What was Tenancy Tribunal case 5019708 about?

The tribunal order states: Jacob Purea must pay [The landlord/s] $686.35 immediately, calculated as

How much money was awarded in case 5019708?

Cleaning: $130.00 awarded to landlord; Cleaning: $120.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $90.00 awarded to landlord; Lightbulbs: $44.85 awarded to landlord; Property Damage: $185.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Walls and Doors: $997.50 awarded to landlord; Replace Missing Wall Heater: $230.00 awarded to landlord; Replace Wardrobe Door: $502.00 awarded to landlord; Rubbish Removal: $340.00 awarded to landlord

What type of tenancy dispute was case 5019708?

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

Where can I read the official tribunal order for case 5019708?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11246725-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5019708 about?

The tribunal order states: Jacob Purea must pay [The landlord/s] $686.35 immediately, calculated as

How much money was awarded in case 5019708?

Cleaning: $130.00 awarded to landlord; Cleaning: $120.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $90.00 awarded to landlord; Lightbulbs: $44.85 awarded to landlord; Property Damage: $185.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Walls and Doors: $997.50 awarded to landlord; Replace Missing Wall Heater: $230.00 awarded to landlord; Replace Wardrobe Door: $502.00 awarded to landlord; Rubbish Removal: $340.00 awarded to landlord

What type of tenancy dispute was case 5019708?

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

Where can I read the official tribunal order for case 5019708?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11246725-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5019708 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5019708 — net $686.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$130.00	Cleaning
Curtain Cleaning	$120.00	Curtain Cleaning
Rubbish removal	$340.00	Rubbish removal
Lawns and Garden work	$90.00	Lawns and Garden work
Lock/key replacement	$185.00	Lock/key replacement
Light bulbs	$44.85	Light bulbs
Replace wardrobe door	$502.00	Replace wardrobe door
Replace missing wall heater	$230.00	Replace missing wall heater
Window repairs back door	$300.00	Window repairs back door
Repairs: walls and doors	$997.50	Repairs: walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$686.35
Total payable by Tenant to Landlord	$686.35

[ Redacted] appeared for the landlord. There was no appearance by the tenant.

The tenancy commenced on 25 August 2020 and ended on 01 September 2024. The landlord’s claim was filed on 29 September 2024.

The landlord claims that: i. The tenant failed to leave the interior of the property reasonably clean ($130.00), ii. Failed to leave the curtains reasonably clean ($120.00), iii. Failed to leave the lawns reasonably tidy ($90.00), iv. Failed to remove all rubbish ($340.00), v. Failed to return the back door key ($185.00), vi. Failed to account for 13 missing light bulbs ($44.85), vii. Failed to account for a wall heater in the lounge ($230.00), viii. Is liable for a missing wardrobe door and damage to another in the same room ($552.00), ix. Is responsible for broken panes of glass in the back door ($300.00), x. Is responsible for damage to walls and doors throughout the property consisting of holes, dents, and tears to the wallpaper ($977.50).

The compensation sought is indicated in brackets next to each claim.

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”). Did the tenant comply with their obligations at the end of the tenancy – cleaning / curtain cleaning / lawns / removal of rubbish / keys.

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) of the Act.

The landlord has produced photographs showing the property at the commencement of the tenancy. The property was built in 1964 and retains its original fixtures and fittings. It has four bedrooms, an ensuite, a main bathroom, a separate toilet, kitchen, an open plan dining / lounge, a laundry, and a small garden shed.

The landlord has produced photographs showing the property at the end of the tenancy. I have been able to make a proper before and after comparison. It does not appear that any cleaning was conducted by the tenant before vacating. The backs of four pairs of curtains are soiled and stained. The tenant has left household rubbish, kitchen utensils, clothes, and furniture, including four mattresses. The lawn was left partly mown. The light bulbs are considered chattels. There are photographs showing 13 missing light bulbs. The keys to the back door provided at the commencement of the tenancy were not returned.

I am satisfied that the tenant has failed to: i. Leave the premises reasonably clean and tidy, ii. Leave the curtains in a reasonable condition, iii. Remove all rubbish, iv. Leave the lawns reasonably tidy. v. Return the keys, vi. Account for missing light bulbs.

The compensation claimed for cleaning the interior of the property, cleaning the curtains, mowing the lawn, replacing the missing lightbulbs, removing, and disposing of the rubbish, and replacing the back door lock is reasonable and awarded in full.

Is the tenant responsible for damage to the premises?

To succeed with a claim for damage the landlord must prove that damage 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 of the Act.

Fair wear and tear can be described as damage which might reasonably be expected to naturally occur over time, such as the deterioration or gradual wear occurring with everyday use. See Taylor v Webb [1937] 2KB 283 (CA).

Where the damage is careless, and occurs after 27 August 2019, section 49B of the Act 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) of the Act. The landlord has an excess of $500.00 per claim.

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) of the Act.

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.

In dealing with the issue of carelessness the question is whether the tenant was exercising a degree of care and attention that a reasonable and prudent tenant would exercise in the circumstances. The test is objective and not based on the subjective opinion of the tenant or landlord.

In awarding compensation for damage, the Tribunal must also consider 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, the Tribunal must consider the age and condition of the items concerned at the start of the tenancy and their likely useful lifespan. Panel heater

In 2021 the landlord installed a small wall mounted electric heater in the lounge to meet the Healthy Homes Standards. The landlord has produced a photograph of the heater taken shortly after installation, and another showing the heater missing at the end of the tenancy. I am satisfied that the tenant is liable for replacing the heater. Wardrobe doors.

Pre tenancy photographs show two wardrobes in the master bedroom, both with slatted doors. The doors are unique and of non-standard dimensions. The end of tenancy photographs show that one door is missing. The landlord states that the other door was damaged. Although it is not possible to determine the exact nature of the damage from the photographs, the landlord states that the slats were loose and required re-fixing.

While I am satisfied that the tenant is liable for the missing door, there is insufficient evidence to conclude that the tenant is liable for the other door. The doors are approximately sixty years old, and without a clearer photograph, I cannot rule out fair wear and tear. I therefore reduce the claim by $50.00 and award the landlord $502.00 to replace the missing door. Glass in back door

The back door has three glass panels. None of the panels are shown as damaged at the commencement of the tenancy. The end of tenancy photographs show that the two bottom panels are cracked. The windows are not smashed, and I have raised the issue of fair wear and tear. The landlord submits that the cracks are too large to be the result of fair wear and tear. I accept that submission. I am satisfied that the panes were damaged during the tenancy and that the damage is more than fair wear and tear. The panels were in good condition at the commencement of the tenancy, and no deduction is made for betterment. Walls and doors

The end of tenancy photographs show a large hole in the laundry wall, a large hole inside the wardrobe in one of the bedrooms, small holes in the walls of two other bedrooms, a damaged and partly repaired bedroom door , medium sized dents in two kitchen cupboard doors, two small dents in the lounge walls, and numerous wallpaper tears throughout the property.

Based on the evidence I am satisfied that this damage has occurred during the tenancy and is more than fair wear and tear.

Regarding the holes, and dents, only the damaged areas were repaired. The wallpaper was removed, and the affected walls painted. The landlord is not claiming the cost of repainting the entire wall. I am satisfied that there has been no betterment. The amount claimed is reasonable and awarded. Costs

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression.

The landlord seeks name suppression.

Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.

The landlord has been substantially successful in these proceedings and is granted name suppression.

Reasons

Claims and awards in Tenancy Tribunal application 5019708 — net $686.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$130.00	Cleaning
Curtain Cleaning	$120.00	Curtain Cleaning
Rubbish removal	$340.00	Rubbish removal
Lawns and Garden work	$90.00	Lawns and Garden work
Lock/key replacement	$185.00	Lock/key replacement
Light bulbs	$44.85	Light bulbs
Replace wardrobe door	$502.00	Replace wardrobe door
Replace missing wall heater	$230.00	Replace missing wall heater
Window repairs back door	$300.00	Window repairs back door
Repairs: walls and doors	$997.50	Repairs: walls and doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$686.35
Total payable by Tenant to Landlord	$686.35

[ Redacted] appeared for the landlord. There was no appearance by the tenant.

The tenancy commenced on 25 August 2020 and ended on 01 September 2024. The landlord’s claim was filed on 29 September 2024.

The compensation sought is indicated in brackets next to each claim.

Is the tenant responsible for damage to the premises?

Based on the evidence I am satisfied that this damage has occurred during the tenancy and is more than fair wear and tear.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression.

The landlord seeks name suppression.

The landlord has been substantially successful in these proceedings and is granted name suppression.

Tenancy Tribunal case 5019708 — Property damage

At a glance

Tenancy Tribunal case 5019708 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions