What was the outcome of Tenancy Tribunal case 5034148?

The tribunal order states: Therese Johnson must pay East Coast Realty Limited - As Agent For Cindy

How much money was awarded in case 5034148?

Filing Fee: $27.00 awarded to landlord; Repaint walls throughout the house w…: $4,155.23 awarded to landlord; Rubbish Removal: $324.65 awarded to landlord

What type of tenancy dispute was case 5034148?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5034148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11318575-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5034148?

The tribunal order states: Therese Johnson must pay East Coast Realty Limited - As Agent For Cindy

How much money was awarded in case 5034148?

Filing Fee: $27.00 awarded to landlord; Repaint walls throughout the house w…: $4,155.23 awarded to landlord; Rubbish Removal: $324.65 awarded to landlord

What type of tenancy dispute was case 5034148?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5034148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11318575-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 6, 36 Sievwright Lane, Whataupoko, Gisborne Tenancy Tribunal Case 5034148 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5034148 — net $4,506.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Additional cleaning and rubbish removal	$324.65	Additional cleaning and rubbish removal
Repairs: Repaint walls throughout the house where tenant has roughly painted	$4,155.23	Repairs: Repaint walls throughout the house where tenant has roughly painted
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,506.88
Total payable by Tenant to Landlord	$4,506.88

The landlord attended the hearing via telephone as it is not set up for video conferencing. The tenant did not appear at the scheduled hearing.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend. I have also tried to call the tenant on her mobile phone today and have left a voice message with instructions on how she can attend the hearing if she chooses. I have had no response from her.

The landlord has applied for 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) 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 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 tenant has tied to repaint the majority of the walls throughout the premise to cover damage done by her during the tenancy but the exit inspection photographs and report show this painting was very rough and does not look like the wall paint at the beginning of the tenancy. the tenancy: The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because East Coast Realty Limited - As Agent For Cindy Bain - Melrose Capital has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5034148 — net $4,506.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Additional cleaning and rubbish removal	$324.65	Additional cleaning and rubbish removal
Repairs: Repaint walls throughout the house where tenant has roughly painted	$4,155.23	Repairs: Repaint walls throughout the house where tenant has roughly painted
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,506.88
Total payable by Tenant to Landlord	$4,506.88

Order

Therese Johnson must pay East Coast Realty Limited - As Agent For Cindy Bain - Melrose Capital $4,506.88 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing via telephone as it is not set up for video conferencing. The tenant did not appear at the scheduled hearing.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend. I have also tried to call the tenant on her mobile phone today and have left a voice message with instructions on how she can attend the hearing if she chooses. I have had no response from her.
The landlord has applied for 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) 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 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 tenant has tied to repaint the majority of the walls throughout the premise to cover damage done by her during the tenancy but the exit inspection photographs and report show this painting was very rough and does not look like the wall paint at the beginning of the tenancy. the tenancy: The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee
Because East Coast Realty Limited - As Agent For Cindy Bain - Melrose Capital has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5034148 — Property damage at Unit/Flat Flat 6, 36 Sievwright Lane, Whataupoko, Gisborne

At a glance

Tenancy Tribunal case 5034148 — Property damage at Unit/Flat Flat 6, 36 Sievwright Lane, Whataupoko, Gisborne

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