What was Tenancy Tribunal case 4949014 about?

The tribunal order states: Etasa Semi Namusudroka and Salote Biumaiwai Namusudroka must pay [The

How much money was awarded in case 4949014?

Cleaning: $333.50 awarded to landlord; Cleaning: $490.00 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4832597 D…: $608.87 awarded to landlord; - Garage Door: $1,200.00 awarded to landlord; Bedroom door lock - labour and mater…: $56.66 awarded to landlord; Property Damage: $287.50 awarded to landlord; Exterior Paint Work: $345.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Property Damage: $126.25 awarded to landlord; Rubbish Removal: $311.54 awarded to landlord

What type of tenancy dispute was case 4949014?

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

Where can I read the official tribunal order for case 4949014?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11091682-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4949014 about?

The tribunal order states: Etasa Semi Namusudroka and Salote Biumaiwai Namusudroka must pay [The

How much money was awarded in case 4949014?

Cleaning: $333.50 awarded to landlord; Cleaning: $490.00 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4832597 D…: $608.87 awarded to landlord; - Garage Door: $1,200.00 awarded to landlord; Bedroom door lock - labour and mater…: $56.66 awarded to landlord; Property Damage: $287.50 awarded to landlord; Exterior Paint Work: $345.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Property Damage: $126.25 awarded to landlord; Rubbish Removal: $311.54 awarded to landlord

What type of tenancy dispute was case 4949014?

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

Where can I read the official tribunal order for case 4949014?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11091682-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4949014 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4949014 — net $4,096.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4832597 dated 23/07/2024	$608.87	Previous order application 4832597 dated 23/07/2024
Repairs: Exterior paint work	$345.00	Repairs: Exterior paint work
Rubbish removal: Labour and Council refuse station charge	$311.54	Rubbish removal: Labour and Council refuse station charge
Repairs: - Garage door	$1,200.00	Repairs: - Garage door
Repairs: Carpet patch repairs	$287.50	Repairs: Carpet patch repairs
Replace furnishings: Curtain replacement	$126.25	Replace furnishings: Curtain replacement
Cleaning	$490.00	Cleaning
Carpet Cleaning	$333.50	Carpet Cleaning
Cleaning: - gutters	$230.00	Cleaning: - gutters
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repairs: Bedroom door lock - labour and material	$56.66	Repairs: Bedroom door lock - labour and material
Repairs: Paint damaged wall	$80.00	Repairs: Paint damaged wall
Net award	$4,096.32
Total payable by Tenant to Landlord	$4,096.32

The landlord attended the hearing by video call.

The tenants were telephoned on the phone numbers provided but the phone calls went unanswered. Service

The tenancy ended on the 15 March 2024.

The current application was filed more than two months after the end of the tenancy, so the usual service rules no longer apply.

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. The application has not been served in accordance with these requirements.

There were previous proceedings in relation to this tenancy which were commenced on 11 March 2024. It appears that the previous application was amended and that the tenants were served with details of the claims on 3 May 2024 in the previous Tenancy Tribunal proceedings. The adjudicator did not determine the compensation claims at the hearing of that application as the compensation claims did not form part of the original application. However, I consider the tenant had sufficient notice of the claim on 3 May 2024.

The tenant attended the hearing in the previous proceedings on 23 July 2024 and notice of that hearing was sent by email. The Adjudicator would have confirmed the tenant’s email as an address for service of the order.

In these proceedings, the landlord advised that they cannot locate the tenants as the tenants did not provide a physical address for service at the end of the tenancy. I consider that the landlord has made all reasonable efforts to serve the tenants in accordance with the Act.

I am satisfied the tenant was served with notice of the application and hearing by email. I have treated the tenants as being served by email of the claim on 3 May 2024 in the previous proceedings and again on 10 September 2024 in these proceedings. See section 91B Residential Tenancies Act 1986.

The hearing proceeded in their absence.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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

The landlord’s evidence was that the carpet, windows, surfaces and the oven required cleaning. A significant amount of rubbish was left at the property, including rubbish and toys being placed in the gutters.

Rubbish removal and general cleaning was required.

The landlord provided inspection reports from the start and end of the tenancy, photographs and invoices to support the claim.

For rubbish removal I have ordered the labour and council refuse transfer station fee - $180 + $131.54 = $311.54.

For general cleaning I award $490.00. I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably tidy condition. The landlord advised that the property was cleaned to a level that it was able to be re- tenanted.

For carpet cleaning including stain removal I award the full amount claimed $333.50.

For clearing the gutter of rubbish and toys I award the full amount claimed of $230.00.

The amounts ordered are proved.

The landlord claimed the costs to change a bedroom door lock which I refer to below.

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: a. Exterior walls b. Garage Door c. Carpet damage d. Curtain damage e. Interior walls

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 address each claim in detail below. Exterior walls

The exterior walls had children’s drawing’s that could not be cleaned and required two coats of paint. I find that the damage to the wall was likely to have been intentional and award the full amount claimed to repair the damage of $345.00. Garage door

The garage door had dents in the bottom panels. The landlord advised the panels could not be replaced individually and the whole garage door had to be replaced. The total cost was $2,364.00. The landlord claimed the cost of the insurance excess of $1,200. I find the damage was likely caused by the careless act of the tenant and award the amount of the insurance excess of $1,200.00. Carpet damage

In one bedroom the carpet stains could not be removed. The landlord seeks $287.50 to patch repair the carpet. I find the damage was likely caused by the careless act of the tenant and award the amount claimed of $287.50. Curtain damage

A curtain was torn, the landlord suggested it was possibly cut, and another was stained.

I find the damage was likely caused by the careless act of the tenant. The claim was for $27.50 (curtain hooks and tracks) and $225.00 for curtains. The total claim was $252.50. The curtains were four years old. To allow for depreciation and fair wear and tear (50%) accepting the property was rented by the tenant with children I award $126.25. Interior walls

The interior walls had pen marks from what appeared to be children’s drawings, that could not be cleaned and needed to be painted over. I find that the damage to the wall was likely to be intentional and award the full amount claimed to repair the damage of $80.00. Bedroom door lock and shower head.

The landlord claimed labour of $60.00 to change a door lock and install a shower handle and materials of $53.32 (total claim $113.32).

The landlord provided a photograph of the shower head but not the particular damage to the piece that was damaged. There was no reference to the damage in the post tenancy inspection report. I therefore cannot be satisfied as to what damage had occurred or that it was more than fair wear and tear. I dismiss the claim with respect to the shower head repair.

The post inspection report confirms one bedroom door key was missing. I award half the claim to allow for the labour and lock replacement being $56.66. Betterment and depreciation

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. Previous order

On 23 July 2024 the Tribunal made an order relating to this tenancy, for rent arrears to the end of the tenancy and reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes. Filing fee

Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Suppression

The landlord sought suppression and as the application is successful, I have made an order accordingly.

Reasons

Claims and awards in Tenancy Tribunal application 4949014 — net $4,096.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4832597 dated 23/07/2024	$608.87	Previous order application 4832597 dated 23/07/2024
Repairs: Exterior paint work	$345.00	Repairs: Exterior paint work
Rubbish removal: Labour and Council refuse station charge	$311.54	Rubbish removal: Labour and Council refuse station charge
Repairs: - Garage door	$1,200.00	Repairs: - Garage door
Repairs: Carpet patch repairs	$287.50	Repairs: Carpet patch repairs
Replace furnishings: Curtain replacement	$126.25	Replace furnishings: Curtain replacement
Cleaning	$490.00	Cleaning
Carpet Cleaning	$333.50	Carpet Cleaning
Cleaning: - gutters	$230.00	Cleaning: - gutters
Filing fee reimbursement	$27.00	Filing fee reimbursement
Repairs: Bedroom door lock - labour and material	$56.66	Repairs: Bedroom door lock - labour and material
Repairs: Paint damaged wall	$80.00	Repairs: Paint damaged wall
Net award	$4,096.32
Total payable by Tenant to Landlord	$4,096.32

The landlord attended the hearing by video call.

The tenants were telephoned on the phone numbers provided but the phone calls went unanswered. Service

The tenancy ended on the 15 March 2024.

The current application was filed more than two months after the end of the tenancy, so the usual service rules no longer apply.

The hearing proceeded in their absence.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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

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

Rubbish removal and general cleaning was required.

The landlord provided inspection reports from the start and end of the tenancy, photographs and invoices to support the claim.

For rubbish removal I have ordered the labour and council refuse transfer station fee - $180 + $131.54 = $311.54.

For carpet cleaning including stain removal I award the full amount claimed $333.50.

For clearing the gutter of rubbish and toys I award the full amount claimed of $230.00.

The amounts ordered are proved.

The landlord claimed the costs to change a bedroom door lock which I refer to below.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: a. Exterior walls b. Garage Door c. Carpet damage d. Curtain damage e. Interior walls

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 address each claim in detail below. Exterior walls

A curtain was torn, the landlord suggested it was possibly cut, and another was stained.

The landlord claimed labour of $60.00 to change a door lock and install a shower handle and materials of $53.32 (total claim $113.32).

The post inspection report confirms one bedroom door key was missing. I award half the claim to allow for the labour and lock replacement being $56.66. Betterment and depreciation

Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Suppression

The landlord sought suppression and as the application is successful, I have made an order accordingly.

Tenancy Tribunal case 4949014 — Property damage

At a glance

Tenancy Tribunal case 4949014 — Property damage

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