What was Tenancy Tribunal case 4987889 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4987889?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4987889?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4987889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11122734-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4987889 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4987889?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4987889?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4987889?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11122734-Tribunal_Order_Redacted.pdf.

13 Bankwood Road, Chartwell, Hamilton 3210 Tenancy Tribunal Case 4987889 — Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name.
Sunny Keepa must pay [The landlord/s] $2,316.31 immediately, calculated as shown in table below.
The claim for the insurance excess for replacement of the carpet is dismissed.

Reasons

[The property manager] attended the hearing for the landlord. The tenant did not attend.
The tenancy was managed by a different property manager at the start of the tenancy. The landlord 1 says they began managing the tenancy sometime in early 2021.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The landlord made a one-party application to the Bond Centre and has already received the bond.

How much is owed for rent?

The tenancy ended on 13 August 2024 after the tenant gave notice terminating the tenancy. The landlord provided rent records 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy. The landlord claimed $545.00 for cleaning the premises including the windows. The landlord confirmed the cleaning contractor cleaned the inside of the windows. The photographs presented by the landlord supporting the cleaning costs show the premises after the cleaning was done and establish the outside of the windows were also cleaned.
The landlord is responsible for the cost of cleaning the exterior of windows except in circumstances where the tenants has caused the exterior to be dirty. There is no evidence that is the case here. When asked if the claimed amount for cleaning included the outside of the windows, the landlord said it did not and that they had separately been charged for that. Then the landlord said they (the property managers) had personally cleaned the outside of the windows at no cost to the owner.
I am not convinced the property managers cleaned the windows and find it more probable that the cleaning invoice included the cost of cleaning the 1 The current Property Manager only is named as the landlord in the application. The owner is not named in the application. outside of the windows. I find $75.00 is a reasonable amount for cleaning the outside of the windows and deduct from the amount claimed.
The carpets required cleaning and the curtains needed to be washed.
The tenant did not return 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 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:
Repairs to glass: One window was broken carelessly during the tenancy. The tenant asked the landlord to fix the window and confirmed she would pay the cost, however no payment has been received to date. A further fixed pane of glass was cracked before the end of the tenancy. I am satisfied the damage was not caused by fair wear and tear.
Dents, holes in walls: The landlord claims $747.50 for repairing walls and painting the repairs.
The pre-tenancy inspection completed by the previous landlord records damage to the walls in all three bedrooms. The landlord has provided photographs of damage it says was caused during the tenancy, and photographs it says show the damage has been repaired.
The evidence is not sufficiently clear to prove on the balance of probabilities that the damage claimed does not include the damage recorded in the pre- tenancy inspection. Also, the post repair photographs did not support that the remedial work the landlord says has been done has taken place or has been done to a reasonable standard.
I am satisfied that damage has occurred during the tenancy that is more than wear and tear and is in addition to the amount of damage recorded in the pre- tenancy inspection report. I am satisfied that an award for wall damage is warranted but do not find on the evidence presented that an award for more than $400.00 is just or proven.
Replacement of carpet: The landlord claims two insurance excesses ($550 x2) to replace the carpet. The landlord maintains oil marks and a burn mark were visible after the carpet was cleaned. The landlord confirmed at the hearing that the carpet was not replaced; no other evidence relating to loss has been provided by the landlord. The property has since been sold. Accordingly this claim is dismissed.
Filing Fee: As the landlord has mainly been success in its claim the filing fee is awarded (section 102(4) RTA).
Suppression: The landlord ahs applied to have its name suppressed. As the landlord has mainly been successful in its application the request is granted. (section 95A RTA).

Tenancy Tribunal case 4987889 — Rent arrears at 13 Bankwood Road, Chartwell, Hamilton 3210

Tenancy Tribunal case 4987889 — Rent arrears at 13 Bankwood Road, Chartwell, Hamilton 3210

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?