Published tribunal order
Tenancy Tribunal case 5024713 — Property damage
Decided 11 Apr 2025 · Published 11 Apr 2025 · Application 5024713
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- Ngakorowai Lovey Marleen Tihore and Rangitaiki Dawn Tihore-moke must pay the landlords $3,965.03 immediately, calculated as shown in table below. DescriptionLandlord Rubbish removal$1,569.00 Glass repair$579.00 Ranchslider repair and keys$172.00 Letterbox replacement$43.03 Lawns and lawn repair$200.00 Repairs to doors, powerpoint and door frame$100.00 Replace vanity and laundry cupboard incl labour$775.00 Flooring replacement excess Filing fee $500.00 $27.00 Total payable by Tenant to Landlord$3,965.03
Reasons
- Only the landlord attended the hearing. The tenants were phoned twice but calls went to voicemail and the call to Australia did not connect.
- The landlord has applied compensation 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)
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was a considerable amount of rubbish left at the property. The landlord provided receipts from a contractor for the rubbish removal.
- 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.
- The following damage was caused during the tenancy: The vinyl floor was left with holes in it; the ranchslider was damaged; glass was broken; lawns had holes in them (and were not mowed); the letterbox was broken; the bathroom vanity was broken as was the washtub in the laundry; some doors had holes in them; a powerpoint was damaged and a door frame needed repair. .
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has provided photos and receipts in evidence to prove the damage and loss.
- The property was insured. The floor compensation claim is reduced to the excess on the insurance.
- 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. In relation to the bathroom cabinet and laundry cabinet I have ordered 50% of the amount claimed to take account of betterment.
- The application was filed more than two months after the end of the tenancy. The landlord cannot locate the tenant, despite making all reasonable efforts to do so. I am satisfied that an order should be made. Filing Fee
- Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant. Suppression
- The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- The landlord has substantially succeeded with the claim and therefore name suppression is granted.