What was the outcome of Tenancy Tribunal case 4938278?

The tribunal order states: Joshua McCulloch must pay Team Group Rentals Limited As Agent For The

How much money was awarded in case 4938278?

Cleaning: $251.39 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4880420 D…: $505.44 awarded to landlord; Property Damage: $292.00 awarded to landlord; Property Damage: $3,707.32 awarded to landlord; badly patched holes (20+) in sleepou…: $1,800.00 awarded to landlord; Plumbing: $529.00 awarded to landlord; Replace furnishings: 6 lights in sle…: $450.00 awarded to landlord; Replace Furnishings: Carpet Sleepout: $455.00 awarded to landlord; Replace furnishings: lights in sleep…: $104.15 awarded to landlord; Replace furnishings: vanity in sleep…: $911.63 awarded to landlord; Rubbish Removal: $484.15 awarded to landlord

What type of tenancy dispute was case 4938278?

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

Where can I read the official tribunal order for case 4938278?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10675621-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4938278?

The tribunal order states: Joshua McCulloch must pay Team Group Rentals Limited As Agent For The

How much money was awarded in case 4938278?

Cleaning: $251.39 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4880420 D…: $505.44 awarded to landlord; Property Damage: $292.00 awarded to landlord; Property Damage: $3,707.32 awarded to landlord; badly patched holes (20+) in sleepou…: $1,800.00 awarded to landlord; Plumbing: $529.00 awarded to landlord; Replace furnishings: 6 lights in sle…: $450.00 awarded to landlord; Replace Furnishings: Carpet Sleepout: $455.00 awarded to landlord; Replace furnishings: lights in sleep…: $104.15 awarded to landlord; Replace furnishings: vanity in sleep…: $911.63 awarded to landlord; Rubbish Removal: $484.15 awarded to landlord

What type of tenancy dispute was case 4938278?

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

Where can I read the official tribunal order for case 4938278?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10675621-Tenancy_Tribunal_Order.pdf.

188 Peka Peka Road, Peka Peka, RD 1, Waikanae 5391 Tenancy Tribunal Case 4938278 — Property damage

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188 Peka Peka Road, Peka Peka, RD 1, Waikanae 5391 Tenancy Tribunal Case 4938278 — 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 4938278 — net $9,517.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4880420 dated 24/05/2024	$505.44	Previous order application 4880420 dated 24/05/2024
Lock/key replacement	$292.00	Lock/key replacement
Rubbish removal	$484.15	Rubbish removal
Replace furnishings: carpet sleepout	$455.00	Replace furnishings: carpet sleepout
Carpet Cleaning	$251.39	Carpet Cleaning
Repairs: 4 doors and 1 sash from dog damage	$3,707.32	Repairs: 4 doors and 1 sash from dog damage
Repairs: badly patched holes (20+) in sleepout	$1,800.00	Repairs: badly patched holes (20+) in sleepout
Replace furnishings: lights in sleepout	$104.15	Replace furnishings: lights in sleepout
Replace furnishings: vanity in sleepout	$911.63	Replace furnishings: vanity in sleepout
Repairs: plumbing	$529.00	Repairs: plumbing
Filing fee reimbursement	$27.00	Filing fee reimbursement
Replace furnishings: 6 lights in sleepout and house	$450.00	Replace furnishings: 6 lights in sleepout and house
Net award	$9,517.08
Total payable by Tenant to Landlord	$9,517.08

Claims and awards for application 4938278 — net $9,517.08 NZD. Verify on MoJ.

Previous order application 4880420 dated 24/05/2024

Amount: $505.44
Awarded to: Landlord
Reason: Previous order application 4880420 dated 24/05/2024

Lock/key replacement

Amount: $292.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $484.15
Awarded to: Landlord
Reason: Rubbish removal

Replace furnishings: carpet sleepout

Amount: $455.00
Awarded to: Landlord
Reason: Replace furnishings: carpet sleepout

Carpet Cleaning

Amount: $251.39
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Joshua McCulloch must pay Team Group Rentals Limited As Agent For The Wilton Family Trust $9,517.08 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 24 May 2024 under application 4880420.

Reasons

The landlord attended the hearing represented by Ms O’Brien. Mr McCulloch had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
On 24 May 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 12 May and termination for abandonment. The previous order is incorporated into this order for enforcement purposes.

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 landlord has proven in evidence that the tenant did not remove all rubbish or return the keys, and he left the carpets in the house stained.
The amounts ordered are proven in evidence.

Is the tenant responsible for the damage to the premises?

The landlord has claimed compensation for extensive damage throughout the house and sleepout.
To be successful in a claim for damage the 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. The landlord’s insurance excess was $1,500 and the weekly rent $595.
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 landlord has proven that the following damage was caused during the tenancy and is more than fair wear and tear: i. The carpet in the sleepout had significant staining that could not be cleaned and as such had to be replaced. The stains are sufficiently significant that I consider them intentional damage. I have reduced the amount sought to account for depreciation. This is because the carpets were 8 to 10 years old which is the expected lifespan of carpets in residential tenancies. In doing so I have noted that they were in good condition at the commencement of the tenancy and the space has been unlawfully sub-let by Mr McCulloch. ii. Four doors and one sash window have been damaged by a dog chewing or scratching. A dog was not permitted by the tenancy agreement. Given the extent of the damage I am satisfied it was caused intentionally and the costs are reasonable in light of the damage. iii. In excess of 20 holes in the sleepout walls had been badly patched. These required sanding, filling and painting. This is intentional damage. I have reduced the amount claimed to reflect that some cracks were being patched and deprecation on the paintwork. iv. The vanity in the sleepout was badly burned and had to be replaced. This is intentional damage. v. The pipes were blocked up. The plumber’s evidence established that the blockages were due to at least a year’s worth of fat being poured down the drain. This is careless damage. vi. Several lights in the sleepout had been removed and a number removed or damaged in the house. This is intentional damage and careless damage with respect to the big light in the bedroom that appears to have been pulled.
The amounts ordered are proven in evidence and considered reasonable in light of the evidence.
I dismiss the claim for the replacement of the skylight. There is no evidence that the tenant was responsible for this damage. It is similar to another crack in another skylight and therefore, on the balance of probabilities, is more likely than not caused by the movement of the house.
Because Team Group Rentals Limited As Agent For The Wilton Family Trust has substantially succeeded with the claim I have reimbursed 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 4938278 — net $9,517.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4880420 dated 24/05/2024	$505.44	Previous order application 4880420 dated 24/05/2024
Lock/key replacement	$292.00	Lock/key replacement
Rubbish removal	$484.15	Rubbish removal
Replace furnishings: carpet sleepout	$455.00	Replace furnishings: carpet sleepout
Carpet Cleaning	$251.39	Carpet Cleaning
Repairs: 4 doors and 1 sash from dog damage	$3,707.32	Repairs: 4 doors and 1 sash from dog damage
Repairs: badly patched holes (20+) in sleepout	$1,800.00	Repairs: badly patched holes (20+) in sleepout
Replace furnishings: lights in sleepout	$104.15	Replace furnishings: lights in sleepout
Replace furnishings: vanity in sleepout	$911.63	Replace furnishings: vanity in sleepout
Repairs: plumbing	$529.00	Repairs: plumbing
Filing fee reimbursement	$27.00	Filing fee reimbursement
Replace furnishings: 6 lights in sleepout and house	$450.00	Replace furnishings: 6 lights in sleepout and house
Net award	$9,517.08
Total payable by Tenant to Landlord	$9,517.08

Claims and awards for application 4938278 — net $9,517.08 NZD. Verify on MoJ.

Previous order application 4880420 dated 24/05/2024

Amount: $505.44
Awarded to: Landlord
Reason: Previous order application 4880420 dated 24/05/2024

Lock/key replacement

Amount: $292.00
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $484.15
Awarded to: Landlord
Reason: Rubbish removal

Replace furnishings: carpet sleepout

Amount: $455.00
Awarded to: Landlord
Reason: Replace furnishings: carpet sleepout

Carpet Cleaning

Amount: $251.39
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Joshua McCulloch must pay Team Group Rentals Limited As Agent For The Wilton Family Trust $9,517.08 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 24 May 2024 under application 4880420.

Reasons

The landlord attended the hearing represented by Ms O’Brien. Mr McCulloch had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.
On 24 May 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 12 May and termination for abandonment. The previous order is incorporated into this order for enforcement purposes.

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 landlord has proven in evidence that the tenant did not remove all rubbish or return the keys, and he left the carpets in the house stained.
The amounts ordered are proven in evidence.

Is the tenant responsible for the damage to the premises?

The landlord has claimed compensation for extensive damage throughout the house and sleepout.
To be successful in a claim for damage the 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. The landlord’s insurance excess was $1,500 and the weekly rent $595.
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 landlord has proven that the following damage was caused during the tenancy and is more than fair wear and tear: i. The carpet in the sleepout had significant staining that could not be cleaned and as such had to be replaced. The stains are sufficiently significant that I consider them intentional damage. I have reduced the amount sought to account for depreciation. This is because the carpets were 8 to 10 years old which is the expected lifespan of carpets in residential tenancies. In doing so I have noted that they were in good condition at the commencement of the tenancy and the space has been unlawfully sub-let by Mr McCulloch. ii. Four doors and one sash window have been damaged by a dog chewing or scratching. A dog was not permitted by the tenancy agreement. Given the extent of the damage I am satisfied it was caused intentionally and the costs are reasonable in light of the damage. iii. In excess of 20 holes in the sleepout walls had been badly patched. These required sanding, filling and painting. This is intentional damage. I have reduced the amount claimed to reflect that some cracks were being patched and deprecation on the paintwork. iv. The vanity in the sleepout was badly burned and had to be replaced. This is intentional damage. v. The pipes were blocked up. The plumber’s evidence established that the blockages were due to at least a year’s worth of fat being poured down the drain. This is careless damage. vi. Several lights in the sleepout had been removed and a number removed or damaged in the house. This is intentional damage and careless damage with respect to the big light in the bedroom that appears to have been pulled.
The amounts ordered are proven in evidence and considered reasonable in light of the evidence.
I dismiss the claim for the replacement of the skylight. There is no evidence that the tenant was responsible for this damage. It is similar to another crack in another skylight and therefore, on the balance of probabilities, is more likely than not caused by the movement of the house.
Because Team Group Rentals Limited As Agent For The Wilton Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4938278 — Property damage at 188 Peka Peka Road, Peka Peka, RD 1, Waikanae 5391

At a glance

Tenancy Tribunal case 4938278 — Property damage at 188 Peka Peka Road, Peka Peka, RD 1, Waikanae 5391

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

Property management

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

Property management

Frequently asked questions