What was the outcome of Tenancy Tribunal case 4975654?

The tribunal order states: Reyne Love must pay Homely Property Management Limited $2,547.75

How much money was awarded in case 4975654?

Cleaning: $390.00 awarded to landlord; Cleaning: $718.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $1,012.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Walls Bedroom 3 And Bathroom: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4975654?

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

Where can I read the official tribunal order for case 4975654?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11084006-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4975654?

The tribunal order states: Reyne Love must pay Homely Property Management Limited $2,547.75

How much money was awarded in case 4975654?

Cleaning: $390.00 awarded to landlord; Cleaning: $718.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $1,012.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Walls Bedroom 3 And Bathroom: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4975654?

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

Where can I read the official tribunal order for case 4975654?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11084006-Tenancy_Tribunal_Order.pdf.

17 Grey Street, Feilding, Feilding 4702 Tenancy Tribunal Case 4975654 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4975654 — net $2,547.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$390.00	Carpet Cleaning
Cleaning	$718.75	Cleaning
Lawns and Garden work	$1,012.00	Lawns and Garden work
Repairs: walls bedroom 3 and bathroom	$2,000.00	Repairs: walls bedroom 3 and bathroom
carpet replacement	$1,000.00	carpet replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,547.75
Total payable by Tenant to Landlord	$2,547.75

Both parties attended the hearing.

The landlord has applied for compensation, refund of the bond, 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 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 lawns and gardens were not maintained. Photographs were provided of this and an invoice.

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- carpet and wall damage.

The Landlord submitted the carpet was over ten years old. They tried to clean the urine stains and food stains from the carpet but the stench still remained. The Landlord requested to replace the entire carpet. The outgoing inspection report showed multiple damage to the walls and carpet of bedroom 3 and the walls from ink on the bathroom wall. The other carpet damage and wall damage in the exit inspection report was not enough to justify the claim re-carpeting and repairing the entire walls.

Given the carpet was over 10 years old and has depreciated significantly and the wall damage evidence was only in two rooms of the house, I have only awarded a portion of the claims. There needed to be evidence that the carpet needed to be replaced because the damage was excessive everywhere. This also pertains to the walls. I did not have this evidence. Given the amounts the Landlord is requesting is significant, I find the amount sought should be reduced.

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.

As the Landlord has been substantially successful, the Tenant shall reimburse the Landlord the filing fee.

Claims and awards in Tenancy Tribunal application 4975654 — net $2,547.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$390.00	Carpet Cleaning
Cleaning	$718.75	Cleaning
Lawns and Garden work	$1,012.00	Lawns and Garden work
Repairs: walls bedroom 3 and bathroom	$2,000.00	Repairs: walls bedroom 3 and bathroom
carpet replacement	$1,000.00	carpet replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,547.75
Total payable by Tenant to Landlord	$2,547.75

Order

Reyne Love must pay Homely Property Management Limited $2,547.75 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (6506634-001) to Homely Property Management Limited immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, 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 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 lawns and gardens were not maintained. Photographs were provided of this and an invoice.
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- carpet and wall damage.
The Landlord submitted the carpet was over ten years old. They tried to clean the urine stains and food stains from the carpet but the stench still remained. The Landlord requested to replace the entire carpet. The outgoing inspection report showed multiple damage to the walls and carpet of bedroom 3 and the walls from ink on the bathroom wall. The other carpet damage and wall damage in the exit inspection report was not enough to justify the claim re-carpeting and repairing the entire walls.
Given the carpet was over 10 years old and has depreciated significantly and the wall damage evidence was only in two rooms of the house, I have only awarded a portion of the claims. There needed to be evidence that the carpet needed to be replaced because the damage was excessive everywhere. This also pertains to the walls. I did not have this evidence. Given the amounts the Landlord is requesting is significant, I find the amount sought should be reduced.
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.
As the Landlord has been substantially successful, the Tenant shall reimburse the Landlord the filing fee.

Tenancy Tribunal case 4975654 — Property damage at 17 Grey Street, Feilding, Feilding 4702

At a glance

Tenancy Tribunal case 4975654 — Property damage at 17 Grey Street, Feilding, Feilding 4702

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