What was Tenancy Tribunal case 4899593 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $3,025.43 immediately, calculated as

How much money was awarded in case 4899593?

Property Damage: $828.99 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Pest Control: $150.00 awarded to landlord; Property Damage: $181.00 awarded to landlord; Door Jamb: $250.00 awarded to landlord; Doors: $500.00 awarded to landlord; Electrical: $270.00 awarded to landlord; Kitchen Drawers: $100.00 awarded to landlord; Rubbish Removal: $475.00 awarded to landlord

What type of tenancy dispute was case 4899593?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4899593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10833896-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4899593 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $3,025.43 immediately, calculated as

How much money was awarded in case 4899593?

Property Damage: $828.99 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Pest Control: $150.00 awarded to landlord; Property Damage: $181.00 awarded to landlord; Door Jamb: $250.00 awarded to landlord; Doors: $500.00 awarded to landlord; Electrical: $270.00 awarded to landlord; Kitchen Drawers: $100.00 awarded to landlord; Rubbish Removal: $475.00 awarded to landlord

What type of tenancy dispute was case 4899593?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4899593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10833896-Tribunal_Order_Redacted.pdf.

14 Wilson Place, Papakura, Papakura 2110 Tenancy Tribunal Case 4899593 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4899593 — net $3,025.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$181.00	Window repairs
Repairs: Doors	$500.00	Repairs: Doors
Repairs: Kitchen drawers	$100.00	Repairs: Kitchen drawers
Repairs: Electrical	$270.00	Repairs: Electrical
Rubbish removal	$475.00	claim for rubbish removal is proven. __________________________________________________________________________________ 48995933
Lawns and Garden work	$250.00	Lawns and Garden work
Pest control	$150.00	Pest control
__________________________________________________________________________________ 48995932 Repairs: Holes in walls	$828.99	__________________________________________________________________________________ 48995932 Repairs: Holes in walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Door jamb	$250.00	Repairs: Door jamb
Net award	$3,025.43
Total payable by Tenant to Landlord	$3,025.43

[The tenant/s] must pay [The landlord/s] $3,025.43 immediately, calculated as shown in table below.

The tenant must pay the debt in order 2 at the rate of $ 20.00 per week.

The first payment must be made on Tuesday 24 September 2024 and payments must continue every Tuesday until the debt is paid in full.

If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

The landlord’s claim for damage to the downpipe was withdrawn at hearing.

All other claims not proven are dismissed.

Reasons

Both parties attended the hearing held today.

The landlord has applied for compensation for cleaning, window repairs, door repairs, holes in the walls, lawns and gardens, rubbish removal, pest control, and reimbursement of the filing fee following the end of the tenancy.

The tenancy ended on the 2 May 2024 after the landlord gave notice to the tenant that he wished to do extensive renovation to the property before selling the property. The property is now listed for sale, and it is noted from the sale photographs that the landlord has replaced the carpet, repainted the property, replaced the kitchen cabinets and bathroom vanity and the blinds at the property.

The tenant lived in the property for 3 and ¼ years, with her three children and another adult.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant agreed to pay the cleaning fee and removal of the fridge left at the property from the bond. The bond also covered the rent arrears. The landlord claimed $271.33 being the balance of the cleaning invoice. I have not allowed this claim because I consider the amount already paid by the tenant as sufficient to remedy the breach and bring the property up to a reasonable standard. I also note that the landlord carried out extensive renovation of the property after the tenancy ended which would have created mess and dust.

The tenant left behind rubbish at the property that would have needed to be removed. The landlord’s claim for rubbish removal is proven.

There was a portion of the lawns and gardens at the property that were very overgrown, and I have awarded an amount that would have been required to bring that up to a reasonable standard.

The landlord claimed $760.00 for pest control. This was a quoted amount and seemed exorbitant compared to the usual quotes/ invoices that the Tribunal sees regularly for pest control. There was evidence that the way the tenant lived in the property caused the cockroach infestation, but I have only awarded the usual amount of $150.00 that is required for pest control because there is no evidence that the landlord actually undertook this pest control and that he suffered the claimed amount as a loss.

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.

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: • Broken window. • Broken door in the bedroom • Paint marks on doors. • Marks on the door in hot water cupboard and laundry. • Broken power switches and telephone jack • Holes in the walls x8. • Large hole in the kitchen cabinetry.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant accepted most of the damages was caused by her children either carelessly or intentionally.

The landlord had quotes for the work. This is because some of the work was completed as a result of the renovations at the property and therefore was absorbed into the overall cost of those renovations.

I am satisfied that the tenant caused the damage and some loss has occurred as result of that damage.

I have taken into account betterment and depreciation. 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. Many items in the house were at or near the end of their lifespan, therefore the amounts awarded are much less than the amounts quoted for repair.

The tenant has agreed to pay the amount ordered off at $20.00 per week to the landlord.

Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Both parties asked for suppression, and I consider it appropriate to grant suppression to both as both have been partly successful in claims and defending those claims. The tenant has been co-operative with the landlord throughout this process.

Claims and awards in Tenancy Tribunal application 4899593 — net $3,025.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$181.00	Window repairs
Repairs: Doors	$500.00	Repairs: Doors
Repairs: Kitchen drawers	$100.00	Repairs: Kitchen drawers
Repairs: Electrical	$270.00	Repairs: Electrical
Rubbish removal	$475.00	claim for rubbish removal is proven. __________________________________________________________________________________ 48995933
Lawns and Garden work	$250.00	Lawns and Garden work
Pest control	$150.00	Pest control
__________________________________________________________________________________ 48995932 Repairs: Holes in walls	$828.99	__________________________________________________________________________________ 48995932 Repairs: Holes in walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs: Door jamb	$250.00	Repairs: Door jamb
Net award	$3,025.43
Total payable by Tenant to Landlord	$3,025.43

Order

[The tenant/s] must pay [The landlord/s] $3,025.43 immediately, calculated as shown in table below.
The tenant must pay the debt in order 2 at the rate of $ 20.00 per week.
The first payment must be made on Tuesday 24 September 2024 and payments must continue every Tuesday until the debt is paid in full.
If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
The landlord’s claim for damage to the downpipe was withdrawn at hearing.
All other claims not proven are dismissed.

Reasons

Both parties attended the hearing held today.
The landlord has applied for compensation for cleaning, window repairs, door repairs, holes in the walls, lawns and gardens, rubbish removal, pest control, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on the 2 May 2024 after the landlord gave notice to the tenant that he wished to do extensive renovation to the property before selling the property. The property is now listed for sale, and it is noted from the sale photographs that the landlord has replaced the carpet, repainted the property, replaced the kitchen cabinets and bathroom vanity and the blinds at the property.
The tenant lived in the property for 3 and ¼ years, with her three children and another adult.

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant agreed to pay the cleaning fee and removal of the fridge left at the property from the bond. The bond also covered the rent arrears. The landlord claimed $271.33 being the balance of the cleaning invoice. I have not allowed this claim because I consider the amount already paid by the tenant as sufficient to remedy the breach and bring the property up to a reasonable standard. I also note that the landlord carried out extensive renovation of the property after the tenancy ended which would have created mess and dust.
The tenant left behind rubbish at the property that would have needed to be removed. The landlord’s claim for rubbish removal is proven.
There was a portion of the lawns and gardens at the property that were very overgrown, and I have awarded an amount that would have been required to bring that up to a reasonable standard.
The landlord claimed $760.00 for pest control. This was a quoted amount and seemed exorbitant compared to the usual quotes/ invoices that the Tribunal sees regularly for pest control. There was evidence that the way the tenant lived in the property caused the cockroach infestation, but I have only awarded the usual amount of $150.00 that is required for pest control because there is no evidence that the landlord actually undertook this pest control and that he suffered the claimed amount as a loss.
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.
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: • Broken window. • Broken door in the bedroom • Paint marks on doors. • Marks on the door in hot water cupboard and laundry. • Broken power switches and telephone jack • Holes in the walls x8. • Large hole in the kitchen cabinetry.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The tenant accepted most of the damages was caused by her children either carelessly or intentionally.
The landlord had quotes for the work. This is because some of the work was completed as a result of the renovations at the property and therefore was absorbed into the overall cost of those renovations.
I am satisfied that the tenant caused the damage and some loss has occurred as result of that damage.
I have taken into account betterment and depreciation. 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. Many items in the house were at or near the end of their lifespan, therefore the amounts awarded are much less than the amounts quoted for repair.
The tenant has agreed to pay the amount ordered off at $20.00 per week to the landlord.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.
Both parties asked for suppression, and I consider it appropriate to grant suppression to both as both have been partly successful in claims and defending those claims. The tenant has been co-operative with the landlord throughout this process.

Tenancy Tribunal case 4899593 — Property damage at 14 Wilson Place, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4899593 — Property damage at 14 Wilson Place, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

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

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