What was Tenancy Tribunal case 4894164 about?

The tribunal order states: Aria Jagger must pay [The landlord/s] $4,835.40 immediately, calculated as

How much money was awarded in case 4894164?

Cleaning: $260.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Flea Bombs: $18.00 awarded to landlord; Garage Remotes: $200.00 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Rent Arrears: $1,792.57 awarded to landlord; Fence Paling: $7.58 awarded to landlord; Walls: $1,974.70 awarded to landlord; Replace furnishings: Carpets lounge,…: $2,200.00 awarded to landlord; Replace Furnishings: Garage Door: $550.00 awarded to landlord; Water Rates: $262.11 awarded to landlord

What type of tenancy dispute was case 4894164?

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

Where can I read the official tribunal order for case 4894164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10708638-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4894164 about?

The tribunal order states: Aria Jagger must pay [The landlord/s] $4,835.40 immediately, calculated as

How much money was awarded in case 4894164?

Cleaning: $260.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Flea Bombs: $18.00 awarded to landlord; Garage Remotes: $200.00 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Rent Arrears: $1,792.57 awarded to landlord; Fence Paling: $7.58 awarded to landlord; Walls: $1,974.70 awarded to landlord; Replace furnishings: Carpets lounge,…: $2,200.00 awarded to landlord; Replace Furnishings: Garage Door: $550.00 awarded to landlord; Water Rates: $262.11 awarded to landlord

What type of tenancy dispute was case 4894164?

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

Where can I read the official tribunal order for case 4894164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10708638-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4894164 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4894164 — net $4,835.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 February 2024	$1,792.57	Rent arrears to 16 February 2024
Water rates	$262.11	Water rates
Cleaning	$300.00	Cleaning
Carpet cleaning	$260.00	Carpet cleaning
Garage remotes	$200.00	Garage remotes
Flea bombs	$18.00	Flea bombs
Lawns and garden work	$250.00	Lawns and garden work
Repairs: Walls	$1,974.70	Repairs: Walls
Repairs: Fence Paling	$7.58	Repairs: Fence Paling
Replace furnishings: Carpets lounge, 2 bedrooms and hallway	$2,200.00	Replace furnishings: Carpets lounge, 2 bedrooms and hallway
Replace furnishings: Garage door	$550.00	Replace furnishings: Garage door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,835.40
Total payable by Tenant to Landlord	$4,835.40

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.

The tenant has applied for the bond and compensation of $4,330.00 for the landlord ending the tenancy unlawfully.

The tenancy commenced on 29 November 2022 and ended on 16 February 2024.

How much is owed for rent and water rates?

The tenancy ended on 16 February 2024. The landlord provided rent records and water rates invoices which prove the amount owing at 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 did not leave the premises reasonably clean and tidy. I award $300.00 for cleaning and $260.00 for carpet cleaning. I award $250.00 for garden work instead of the $525.55 claimed as the tenant is not responsible for trimming of trees, shrubs and hedges.

I also award $18.00 for flea bombs. The tenant says there were fleas at the premises from the beginning of the tenancy, but I find this unlikely as she did not mention this to the landlord at any time during the tenancy.

The tenant did not return the garage remotes. I award $200.00 as claimed.

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 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: multiple holes in walls, damaged carpets due to stains and urine odours, damage to the garage door, and a broken fence paling. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find it more likely than not that an animal caused the urine damage during this tenancy as neighbours complaining about a dog being at the premises. The tenant did not raise any pre-existing smells with the landlord, and I accept the landlord’s evidence that no such smells existed.

The amounts ordered are proved. I award the 4 insurance excesses for the carpets in the lounge, hallway and 2 bedrooms. I award $1,974.70 for painting and plaster work as fair, reasonable and proportionate compensation. Although I find that the tenant caused the majority of the damage, I find it likely that other areas would fall into the fair, wear and tear category therefore I have applied a 30% deduction to the $2,821.00 claimed.

I find that damage to the washing line is likely fair wear and tear, so this part of the claim is dismissed.

As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.

The landlord is entitled to name suppression as requested.

