What was Tenancy Tribunal case 4900595 about?

The tribunal order states: Ronald Lima and Denizi Saibro De Oliveira to pay [The landlord/s] $3,745.15

How much money was awarded in case 4900595?

Cleaning: $700.00 awarded to landlord; Doors: $1,500.00 awarded to landlord; Walls: $450.00 awarded to landlord; Water Rates: $1,095.15 awarded to landlord

What type of tenancy dispute was case 4900595?

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

Where can I read the official tribunal order for case 4900595?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10953041-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4900595 about?

The tribunal order states: Ronald Lima and Denizi Saibro De Oliveira to pay [The landlord/s] $3,745.15

How much money was awarded in case 4900595?

Cleaning: $700.00 awarded to landlord; Doors: $1,500.00 awarded to landlord; Walls: $450.00 awarded to landlord; Water Rates: $1,095.15 awarded to landlord

What type of tenancy dispute was case 4900595?

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

Where can I read the official tribunal order for case 4900595?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10953041-Tribunal_Order_Redacted.pdf.

43 Shuttleworth Place, Manly, Whangaparaoa 0930 Tenancy Tribunal Case 4900595 — Property damage

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43 Shuttleworth Place, Manly, Whangaparaoa 0930 Tenancy Tribunal Case 4900595 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4900595 — net $3,745.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,095.15	2024. The tenant agreed that there are water rates arrears of $1,095.15.
Repairs: Walls	$450.00	betterment and depreciation is minor as a result. The tenant is ordered to pay $450.00 for the wall repairs and $1,500.00 for repairs to the doors.
Repairs: Doors	$1,500.00	inor as a result. The tenant is ordered to pay $450.00 for the wall repairs and $1,500.00 for repairs to the doors.
Carpet Cleaning	$700.00	Carpet Cleaning
Net award	$3,745.15
Bond	$5,600.00
Total payable by Tenant to Landlord	$3,745.15

Claims and awards for application 4900595 — net $3,745.15 NZD. Verify on MoJ.

Water rates

Amount: $1,095.15
Awarded to: Landlord
Reason: 2024. The tenant agreed that there are water rates arrears of $1,095.15.

Repairs: Walls

Amount: $450.00
Awarded to: Landlord
Reason: betterment and depreciation is minor as a result. The tenant is ordered to pay $450.00 for the wall repairs and $1,500.00 for repairs to the doors.

Repairs: Doors

Amount: $1,500.00
Awarded to: Landlord
Reason: inor as a result. The tenant is ordered to pay $450.00 for the wall repairs and $1,500.00 for repairs to the doors.

Carpet Cleaning

Amount: $700.00
Awarded to: Landlord
Reason: Carpet Cleaning

Net award

Landlord $3,745.15

Bond

Claim types — money lines allowed on this order

Carpet Cleaning Property damage Water Rates

Order

Ronald Lima and Denizi Saibro De Oliveira to pay [The landlord/s] $3,745.15 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $5,600.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $3,745.15 Ronald Lima and Denizi Saibro De Oliveira: $1,854.85

Reasons

Both parties attended this video hearing.
The landlord has applied for compensation and refund of the bond following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 13 February 2024. The tenant agreed that there are water rates arrears of $1,095.15.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that the gardens were not left reasonably tidy and has provided an invoice for $874.00. No supporting evidence was provided by the landlord. The burden of proving the claim is with the landlord. I am not satisfied that the landlord has proven that it is more likely than not, that the gardens were not left in a reasonably tidy state.
The landlord says that the carpets had to be cleaned. The landlord says that this was required to remove the odour of dog urine. The tenant kept 2 small dogs and at some stage during the tenancy one of the dogs had a litter of puppies (although they did not remain at the premises on a permanent basis).
I accept that carpet cleaning was required. The invoice for cleaning refers to the areas of the premises that were cleaned. The tenant said that the dogs were not allowed into the upstairs area of the house. I accept that this is correct and that the carpet cleaning may have covered an area where cleaning was not required. I consider that a reasonable amount for cleaning the necessary areas is $700.00.
The amounts ordered are proven.

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. The landlord is insured. The policy of insurance carries an excess of $1,000.00 on each and every claim.
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: Damage to walls. Photos of the damage were provided by the landlord and an invoice for $517.50 for the repairs. Damage to doors. Ten doors were damaged. The landlord provided photos of the damage an invoice for $1,840.00 for repairs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. 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. The house was newly painted at the commencement of the tenancy. The reduction made by me for betterment and depreciation is minor as a result. The tenant is ordered to pay $450.00 for the wall repairs and $1,500.00 for repairs to the doors.
The landlord applied for name suppression. The landlord has been substantially successful in this matter and suppression of the landlord name only is ordered.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4900595 — net $3,745.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$1,095.15	2024. The tenant agreed that there are water rates arrears of $1,095.15.
Repairs: Walls	$450.00	betterment and depreciation is minor as a result. The tenant is ordered to pay $450.00 for the wall repairs and $1,500.00 for repairs to the doors.
Repairs: Doors	$1,500.00	inor as a result. The tenant is ordered to pay $450.00 for the wall repairs and $1,500.00 for repairs to the doors.
Carpet Cleaning	$700.00	Carpet Cleaning
Net award	$3,745.15
Bond	$5,600.00
Total payable by Tenant to Landlord	$3,745.15

Claims and awards for application 4900595 — net $3,745.15 NZD. Verify on MoJ.

Water rates

Amount: $1,095.15
Awarded to: Landlord
Reason: 2024. The tenant agreed that there are water rates arrears of $1,095.15.

Repairs: Walls

Amount: $450.00
Awarded to: Landlord
Reason: betterment and depreciation is minor as a result. The tenant is ordered to pay $450.00 for the wall repairs and $1,500.00 for repairs to the doors.

Repairs: Doors

Amount: $1,500.00
Awarded to: Landlord
Reason: inor as a result. The tenant is ordered to pay $450.00 for the wall repairs and $1,500.00 for repairs to the doors.

Carpet Cleaning

Amount: $700.00
Awarded to: Landlord
Reason: Carpet Cleaning

Net award

Landlord $3,745.15

Bond

Claim types — money lines allowed on this order

Carpet Cleaning Property damage Water Rates

Order

Ronald Lima and Denizi Saibro De Oliveira to pay [The landlord/s] $3,745.15 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $5,600.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $3,745.15 Ronald Lima and Denizi Saibro De Oliveira: $1,854.85

Reasons

Both parties attended this video hearing.
The landlord has applied for compensation and refund of the bond following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 13 February 2024. The tenant agreed that there are water rates arrears of $1,095.15.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that the gardens were not left reasonably tidy and has provided an invoice for $874.00. No supporting evidence was provided by the landlord. The burden of proving the claim is with the landlord. I am not satisfied that the landlord has proven that it is more likely than not, that the gardens were not left in a reasonably tidy state.
The landlord says that the carpets had to be cleaned. The landlord says that this was required to remove the odour of dog urine. The tenant kept 2 small dogs and at some stage during the tenancy one of the dogs had a litter of puppies (although they did not remain at the premises on a permanent basis).
I accept that carpet cleaning was required. The invoice for cleaning refers to the areas of the premises that were cleaned. The tenant said that the dogs were not allowed into the upstairs area of the house. I accept that this is correct and that the carpet cleaning may have covered an area where cleaning was not required. I consider that a reasonable amount for cleaning the necessary areas is $700.00.
The amounts ordered are proven.

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. The landlord is insured. The policy of insurance carries an excess of $1,000.00 on each and every claim.
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: Damage to walls. Photos of the damage were provided by the landlord and an invoice for $517.50 for the repairs. Damage to doors. Ten doors were damaged. The landlord provided photos of the damage an invoice for $1,840.00 for repairs. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. 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. The house was newly painted at the commencement of the tenancy. The reduction made by me for betterment and depreciation is minor as a result. The tenant is ordered to pay $450.00 for the wall repairs and $1,500.00 for repairs to the doors.
The landlord applied for name suppression. The landlord has been substantially successful in this matter and suppression of the landlord name only is ordered.

Tenancy Tribunal case 4900595 — Property damage at 43 Shuttleworth Place, Manly, Whangaparaoa 0930

At a glance

Tenancy Tribunal case 4900595 — Property damage at 43 Shuttleworth Place, Manly, Whangaparaoa 0930

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for 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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions