What was the outcome of Tenancy Tribunal case 4967435?

The tribunal order states: Kun Kourn and Sarom Soth must pay Nzpro Property Management Limited as

How much money was awarded in case 4967435?

Cleaning: $241.50 awarded to landlord; Cleaning: $667.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $149.50 awarded to landlord; Property Damage: $1,100.00 awarded to landlord; Property Damage: $402.50 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord; Water Rates: $256.77 awarded to landlord

What type of tenancy dispute was case 4967435?

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

Where can I read the official tribunal order for case 4967435?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11232831-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4967435?

The tribunal order states: Kun Kourn and Sarom Soth must pay Nzpro Property Management Limited as

How much money was awarded in case 4967435?

Cleaning: $241.50 awarded to landlord; Cleaning: $667.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $149.50 awarded to landlord; Property Damage: $1,100.00 awarded to landlord; Property Damage: $402.50 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord; Water Rates: $256.77 awarded to landlord

What type of tenancy dispute was case 4967435?

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

Where can I read the official tribunal order for case 4967435?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11232831-Tenancy_Tribunal_Order.pdf.

2 Ulay Place, Clover Park, Auckland 2019 Tenancy Tribunal Case 4967435 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4967435 — net $3,144.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lawns and Garden work	$149.50	Lawns and Garden work
Carpet Cleaning	$241.50	Carpet Cleaning
Insurance excess for carpet	$1,100.00	Insurance excess for carpet
Lock/key replacement	$402.50	Lock/key replacement
Cleaning	$667.00	Cleaning
Rubbish removal	$300.00	Rubbish removal
Water rates	$256.77	Water rates
Net award	$3,144.27
Total payable by Tenant to Landlord	$3,144.27

Kun Kourn and Sarom Soth must pay Nzpro Property Management Limited as Agent for Somaly He $3,144.27 immediately, for vacated costs as calculated and shown in table below: DescriptionLandlord Filing fee reimbursement$27.00 Lawns and Garden work$149.50 Carpet Cleaning$241.50 Insurance excess for carpet$1,100.00 Lock/key replacement$402.50 Cleaning$667.00 Rubbish removal$300.00 Water rates$256.77 Total award$3,144.27 Total payable by Tenant to Landlord$3,144.27

Reasons

The landlord attended the hearing, the tenants did not attend.

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

The tenancy was terminated by the Tribunal on 21 July 2024, under previous order number 4900512.

How much is owed for water rates?

The tenancy ended on 21 July 2024. The landlord provided water rates invoices which prove the amount of $256.77 owing at the end of the tenancy.

I am satisfied that the landlord has proven their claim for water bills.

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.

The landlord has provided an entry and exit report and attached photographs, which show the property was not left reasonable clean and tidy. The lawns were overgrown, and there was rubbish and discarded possessions left inside and outside the property.

The carpet was heavily stained and badly burnt in the lounge and bedroom.

The landlord has provided invoices for work required to fix the property up to the standard it was at the start of the tenancy. The following invoices were provided: -Payless Carpet Cleaning dated 30 July 2024 for $241.50. -Payless Pest Control dated 29 July 2024 for $149.50 for lawn mowing. -Gao Homes Ltd dated 31 July 2024 for $1069.50 for cleaning and lock changes. -P W Kenney dated 1 August 2024 for $300 for rubbish removal.

I am satisfied that the landlord has proven their claims as set out above.

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 tenants caused significant carpet burns in the lounge and bedroom. The damage was caused during the tenancy. The carpets could not be repaired and so had to be replaced in these areas. The landlord has made an insurance claim for the damage.

The insurance company requires two lots of insurance excess payments to be made for this claim at $550.00 each claim. The tenants are to pay $1100.00 for two lots of insurance excess for damage to the lounge and bedroom carpet.

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 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 carpet was in good condition at the start of the tenancy. As the landlord is only seeking the excess payments, I do not need to consider depreciation.

I am satisfied that the tenants must pay the insurance excess for the burnt carpet.

Because Nzpro Property Management Limited as Agent for Somaly He has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4967435 — net $3,144.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lawns and Garden work	$149.50	Lawns and Garden work
Carpet Cleaning	$241.50	Carpet Cleaning
Insurance excess for carpet	$1,100.00	Insurance excess for carpet
Lock/key replacement	$402.50	Lock/key replacement
Cleaning	$667.00	Cleaning
Rubbish removal	$300.00	Rubbish removal
Water rates	$256.77	Water rates
Net award	$3,144.27
Total payable by Tenant to Landlord	$3,144.27

Order

Kun Kourn and Sarom Soth must pay Nzpro Property Management Limited as Agent for Somaly He $3,144.27 immediately, for vacated costs as calculated and shown in table below: DescriptionLandlord Filing fee reimbursement$27.00 Lawns and Garden work$149.50 Carpet Cleaning$241.50 Insurance excess for carpet$1,100.00 Lock/key replacement$402.50 Cleaning$667.00 Rubbish removal$300.00 Water rates$256.77 Total award$3,144.27 Total payable by Tenant to Landlord$3,144.27

Reasons

The landlord attended the hearing, the tenants did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy was terminated by the Tribunal on 21 July 2024, under previous order number 4900512.

How much is owed for water rates?

The tenancy ended on 21 July 2024. The landlord provided water rates invoices which prove the amount of $256.77 owing at the end of the tenancy.
I am satisfied that the landlord has proven their claim for water bills.

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.
The landlord has provided an entry and exit report and attached photographs, which show the property was not left reasonable clean and tidy. The lawns were overgrown, and there was rubbish and discarded possessions left inside and outside the property.
The carpet was heavily stained and badly burnt in the lounge and bedroom.
The landlord has provided invoices for work required to fix the property up to the standard it was at the start of the tenancy. The following invoices were provided: -Payless Carpet Cleaning dated 30 July 2024 for $241.50. -Payless Pest Control dated 29 July 2024 for $149.50 for lawn mowing. -Gao Homes Ltd dated 31 July 2024 for $1069.50 for cleaning and lock changes. -P W Kenney dated 1 August 2024 for $300 for rubbish removal.
I am satisfied that the landlord has proven their claims as set out above.
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 tenants caused significant carpet burns in the lounge and bedroom. The damage was caused during the tenancy. The carpets could not be repaired and so had to be replaced in these areas. The landlord has made an insurance claim for the damage.
The insurance company requires two lots of insurance excess payments to be made for this claim at $550.00 each claim. The tenants are to pay $1100.00 for two lots of insurance excess for damage to the lounge and bedroom carpet.
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 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 carpet was in good condition at the start of the tenancy. As the landlord is only seeking the excess payments, I do not need to consider depreciation.
I am satisfied that the tenants must pay the insurance excess for the burnt carpet.
Because Nzpro Property Management Limited as Agent for Somaly He has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4967435 — Property damage at 2 Ulay Place, Clover Park, Auckland 2019

At a glance

Tenancy Tribunal case 4967435 — Property damage at 2 Ulay Place, Clover Park, Auckland 2019

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