Did the landlord unlawfully end the tenancy?

The landlord gave the tenant a 63-day notice to end this tenancy as their granddaughter was moving in.

The tenant says she was told the current tenant is not related to the landlord as the current tenant’s sister is a friend of her sister.

I find that the tenant has not provided sufficient evidence to prove that the landlord unlawfully ended the tenancy. I accept the evidence of the landlord that the notice was given because a family member was moving in, she moved in with the grandparents nearby while the repairs were being done, and she then moved into the premises within the required 90-day period.

The cross application is dismissed.

Claims and awards in Tenancy Tribunal application 4894164 — net $4,835.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 February 2024	$1,792.57	Rent arrears to 16 February 2024
Water rates	$262.11	Water rates
Cleaning	$300.00	Cleaning
Carpet cleaning	$260.00	Carpet cleaning
Garage remotes	$200.00	Garage remotes
Flea bombs	$18.00	Flea bombs
Lawns and garden work	$250.00	Lawns and garden work
Repairs: Walls	$1,974.70	Repairs: Walls
Repairs: Fence Paling	$7.58	Repairs: Fence Paling
Replace furnishings: Carpets lounge, 2 bedrooms and hallway	$2,200.00	Replace furnishings: Carpets lounge, 2 bedrooms and hallway
Replace furnishings: Garage door	$550.00	Replace furnishings: Garage door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,835.40
Total payable by Tenant to Landlord	$4,835.40

Order

Aria Jagger must pay [The landlord/s] $4,835.40 immediately, calculated as shown in table below.
All other claims are dismissed.

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.
The tenant has applied for the bond and compensation of $4,330.00 for the landlord ending the tenancy unlawfully.
The tenancy commenced on 29 November 2022 and ended on 16 February 2024.

How much is owed for rent and water rates?

The tenancy ended on 16 February 2024. The landlord provided rent records and water rates invoices which prove the amount owing at 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 did not leave the premises reasonably clean and tidy. I award $300.00 for cleaning and $260.00 for carpet cleaning. I award $250.00 for garden work instead of the $525.55 claimed as the tenant is not responsible for trimming of trees, shrubs and hedges.
I also award $18.00 for flea bombs. The tenant says there were fleas at the premises from the beginning of the tenancy, but I find this unlikely as she did not mention this to the landlord at any time during the tenancy.
The tenant did not return the garage remotes. I award $200.00 as claimed.
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 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: multiple holes in walls, damaged carpets due to stains and urine odours, damage to the garage door, and a broken fence paling. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I find it more likely than not that an animal caused the urine damage during this tenancy as neighbours complaining about a dog being at the premises. The tenant did not raise any pre-existing smells with the landlord, and I accept the landlord’s evidence that no such smells existed.
The amounts ordered are proved. I award the 4 insurance excesses for the carpets in the lounge, hallway and 2 bedrooms. I award $1,974.70 for painting and plaster work as fair, reasonable and proportionate compensation. Although I find that the tenant caused the majority of the damage, I find it likely that other areas would fall into the fair, wear and tear category therefore I have applied a 30% deduction to the $2,821.00 claimed.
I find that damage to the washing line is likely fair wear and tear, so this part of the claim is dismissed.
As the landlord has substantially succeeded with the claim, the tenant must reimburse the filing fee.
The landlord is entitled to name suppression as requested.

Did the landlord unlawfully end the tenancy?

The landlord gave the tenant a 63-day notice to end this tenancy as their granddaughter was moving in.
The tenant says she was told the current tenant is not related to the landlord as the current tenant’s sister is a friend of her sister.
I find that the tenant has not provided sufficient evidence to prove that the landlord unlawfully ended the tenancy. I accept the evidence of the landlord that the notice was given because a family member was moving in, she moved in with the grandparents nearby while the repairs were being done, and she then moved into the premises within the required 90-day period.
The cross application is dismissed.

Tenancy Tribunal case 4894164 — Property damage

At a glance

Tenancy Tribunal case 4894164 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Did the landlord unlawfully end the tenancy?

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?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Did the landlord unlawfully end the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions