What was Tenancy Tribunal case 4921521 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4921521?

Call Out Fee For Leak: $152.38 awarded to landlord; Cleaning: $642.15 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $20.96 awarded to landlord; Property Damage: $202.01 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $685.71 awarded to landlord; Rubbish Removal: $469.94 awarded to landlord; Walls and Doors: $483.18 awarded to landlord

What type of tenancy dispute was case 4921521?

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

Where can I read the official tribunal order for case 4921521?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11176992-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4921521 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4921521?

Call Out Fee For Leak: $152.38 awarded to landlord; Cleaning: $642.15 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $20.96 awarded to landlord; Property Damage: $202.01 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $685.71 awarded to landlord; Rubbish Removal: $469.94 awarded to landlord; Walls and Doors: $483.18 awarded to landlord

What type of tenancy dispute was case 4921521?

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

Where can I read the official tribunal order for case 4921521?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11176992-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4921521 — Property damage

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New Zealand Tenancy Tribunal Case 4921521 — 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 4921521 — net $3,126.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 3 April 2024 to 12 April 2024	$685.71	Rent arrears from 3 April 2024 to 12 April 2024
Cleaning	$642.15	Cleaning
Rubbish removal including tip fees and trailer hire	$469.94	Rubbish removal including tip fees and trailer hire
Lock/key replacement	$202.01	Lock/key replacement
Electrical fittings replacement/repair in lounge	$200.00	Electrical fittings replacement/repair in lounge
Replace damaged oven	$150.00	Replace damaged oven
Replace damaged garden shed	$100.00	Replace damaged garden shed
Painting damaged walls and doors	$483.18	Painting damaged walls and doors
Lawns and Garden work: Top soil and lawn seed to repair damaged lawn	$20.96	Lawns and Garden work: Top soil and lawn seed to repair damaged lawn
Call out fee for leak	$152.38	Call out fee for leak
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,126.77
Total payable by Tenant to Landlord	$3,126.77

Claims and awards for application 4921521 — net $3,126.77 NZD. Verify on MoJ.

Rent arrears from 3 April 2024 to 12 April 2024

Amount: $685.71
Awarded to: Landlord
Reason: Rent arrears from 3 April 2024 to 12 April 2024

Cleaning

Amount: $642.15
Awarded to: Landlord
Reason: Cleaning

Rubbish removal including tip fees and trailer hire

Amount: $469.94
Awarded to: Landlord
Reason: Rubbish removal including tip fees and trailer hire

Lock/key replacement

Amount: $202.01
Awarded to: Landlord
Reason: Lock/key replacement

Electrical fittings replacement/repair in lounge

Amount: $200.00
Awarded to: Landlord
Reason: Electrical fittings replacement/repair in lounge

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Darryl Wratt must pay [The landlord/s] $3,126.77 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing.
There was no appearance by the tenant.
Under application 4817877 the Tribunal terminated the tenancy with effect on 2 April 2024 and made an award of rent arrears and refund of the bond. The landlord reports that the tenant did not vacate the premises until 12 April 2024 and the landlord made this application for further arrears and compensation for cleaning and damages on 21 June 2024.
Because this application was filed more than 2 months after the end of the tenancy the usual service rules no longer applied. In particular, the landlord could no longer rely on the service address in the tenancy agreement or use the tenancy address as a service address. The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986 (RTA).
The landlord provided Tenancy Services with the address of the tenant’s mother as they believed the tenant was residing at that address. When the process server attempted service on the tenant at that address, the tenant’s mother advised him that the tenant was no longer living there, and she had no idea where he was living.
The landlord has requested that the Tribunal dispense with personal service. The request is granted on the basis that it is likely the tenant has received notice of the application and hearing at the email address he used during the tenancy.

How much is owed for rent?

The landlord provided rent records which prove the amount owing when the tenant vacated the premises on 12 April 2024.

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) RTA.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish as shown in the photos produced in evidence by the landlord.
The tenant did not return the keys.
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: scuff marks and stains to painted walls and doors that required cleaning and repainting; damaged light fixture in the lounge that had to be replaced; damaged oven and garden shed that required replacement; and damaged lawn which required re-sowing. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. In that regard the replacement costs of the oven and outdoor shed have been reduced for depreciation. I am satisfied that the painting costs incurred by the landlord are relatively low and reasonable as they used students to do the work. Therefore, it would not be fair to reduce the costs for depreciation further even though the landlord says the surfaces were last painted before this tenancy started. Similarly, I have not depreciated the costs of replacing the damaged lounge lamp as it was replaced with a very cheap light costing $50 plus the electrician’s labour which I consider is fair.
I am also satisfied on the evidence that the tenant reported a toilet leak during the tenancy stating that he was constantly cleaning up water on the bathroom floor. The landlord immediately sent a plumber to investigate the leak. He established that there was no leak after checking the toilet, bath and washing machine. The landlord seeks the call out fee from the tenant on the basis that there was no leak.
The amounts ordered are proved.
As the landlord has substantially succeeded with their claims, they are entitled to suppression of their name and identifying details as requested and reimbursement of the filing fee.

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 4921521 — net $3,126.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 3 April 2024 to 12 April 2024	$685.71	Rent arrears from 3 April 2024 to 12 April 2024
Cleaning	$642.15	Cleaning
Rubbish removal including tip fees and trailer hire	$469.94	Rubbish removal including tip fees and trailer hire
Lock/key replacement	$202.01	Lock/key replacement
Electrical fittings replacement/repair in lounge	$200.00	Electrical fittings replacement/repair in lounge
Replace damaged oven	$150.00	Replace damaged oven
Replace damaged garden shed	$100.00	Replace damaged garden shed
Painting damaged walls and doors	$483.18	Painting damaged walls and doors
Lawns and Garden work: Top soil and lawn seed to repair damaged lawn	$20.96	Lawns and Garden work: Top soil and lawn seed to repair damaged lawn
Call out fee for leak	$152.38	Call out fee for leak
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,126.77
Total payable by Tenant to Landlord	$3,126.77

Claims and awards for application 4921521 — net $3,126.77 NZD. Verify on MoJ.

Rent arrears from 3 April 2024 to 12 April 2024

Amount: $685.71
Awarded to: Landlord
Reason: Rent arrears from 3 April 2024 to 12 April 2024

Cleaning

Amount: $642.15
Awarded to: Landlord
Reason: Cleaning

Rubbish removal including tip fees and trailer hire

Amount: $469.94
Awarded to: Landlord
Reason: Rubbish removal including tip fees and trailer hire

Lock/key replacement

Amount: $202.01
Awarded to: Landlord
Reason: Lock/key replacement

Electrical fittings replacement/repair in lounge

Amount: $200.00
Awarded to: Landlord
Reason: Electrical fittings replacement/repair in lounge

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Property damage Rent arrears Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Darryl Wratt must pay [The landlord/s] $3,126.77 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing.
There was no appearance by the tenant.
Under application 4817877 the Tribunal terminated the tenancy with effect on 2 April 2024 and made an award of rent arrears and refund of the bond. The landlord reports that the tenant did not vacate the premises until 12 April 2024 and the landlord made this application for further arrears and compensation for cleaning and damages on 21 June 2024.
Because this application was filed more than 2 months after the end of the tenancy the usual service rules no longer applied. In particular, the landlord could no longer rely on the service address in the tenancy agreement or use the tenancy address as a service address. The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986 (RTA).
The landlord provided Tenancy Services with the address of the tenant’s mother as they believed the tenant was residing at that address. When the process server attempted service on the tenant at that address, the tenant’s mother advised him that the tenant was no longer living there, and she had no idea where he was living.
The landlord has requested that the Tribunal dispense with personal service. The request is granted on the basis that it is likely the tenant has received notice of the application and hearing at the email address he used during the tenancy.

How much is owed for rent?

The landlord provided rent records which prove the amount owing when the tenant vacated the premises on 12 April 2024.

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) RTA.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish as shown in the photos produced in evidence by the landlord.
The tenant did not return the keys.
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: scuff marks and stains to painted walls and doors that required cleaning and repainting; damaged light fixture in the lounge that had to be replaced; damaged oven and garden shed that required replacement; and damaged lawn which required re-sowing. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. In that regard the replacement costs of the oven and outdoor shed have been reduced for depreciation. I am satisfied that the painting costs incurred by the landlord are relatively low and reasonable as they used students to do the work. Therefore, it would not be fair to reduce the costs for depreciation further even though the landlord says the surfaces were last painted before this tenancy started. Similarly, I have not depreciated the costs of replacing the damaged lounge lamp as it was replaced with a very cheap light costing $50 plus the electrician’s labour which I consider is fair.
I am also satisfied on the evidence that the tenant reported a toilet leak during the tenancy stating that he was constantly cleaning up water on the bathroom floor. The landlord immediately sent a plumber to investigate the leak. He established that there was no leak after checking the toilet, bath and washing machine. The landlord seeks the call out fee from the tenant on the basis that there was no leak.
The amounts ordered are proved.
As the landlord has substantially succeeded with their claims, they are entitled to suppression of their name and identifying details as requested and reimbursement of the filing fee.

Tenancy Tribunal case 4921521 — Property damage

At a glance

Tenancy Tribunal case 4921521 — Property damage

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