordered the tenant to pay $600.00 towards the cost to replace the carpet.
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$178.94
Total payable by Tenant to Landlord	$178.94

Order

Esau Nga and Larissa Marsters to pay The Rent Shop Limited As Agent For Chris Moore & Dyane Parris $178.94 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,140.00 (3399328-017) to The Rent Shop Limited As Agent For Chris Moore & Dyane Parris immediately.

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 15 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $320.00.

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, 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 landlord provided a pre-inspection report and photographs of the property at the beginning of the tenancy. The landlord also provided an exit inspection report and photographs of the property at the end of the tenancy. When comparing the photographs, it is clear that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord advised the Tribunal that the tenant did not return the keys. The tenant advised the Tribunal that they left the keys on the kitchen bench and took a photograph of this. The Tribunal allowed the tenant time to find the photograph, but the tenant was unable to locate it. The photographs of the kitchen bench taken at the exit inspection do not show any keys. I find that the tenant did not return the keys.
The amounts ordered for cleaning, and key and lock replacement 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.
The following damage was caused during the tenancy: a. Stains to the carpet. b. Broken weatherboard.
In respect of the stains to the carpet, the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided photographs of the carpet at the beginning of the tenancy, which show some minor staining already present. Photographs of the carpet taken at the end of the tenancy show an increase in stains, including a large red mark.
The landlord advised the Tribunal that the carpet was approximately 5 – 7 years old at the end of the tenancy. The estimated useful life of carpet is 8 years according to the General depreciation rates set by the Inland Revenue Department.
The landlord replaced the carpet with Solution Dyed Nylon, which is not an exact match. The cost of replacing the carpet was $3,070.00 (including GST). The landlord sought $600.00 from the tenant towards this cost.
I have ordered the tenant to pay $600.00 towards the cost to replace the carpet. In determining this amount, taken into account betterment and depreciation of the carpet. 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.
In respect of the damage to the weatherboard, the damage is more than fair wear and tear however, the tenant has disproved liability. The tenant advised the Tribunal that they owned a quadbike which was kept in the yard of the property. Someone tried to steal the quadbike and in doing so, turned on the engine and revved it into the side of the house causing damage to the weatherboard. A tenant is only responsible for the actions of other people who are on the property with their permission. See section 41(1) of the Residential Tenancies Act 1986. The third party who attempted to steal the tenant’s quadbike was not in the premises with permission of the tenant. Therefore, the tenant is not liable for the damage caused.
Because The Rent Shop Limited As Agent For Chris Moore & Dyane Parris has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4886500 — Property damage at 2A Fields Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4886500 — Property damage at 2A Fields Road, Manurewa, Auckland 2102

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