What was Tenancy Tribunal case 4961773 about?

The tribunal order states: Samantha Herewini must pay [The landlord/s] $10,511.24 immediately,

How much money was awarded in case 4961773?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Painting: $4,025.00 awarded to landlord; Door Knobs And Alarm: $575.00 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Rubbish Removal: $2,802.00 awarded to landlord; Water Rates: $357.24 awarded to landlord

What type of tenancy dispute was case 4961773?

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

Where can I read the official tribunal order for case 4961773?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11024224-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4961773 about?

The tribunal order states: Samantha Herewini must pay [The landlord/s] $10,511.24 immediately,

How much money was awarded in case 4961773?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Painting: $4,025.00 awarded to landlord; Door Knobs And Alarm: $575.00 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Rubbish Removal: $2,802.00 awarded to landlord; Water Rates: $357.24 awarded to landlord

What type of tenancy dispute was case 4961773?

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

Where can I read the official tribunal order for case 4961773?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11024224-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4961773 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4961773 — net $10,511.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$357.24	2. The landlord has applied for water rates arrears, compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy.
Cleaning	$1,000.00	Cleaning
Rubbish removal	$2,802.00	Rubbish removal
Repairs: Wall holes and damage	$1,725.00	Repairs: Wall holes and damage
Repairs: Door knobs and alarm	$575.00	Repairs: Door knobs and alarm
Painting	$4,025.00	Painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,511.24
Total payable by Tenant to Landlord	$10,511.24

The Landlord attended the hearing by telephone. The Tenant did not answer the telephone calls the Tribunal made on the phone number provided.

The landlord has applied for water rates arrears, compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates arrears?

The tenancy ended on 1 August 2024. The landlord provided water rates invoices which prove 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. Photographs were provided of the property at the end of the tenancy. There were substantial amounts of rubbish inside and outside of the property which included furniture, clothing and spoiled food. An invoice was provided for the removal of the rubbish.

The property then required cleaning. The amount claimed was $1625.00 before GST however the photographs filed at the end of the tenancy showed the interior with the Tenants belongings sprawled across the floor of the house and a lot of furniture left behind. It was difficult to assess from the photographs provided the amount of cleaning required after the rubbish was removed. An invoice was provided to substantiate the costs for cleaning.

I find the amount claimed excessive given the evidence provided and for this reason, will award $1000.00. I find this amount to be more appropriate given the size of the property.

The Landlord claimed for missing door handles for approximately seven doors inside the property. An invoice was provided for the missing door handles and an ingoing inspection report which indicated the doors were intact.

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 following damage was caused during the tenancy: excessive carpet stains throughout the property, wall holes and paint damage to the walls. The Landlord provided an ingoing inspection and outgoing inspection report which showed a substantial amount of wall holes in every room in the property. The landlord also showed wall damage where the Tenant attempted to repair wall holes and paint the walls. The damage was substantial. The Landlord provided an invoice for the repairs and painting of the walls. The amounts ordered are proved.

The Landlord also claimed for installing a security alarm which was damaged by the Tenant. An invoice was provided and an ingoing inspection report. The amounts ordered are proved.

The Landlord claimed for replacement of most of the carpet in the property and provided an invoice for this. There were photographs of the stairs carpet which was covered in heavy stains and some bedrooms with some staining on the carpet at the end of the tenancy. There was not sufficient evidence of all of the carpet stains in the house at the end of the tenancy because the photographs showed the property before the rubbish was removed. The rubbish covered the condition of the carpet so a proper assessment could not be made of the actual condition and why replacement was needed. There was also no proof of the Landlord attempting to clean the stains before resorting to a full replacement of the carpet.

For this reason, the claim for carpet replacement is dismissed.

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 Landlord claimed exemplary damages because the Tenant damaged the property which caused financial hardship for the Landlord. Whilst there is no doubt the level of damage was substantial, exemplary damages are only awarded for certain unlawful acts. The Tenant damaging the property is not an unlawful act for which exemplary damages can be awarded.

The claim is dismissed.

As [The applicant/s] has substantially succeeded with the claim the tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Reasons

Claims and awards in Tenancy Tribunal application 4961773 — net $10,511.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$357.24	2. The landlord has applied for water rates arrears, compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy.
Cleaning	$1,000.00	Cleaning
Rubbish removal	$2,802.00	Rubbish removal
Repairs: Wall holes and damage	$1,725.00	Repairs: Wall holes and damage
Repairs: Door knobs and alarm	$575.00	Repairs: Door knobs and alarm
Painting	$4,025.00	Painting
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$10,511.24
Total payable by Tenant to Landlord	$10,511.24

The Landlord attended the hearing by telephone. The Tenant did not answer the telephone calls the Tribunal made on the phone number provided.

The landlord has applied for water rates arrears, compensation, exemplary damages and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates arrears?

The tenancy ended on 1 August 2024. The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.

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

I find the amount claimed excessive given the evidence provided and for this reason, will award $1000.00. I find this amount to be more appropriate given the size of the property.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The Landlord also claimed for installing a security alarm which was damaged by the Tenant. An invoice was provided and an ingoing inspection report. The amounts ordered are proved.

For this reason, the claim for carpet replacement is dismissed.

The claim is dismissed.

As [The applicant/s] has substantially succeeded with the claim the tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 4961773 — Property damage

At a glance

Tenancy Tribunal case 4961773 — Property damage

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for water rates arrears?

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

Dismissed claims

Order

Reasons

How much is owed for water rates arrears?

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