What was Tenancy Tribunal case 5089068 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 5089068?

Filing Fee: $27.00 awarded to landlord; Lost Rent: $6,500.00 awarded to landlord; Rent Arrears: $3,858.00 awarded to landlord; Rubbish Removal: $3,581.80 awarded to landlord; Water Rates: $307.22 awarded to landlord

What type of tenancy dispute was case 5089068?

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

Where can I read the official tribunal order for case 5089068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11754310-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5089068 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 5089068?

Filing Fee: $27.00 awarded to landlord; Lost Rent: $6,500.00 awarded to landlord; Rent Arrears: $3,858.00 awarded to landlord; Rubbish Removal: $3,581.80 awarded to landlord; Water Rates: $307.22 awarded to landlord

What type of tenancy dispute was case 5089068?

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

Where can I read the official tribunal order for case 5089068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11754310-Tribunal_Order_Redacted.pdf.

11 Beatrice Avenue, Hillcrest, Auckland 0627 Tenancy Tribunal Case 5089068 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5089068 — net $14,274.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 May 2024	$3,858.00	Rent arrears to 22 May 2024
Water rates	$307.22	Water rates
Cleaning and rubbish removal	$3,581.80	Cleaning and rubbish removal
Insurance excess for repairs and lost rent	$6,500.00	Insurance excess for repairs and lost rent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$14,274.02
Total payable by Tenant to Landlord	$14,274.02

The landlord attended the hearing. The tenant did not.

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

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

A tenant who remains in occupation of the premises after the tenancy has terminated remains liable to pay rent. 1

This tenancy ended on 8 May 2024 by order of the Tribunal. The landlord gave evidence that the tenant remained in occupation of the premises until 22 May 2024. I accept the landlord’s evidence on this point.

The landlord seeks rent arrears up to 22 May 2022 and submitted a rent summary up to this date. The landlord has already secured an order from the Tribunal for rent arrears up to 23 April 2024 for $15,072.00. This order is under arrangement. The landlord seeks an order for rent arrears from 24 April 2024 – 22 May 2024 for a total of $3,858.00. The rent summary produced by the landlord shows this amount as owing for this time period. 1 Residential Tenancies Act 1986, section 60(1).

The landlord’s claim for rent arrears is granted for $3,858.00.

WATER INVOICES

A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities. 2

The landlord submitted invoices from Watercare, which prove the tenant owed $307.22 in outstanding water rates at the end of the tenancy.

The landlord’s claim for outstanding water rates is granted for $307.22. CLEANING & RUBBISH REMOVAL

At the end of the tenancy, the tenant must leave the premises reasonably clean and tidy and remove all rubbish. 3

The landlord submitted photographs of the property taken at the end of the tenancy. There is rubbish, personal belongings and miscellaneous household items strewn throughout the property. It has clearly not been cleaned and there are marks, pet faeces and dirt on the floors. The inside and outside of the property are in a dirty and untidy condition.

On the basis of the photographs submitted by the landlord, I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord submitted an invoice for cleaning and rubbish removal totalling $3,3831.80. The landlord gave evidence that they were able to negotiate the invoice down to $3,581.80 and seek compensation for this amount.

Considering the state of uncleanliness the property was left in and the fact that the invoice includes collection and disposal of rubbish left inside the property, I find the total amount sought by the landlord to be fair and reasonable.

The landlord’s claim for compensation of $3,581.80 is granted in full. DAMAGE & LOST RENT

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 2 Residential Tenancies Act 1986, section 39(3). 3 Residential Tenancies Act 1986, section 40(1)(e)(iii). damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

The landlord claims the tenant is responsible for damaging the following areas: a. Carpet b. Laminated floor c. Garage ceiling d. Bedroom walls e. Glass in the external façade of the house f. Exterior wall g. Floor substrate h. Bathroom vanity i. Balcony sliding door j. Landscape fibre cement cladding k. Flashing cap around balcony glass

The landlord submitted an invoice for the repair work totalling $25,472.50.

The Landlord also claims that the property could not be re-tenanted until the repair work was completed. The landlord submits that they suffered a loss of rent for the period during which the repairs were undertaken.

The landlord lodged a claim with their insurer for damage and lost rent. The insurer offered them a cash settlement for both claims, less a total excess fee of $6,500.00. The landlord’s excess is $650.00 per claim. Their insurer assessed the landlord’s claim for damage as involving 9 separate claims and 1 further claim for lost rent. Therefore, the landlord paid a total excess of $6,500.00 and seeks compensation for this amount. Evidence and submissions

The landlord gave evidence that the tenant kept a dog inside the property and the carpet and laminated floors were heavily soaked in pet urine and faeces. The landlord also gave evidence that the tenant spilt food and drink on the floor. The landlord claims the damage caused to the flooring by the pet urine was so extensive that the floor substrate needed to be replaced.

The landlord submitted photographs of the property taken at the end of the tenancy. These show large stains on parts of the carpet and an accumulation of pet faeces on the lawns and balcony.

The photographs submitted by the landlord also show parts of the exterior of the house, particularly around the balcony, have been damaged. A large hole is present and the external façade appears to have been painted or drawn on in a different colour.

The photographs also show that the glass in the external façade of the house has a large, deep crack in it. The garage ceiling is also damaged.

The landlord gave evidence that the tenant hung something heavy from the garage ceiling, which is situated directly beneath a bedroom. The landlord gave evidence that the builder noticed cracks in the bedroom wall and submits that these occurred as a result of the heavy weight hanging from the ceiling in the garage below. The landlord did not have photographs of the cracks in the wall, as they claim this damage was only noticed during the builder’s inspection of the property.

The landlord gave further evidence that the bathroom cabinet drawer was broken, together with the handle on one of the ranch slider doors. Further, the landlord claims the tenant damaged the capping of the glass railing on the balcony.

The landlord did not submit an entry inspection report but did submit a routine inspection report dated 12 September 2022. None of the alleged damage is present in the photographs of the routine inspection report.

The landlord claims the damage to the property was extensive and it could not be re-tenanted until repairs had been completed. The landlord’s insurer granted their claim for lost rent equivalent to 10 weeks. Analysis

The photographs taken at the end of the tenancy show the property was left in a very poor state. I accept all of the landlord’s evidence given at the hearing regarding the damage that was caused by the tenant. On the basis of this evidence, together with the photographs taken at the end of the tenancy, I find that the landlord has proven that the tenant damaged the following areas during the tenancy: a. Carpet b. Laminated floor c. Garage ceiling d. Bedroom walls e. Glass in the external façade of the house f. Exterior wall g. Floor substrate h. Bathroom vanity i. Balcony sliding door j. Landscape fibre cement cladding k. Flashing cap around balcony glass

The damage is more than fair wear and tear and the tenant has not disproved liability.

I agree with the landlord’s submission that as a result of the breaches by the tenant, the property could not be re-tenanted immediately. Extensive cleaning and repairs needed to be undertaken as a result of the breaches by the tenant. It was reasonable for the landlord to lodge a claim for lost rent with their insurer in the circumstances.

The landlord’s claim for compensation of $6,500.0 to cover the excess paid is granted in full. FILING FEE & NAME SUPPRESSION

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and grant their request for name suppression.

Reasons

Claims and awards in Tenancy Tribunal application 5089068 — net $14,274.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 May 2024	$3,858.00	Rent arrears to 22 May 2024
Water rates	$307.22	Water rates
Cleaning and rubbish removal	$3,581.80	Cleaning and rubbish removal
Insurance excess for repairs and lost rent	$6,500.00	Insurance excess for repairs and lost rent
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$14,274.02
Total payable by Tenant to Landlord	$14,274.02