What was the outcome of Tenancy Tribunal case 4898141?

The tribunal order states: Brooke Tyler and Emma Callaghan must pay Deepak Sharma $4,329.44

How much money was awarded in case 4898141?

Cleaning: $610.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $140.00 awarded to landlord; Rent Arrears: $4,100.00 awarded to landlord; Rent Loss - One Week: $650.00 awarded to landlord; Rubbish Removal: $759.00 awarded to landlord

What type of tenancy dispute was case 4898141?

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

Where can I read the official tribunal order for case 4898141?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10704869-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4898141?

The tribunal order states: Brooke Tyler and Emma Callaghan must pay Deepak Sharma $4,329.44

How much money was awarded in case 4898141?

Cleaning: $610.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $140.00 awarded to landlord; Rent Arrears: $4,100.00 awarded to landlord; Rent Loss - One Week: $650.00 awarded to landlord; Rubbish Removal: $759.00 awarded to landlord

What type of tenancy dispute was case 4898141?

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

Where can I read the official tribunal order for case 4898141?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10704869-Tenancy_Tribunal_Order.pdf.

264 Ferguson Street, Palmerston North, Palmerston North Tenancy Tribunal Case 4898141 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4898141 — net $4,329.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 May 2024	$4,100.00	Rent arrears to 24 May 2024
Carpet Cleaning	$610.00	Carpet Cleaning
Rubbish removal	$759.00	Rubbish removal
Bedroom door - replacement	$500.00	Bedroom door - replacement
Oven repair	$140.00	Oven repair
Lawns and garden work	$150.00	Lawns and garden work
Rent loss - one week	$650.00	Rent loss - one week
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,329.44
Total payable by Tenant to Landlord	$4,329.44

Brooke Tyler and Emma Callaghan must pay Deepak Sharma $4,329.44 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 to Deepak Sharma immediately. DescriptionLandlord Rent arrears to 24 May 2024$4,100.00 Carpet Cleaning$610.00 Rubbish removal$759.00 Bedroom door - replacement$500.00 Oven repair$140.00 Lawns and garden work$150.00 Rent loss - one week$650.00 Filing fee reimbursement$20.44 Total award$6,929.44 Bond$2,600.00 Total payable by Tenant to Landlord$4,329.44

Reasons

The hearing was conducted remotely on Teams.

The landlord attended the hearing by video link.

The tenants did not attend by way of the video link provided. The Tribunal telephoned the tenants, but they did not answer. The hearing proceeded in the tenants’ absence.

The landlord has applied for rent arrears, compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.

How much do the tenants owe for rent?

The tenancy ended on 25 May 2024 The landlord provided a rent summary proving the rent arrears to the end of 24 May 2024.

An order is made accordingly.

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

At the end of the tenancy, tenants must leave the premises reasonably clean and tidy, and remove all rubbish. 1

The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord had to have the carpets cleaned and has also had some (though not yet all) of the tenants’ rubbish removed. He provided invoices to prove his loss.

The tenants left the front garden in an untidy state. The landlord did the garden clean-up work himself. The work took four or five hours. I order the tenants to pay the landlord $150.00 for that work, which I am satisfied is less than what a professional contractor would have charged.

The amounts ordered are proved. 1 Residential Tenancies Act 1986 (RTA) 40(1)(e)(iii).

Are the tenants liable for the damage to the premises?

During the tenancy, a bedroom door was holed, and the oven’s drawer was damaged. The photographs suggest damage was caused intentionally or by imprudence.

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. 2

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). 3 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 4 In this case, the landlord did not have cover for residential tenancies, so could not claim on his insurance policy.

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. 5

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. 6

I am satisfied the damage occurred during the tenancy. The tenants have not proved the damage was not caused carelessly or intentionally.

Therefore, the tenants are liable for the damage.

The landlord has a renovation company. His company replaced the bedroom door. The landlord says the normal charge to a customer to replace a door like this would be about $850.00. I order $500.00 because the landlord provided no invoice and the loss to him must be less than if he had instructed an external contractor.

For the oven repair, the landlord paid an electrician a call-out fee of $90.00, and the landlord’s own employees carried out a repair. For this, I consider the tenants should be ordered to pay the landlord $140.00 in total. 2 RTA, ss 40(2)(a), 41, and 49B. 3 RTA, s 49B(3)(b). 4 RTA, s 49B(3A)(a). 5 RTA, s 49B(3A)(a). 6 See Guo v Korck [2019] NZHC 1541. Rent loss

The landlord sought three weeks’ compensation in lieu of rent because he claims he could not even begin to advertise the premises for rent again before he remediated the tenants’ breaches.

I consider one week was a sufficient time for the landlord to address the carpet cleaning, rubbish removal, and the garden tidy-up. The repairs of the oven and replacing the door were not complex and should have been able to have been completed within about a week also.

I allow one week’s compensation in lieu of rent. Filing fee and bond

The tenants must reimburse the landlord for the bond.

The bond is to be paid out to the landlord in part-payment of the tenants’ debt arising from this order.

Claims and awards in Tenancy Tribunal application 4898141 — net $4,329.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 May 2024	$4,100.00	Rent arrears to 24 May 2024
Carpet Cleaning	$610.00	Carpet Cleaning
Rubbish removal	$759.00	Rubbish removal
Bedroom door - replacement	$500.00	Bedroom door - replacement
Oven repair	$140.00	Oven repair
Lawns and garden work	$150.00	Lawns and garden work
Rent loss - one week	$650.00	Rent loss - one week
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,329.44
Total payable by Tenant to Landlord	$4,329.44

Order

Brooke Tyler and Emma Callaghan must pay Deepak Sharma $4,329.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 to Deepak Sharma immediately. DescriptionLandlord Rent arrears to 24 May 2024$4,100.00 Carpet Cleaning$610.00 Rubbish removal$759.00 Bedroom door - replacement$500.00 Oven repair$140.00 Lawns and garden work$150.00 Rent loss - one week$650.00 Filing fee reimbursement$20.44 Total award$6,929.44 Bond$2,600.00 Total payable by Tenant to Landlord$4,329.44

Reasons

The hearing was conducted remotely on Teams.
The landlord attended the hearing by video link.
The tenants did not attend by way of the video link provided. The Tribunal telephoned the tenants, but they did not answer. The hearing proceeded in the tenants’ absence.
The landlord has applied for rent arrears, compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy.

How much do the tenants owe for rent?

The tenancy ended on 25 May 2024 The landlord provided a rent summary proving the rent arrears to the end of 24 May 2024.
An order is made accordingly.

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

At the end of the tenancy, tenants must leave the premises reasonably clean and tidy, and remove all rubbish. 1
The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord had to have the carpets cleaned and has also had some (though not yet all) of the tenants’ rubbish removed. He provided invoices to prove his loss.
The tenants left the front garden in an untidy state. The landlord did the garden clean-up work himself. The work took four or five hours. I order the tenants to pay the landlord $150.00 for that work, which I am satisfied is less than what a professional contractor would have charged.
The amounts ordered are proved. 1 Residential Tenancies Act 1986 (RTA) 40(1)(e)(iii).

Are the tenants liable for the damage to the premises?

During the tenancy, a bedroom door was holed, and the oven’s drawer was damaged. The photographs suggest damage was caused intentionally or by imprudence.
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. 2
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). 3 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 4 In this case, the landlord did not have cover for residential tenancies, so could not claim on his insurance policy.
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. 5
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. 6
I am satisfied the damage occurred during the tenancy. The tenants have not proved the damage was not caused carelessly or intentionally.
Therefore, the tenants are liable for the damage.
The landlord has a renovation company. His company replaced the bedroom door. The landlord says the normal charge to a customer to replace a door like this would be about $850.00. I order $500.00 because the landlord provided no invoice and the loss to him must be less than if he had instructed an external contractor.
For the oven repair, the landlord paid an electrician a call-out fee of $90.00, and the landlord’s own employees carried out a repair. For this, I consider the tenants should be ordered to pay the landlord $140.00 in total. 2 RTA, ss 40(2)(a), 41, and 49B. 3 RTA, s 49B(3)(b). 4 RTA, s 49B(3A)(a). 5 RTA, s 49B(3A)(a). 6 See Guo v Korck [2019] NZHC 1541. Rent loss
The landlord sought three weeks’ compensation in lieu of rent because he claims he could not even begin to advertise the premises for rent again before he remediated the tenants’ breaches.
I consider one week was a sufficient time for the landlord to address the carpet cleaning, rubbish removal, and the garden tidy-up. The repairs of the oven and replacing the door were not complex and should have been able to have been completed within about a week also.
I allow one week’s compensation in lieu of rent. Filing fee and bond
The tenants must reimburse the landlord for the bond.
The bond is to be paid out to the landlord in part-payment of the tenants’ debt arising from this order.

Tenancy Tribunal case 4898141 — Rent arrears at 264 Ferguson Street, Palmerston North, Palmerston North

At a glance

Tenancy Tribunal case 4898141 — Rent arrears at 264 Ferguson Street, Palmerston North, Palmerston North

At a glance

Award balance

Claims & awards

Order

Reasons

How much do the tenants owe for rent?

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

Are the tenants liable 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 do the tenants owe for rent?

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

Are the tenants liable for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions