What was Tenancy Tribunal case 5021217 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 5021217?

Cleaning: $373.75 awarded to landlord; Cleaning: $650.00 awarded to landlord; Curtains: $246.08 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Kitchen Vinyl: $150.00 awarded to landlord; Property Damage: $1,483.74 awarded to landlord; Property Damage: $828.00 awarded to landlord; Rent Arrears: $98.57 awarded to landlord; holes, doorstops, rehang doors, refi…: $569.25 awarded to landlord; Rubbish Removal: $684.25 awarded to landlord

What type of tenancy dispute was case 5021217?

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

Where can I read the official tribunal order for case 5021217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11585333-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5021217 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 5021217?

Cleaning: $373.75 awarded to landlord; Cleaning: $650.00 awarded to landlord; Curtains: $246.08 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Kitchen Vinyl: $150.00 awarded to landlord; Property Damage: $1,483.74 awarded to landlord; Property Damage: $828.00 awarded to landlord; Rent Arrears: $98.57 awarded to landlord; holes, doorstops, rehang doors, refi…: $569.25 awarded to landlord; Rubbish Removal: $684.25 awarded to landlord

What type of tenancy dispute was case 5021217?

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

Where can I read the official tribunal order for case 5021217?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11585333-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5021217 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5021217 — net $5,110.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 July 2024	$98.57	Rent arrears to 31 July 2024
Carpet Cleaning	$373.75	Carpet Cleaning
Cleaning	$650.00	Cleaning
Rubbish removal	$684.25	Rubbish removal
Repairs: holes, doorstops, rehang doors, refix curtain rails, install door frame, replace door	$569.25	Repairs: holes, doorstops, rehang doors, refix curtain rails, install door frame, replace door
Vinyl repairs	$150.00	Vinyl repairs
Window repairs	$1,483.74	Window repairs
Gate repairs/replacement	$828.00	Gate repairs/replacement
Curtains	$246.08	Curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,110.64
Total payable by Tenant to Landlord	$5,110.64

The landlord attended the hearing which was held by telephone. The tenant was called on the telephone number that was stated in the application. The landlord confirmed this was the number the tenant had last provided to the landlord. The number has since been allocated to someone else.

I am satisfied the tenant has been properly served notice of this hearing and the landlord’s application (refer the earlier decision on service dated 20 December 2024).

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenancy commenced on 30 August 2023 and ended on 31 July 2024 as a result of the tenant giving the landlord notice. The tenancy is a three bedroomed house with a garage. Weekly rent was $690.00.

How much is owed for rent?

The landlord provided rent records which were incorrect as the rent was showing as commencing for the period starting on 24 August 2023. The tenancy started on 30 August 2023 and the landlord wrongly showed the first rent period as starting on the date the tenant first paid rent.

The tenancy agreement shows that $20.00 a rent is to be paid for water. The landlord has included the water payments in the rent summary. The rent summary is therefore also not correct for this reason.

I find total rent due for the tenancy (30 August 2023 to 31 July 2024) is $33,218.57, being 48 weeks and 1 day at $690.00 a week.

I find the tenant has paid $33,120.00 in rent during the tenancy. I calculate this amount by taking the total rent paid shown on the rent summary ($34,040.00) less 46 payments of $20.00 for water ($920.00). Accordingly I find the total amount owed for rent is $98.57.

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, and did not remove all rubbish. The landlord’s evidence stablished that significant cleaning, including carpet cleaning, was required. The tenant left rubbish in the shed and an old fridge freezer of little value in the garage.

The tenant did not return the keys to the garage.

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: •a wall in the laundry wall was damaged, •holes had been caused by door handles as the doorstops had been removed, •doors were removed and hung in other doorways; the door frame between the kitchen and dining room had been removed; a door was missing •curtain rails required refixing; the dining room curtains were missing and three sets of net curtains needed to be replaced •vinyl flooring had been patched with mismatching vinyl •3 windows and glass in the garage door were broken; the handle on a window was broken off •the driveway gates were missing and the fence/side gate was missing.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I am satisfied that the damage listed above was either intentionally or carelessly caused by the tenant or someone at the premises with her permission.

The amounts ordered are proved.

In relation to the curtains, have taken into account betterment and depreciation. The curtains, including net curtains, were new at the start of the tenancy. 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.

I have depreciated the cost of the replacement curtains by 12.5%, and the net by 33% as I am satisfied that curtains of this type have a life span of around 8 years and 3 years respectively in a rental property. I am satisfied the curtains were new at the start of the tenancy. The Bond

The tenant made an application to the Bond Centre for payment of the bond under s22A of the RTA. The Bond Centre notified the landlord of the application and invited them to contest the payment of the bond to the tenant. The landlord did not respond and the bond was paid to the tenant. Consequently I cannot award payment of the bond to the landlord. Other Orders

As the landlord has succeeded with the claim I must reimburse the filing fee.

The landlord seeks suppression of their names and the address of the tenancy premises. As they have been successful in their claim this is granted.

Claims and awards in Tenancy Tribunal application 5021217 — net $5,110.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 31 July 2024	$98.57	Rent arrears to 31 July 2024
Carpet Cleaning	$373.75	Carpet Cleaning
Cleaning	$650.00	Cleaning
Rubbish removal	$684.25	Rubbish removal
Repairs: holes, doorstops, rehang doors, refix curtain rails, install door frame, replace door	$569.25	Repairs: holes, doorstops, rehang doors, refix curtain rails, install door frame, replace door
Vinyl repairs	$150.00	Vinyl repairs
Window repairs	$1,483.74	Window repairs
Gate repairs/replacement	$828.00	Gate repairs/replacement
Curtains	$246.08	Curtains
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,110.64
Total payable by Tenant to Landlord	$5,110.64

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Lakisha Shontay Batters must pay [The landlord/s] $5,110.64 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by telephone. The tenant was called on the telephone number that was stated in the application. The landlord confirmed this was the number the tenant had last provided to the landlord. The number has since been allocated to someone else.
I am satisfied the tenant has been properly served notice of this hearing and the landlord’s application (refer the earlier decision on service dated 20 December 2024).
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy commenced on 30 August 2023 and ended on 31 July 2024 as a result of the tenant giving the landlord notice. The tenancy is a three bedroomed house with a garage. Weekly rent was $690.00.

How much is owed for rent?

The landlord provided rent records which were incorrect as the rent was showing as commencing for the period starting on 24 August 2023. The tenancy started on 30 August 2023 and the landlord wrongly showed the first rent period as starting on the date the tenant first paid rent.
The tenancy agreement shows that $20.00 a rent is to be paid for water. The landlord has included the water payments in the rent summary. The rent summary is therefore also not correct for this reason.
I find total rent due for the tenancy (30 August 2023 to 31 July 2024) is $33,218.57, being 48 weeks and 1 day at $690.00 a week.
I find the tenant has paid $33,120.00 in rent during the tenancy. I calculate this amount by taking the total rent paid shown on the rent summary ($34,040.00) less 46 payments of $20.00 for water ($920.00). Accordingly I find the total amount owed for rent is $98.57.

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, and did not remove all rubbish. The landlord’s evidence stablished that significant cleaning, including carpet cleaning, was required. The tenant left rubbish in the shed and an old fridge freezer of little value in the garage.
The tenant did not return the keys to the garage.
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: •a wall in the laundry wall was damaged, •holes had been caused by door handles as the doorstops had been removed, •doors were removed and hung in other doorways; the door frame between the kitchen and dining room had been removed; a door was missing •curtain rails required refixing; the dining room curtains were missing and three sets of net curtains needed to be replaced •vinyl flooring had been patched with mismatching vinyl •3 windows and glass in the garage door were broken; the handle on a window was broken off •the driveway gates were missing and the fence/side gate was missing.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I am satisfied that the damage listed above was either intentionally or carelessly caused by the tenant or someone at the premises with her permission.
The amounts ordered are proved.
In relation to the curtains, have taken into account betterment and depreciation. The curtains, including net curtains, were new at the start of the tenancy. 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.
I have depreciated the cost of the replacement curtains by 12.5%, and the net by 33% as I am satisfied that curtains of this type have a life span of around 8 years and 3 years respectively in a rental property. I am satisfied the curtains were new at the start of the tenancy. The Bond
The tenant made an application to the Bond Centre for payment of the bond under s22A of the RTA. The Bond Centre notified the landlord of the application and invited them to contest the payment of the bond to the tenant. The landlord did not respond and the bond was paid to the tenant. Consequently I cannot award payment of the bond to the landlord. Other Orders
As the landlord has succeeded with the claim I must reimburse the filing fee.
The landlord seeks suppression of their names and the address of the tenancy premises. As they have been successful in their claim this is granted.

Tenancy Tribunal case 5021217 — Property damage

At a glance

Tenancy Tribunal case 5021217 — Property damage

At a glance

Award balance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions