What was the outcome of Tenancy Tribunal case 4954694?

The tribunal order states: The requirement for service is dispensed with. I directed the hearing proceed as

How much money was awarded in case 4954694?

Cleaning: $483.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; 2 Broken Windows: $529.00 awarded to landlord; Door Panel Glass: $325.91 awarded to landlord; Hallway And Bedroom Walls: $862.50 awarded to landlord; Replace furnishings: Curtains and bl…: $287.50 awarded to landlord; Property Damage: $3,350.01 awarded to landlord; Rubbish Removal: $885.00 awarded to landlord; Water Rates: $797.20 awarded to landlord

What type of tenancy dispute was case 4954694?

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

Where can I read the official tribunal order for case 4954694?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11115116-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4954694?

The tribunal order states: The requirement for service is dispensed with. I directed the hearing proceed as

How much money was awarded in case 4954694?

Cleaning: $483.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; 2 Broken Windows: $529.00 awarded to landlord; Door Panel Glass: $325.91 awarded to landlord; Hallway And Bedroom Walls: $862.50 awarded to landlord; Replace furnishings: Curtains and bl…: $287.50 awarded to landlord; Property Damage: $3,350.01 awarded to landlord; Rubbish Removal: $885.00 awarded to landlord; Water Rates: $797.20 awarded to landlord

What type of tenancy dispute was case 4954694?

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

Where can I read the official tribunal order for case 4954694?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11115116-Tenancy_Tribunal_Order.pdf.

38 Burundi Avenue, Clendon Park, Auckland 2103 Tenancy Tribunal Case 4954694 — Property damage

Claims and awards in Tenancy Tribunal application 4954694 — net $7,547.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates (June 2023 to January 2024	$797.20	Water rates (June 2023 to January 2024
Replace furnishings: Replacement of carpet	$3,350.01	Replace furnishings: Replacement of carpet
Replace furnishings: Curtains and blinds	$287.50	Replace furnishings: Curtains and blinds
Repairs: Hallway and bedroom walls	$862.50	Repairs: Hallway and bedroom walls
Repairs: Door panel glass	$325.91	Repairs: Door panel glass
Repairs: 2 broken windows	$529.00	Repairs: 2 broken windows
Cleaning	$483.00	Cleaning
Rubbish removal	$885.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,547.12
Total payable by Tenant to Landlord	$7,547.12

Order

The requirement for service is dispensed with. I directed the hearing proceed as if the notice or other documents had been served on the tenant in accordance with the Residential Tenancies Act 1986 (RTA).
Terina Reneti must pay New Age Rentals Limited Acting Agent For Mony Chem $7,547.12 immediately, calculated as shown in table below.
New Age Rentals Limited Acting Agent For Mony Chem must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. Service of notice of hearing on tenant
The tenancy ended on 13 February 2024. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 20 August 2024.
Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”
The landlord gave evidence that: a. The landlord says it has also tried to locate the tenant for the past 9 months and has been unable to do so; b. The landlord has no idea where the tenant now lives or works; c. The landlord has had no response from the tenant when it has emailed her numerous times to the email address for service provided on the tenancy agreement. The last email response the landlord has had from the tenant was 10 May 2024; d. The landlord has tried to contact the tenant’s sister, who is listed on the tenancy agreement as her emergency contact and has had no response; e. The tenant has not provided the landlord with a solicitor or other agent of the tenant that she has duly authorised to receive service on her behalf; f. Tenancy Services sent the tenant an email on 05 September 2024 which contained a confirmation of address form and the offer of attending mediation to settle the matter. She has not responded. The landlord provided the email address to Tenancy Services that it communicated with her on during the tenancy. It is unaware of whether this email address is current.
I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA.

How much is owed for water rates?

The tenancy ended on 13 February 2024. The landlord provided and water rates invoices for the period June 2023 to January 2024 which proves the amount owing at 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 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 did not return the keys. She emailed the landlord on 16 February 2024 saying her baby had lost 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 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.
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 tenant kept a dog at the rental premise that was not permitted under the tenancy agreement and for which no consent was requested by the tenant or given by the landlord. The landlord says the dog cause significant damage to the premise.
The landlord has produced evidence to prove on balance that the following damage was caused during the tenancy by the tenant’s careless acts and/or omissions: a. The carpet and underlay was so damaged from the dog it had to be replaced. The dog smell and staining could not be removed by professional cleaning and the landlord had been unable to re-rent the property due to the state of the carpet; b. The curtains and blinds were so damaged they had to be replaced; c. The walls in the hallway and lounge were damaged and needed repair and repainting; d. There were 2 windows with broken glass that required replacement; and e. The door panel glass was broken and required repair.
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 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.
The landlord has confirmed that this damage is not covered by the owner’s insurance. Reimbursement of filing fee
Because New Age Rentals Limited Acting Agent For Mony Chem has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4954694 — net $7,547.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates (June 2023 to January 2024	$797.20	Water rates (June 2023 to January 2024
Replace furnishings: Replacement of carpet	$3,350.01	Replace furnishings: Replacement of carpet
Replace furnishings: Curtains and blinds	$287.50	Replace furnishings: Curtains and blinds
Repairs: Hallway and bedroom walls	$862.50	Repairs: Hallway and bedroom walls
Repairs: Door panel glass	$325.91	Repairs: Door panel glass
Repairs: 2 broken windows	$529.00	Repairs: 2 broken windows
Cleaning	$483.00	Cleaning
Rubbish removal	$885.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,547.12
Total payable by Tenant to Landlord	$7,547.12

Order

The requirement for service is dispensed with. I directed the hearing proceed as if the notice or other documents had been served on the tenant in accordance with the Residential Tenancies Act 1986 (RTA).
Terina Reneti must pay New Age Rentals Limited Acting Agent For Mony Chem $7,547.12 immediately, calculated as shown in table below.
New Age Rentals Limited Acting Agent For Mony Chem must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. Service of notice of hearing on tenant
The tenancy ended on 13 February 2024. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 20 August 2024.
Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”
The landlord gave evidence that: a. The landlord says it has also tried to locate the tenant for the past 9 months and has been unable to do so; b. The landlord has no idea where the tenant now lives or works; c. The landlord has had no response from the tenant when it has emailed her numerous times to the email address for service provided on the tenancy agreement. The last email response the landlord has had from the tenant was 10 May 2024; d. The landlord has tried to contact the tenant’s sister, who is listed on the tenancy agreement as her emergency contact and has had no response; e. The tenant has not provided the landlord with a solicitor or other agent of the tenant that she has duly authorised to receive service on her behalf; f. Tenancy Services sent the tenant an email on 05 September 2024 which contained a confirmation of address form and the offer of attending mediation to settle the matter. She has not responded. The landlord provided the email address to Tenancy Services that it communicated with her on during the tenancy. It is unaware of whether this email address is current.
I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA.

How much is owed for water rates?

The tenancy ended on 13 February 2024. The landlord provided and water rates invoices for the period June 2023 to January 2024 which proves the amount owing at 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 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 did not return the keys. She emailed the landlord on 16 February 2024 saying her baby had lost 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 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.
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 tenant kept a dog at the rental premise that was not permitted under the tenancy agreement and for which no consent was requested by the tenant or given by the landlord. The landlord says the dog cause significant damage to the premise.
The landlord has produced evidence to prove on balance that the following damage was caused during the tenancy by the tenant’s careless acts and/or omissions: a. The carpet and underlay was so damaged from the dog it had to be replaced. The dog smell and staining could not be removed by professional cleaning and the landlord had been unable to re-rent the property due to the state of the carpet; b. The curtains and blinds were so damaged they had to be replaced; c. The walls in the hallway and lounge were damaged and needed repair and repainting; d. There were 2 windows with broken glass that required replacement; and e. The door panel glass was broken and required repair.
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 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.
The landlord has confirmed that this damage is not covered by the owner’s insurance. Reimbursement of filing fee
Because New Age Rentals Limited Acting Agent For Mony Chem has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4954694 — Property damage at 38 Burundi Avenue, Clendon Park, Auckland 2103

At a glance

Tenancy Tribunal case 4954694 — Property damage at 38 Burundi Avenue, Clendon Park, Auckland 2103

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

Property management

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

Property management

Frequently asked questions