What was Tenancy Tribunal case 5097031 about?

The tribunal order states: Samantha Swetman must pay [The landlord/s] $2,410.04 immediately,

How much money was awarded in case 5097031?

Cleaning: $240.00 awarded to landlord; Carpet Odour Removal: $71.94 awarded to landlord; Cleaning: $280.00 awarded to landlord; Pest Control: $84.26 awarded to landlord; Property Damage: $240.00 awarded to landlord; Rent Arrears: $563.84 awarded to landlord; To Walls Prep And Paint: $2,245.00 awarded to landlord; Rubbish Removal: $285.00 awarded to landlord

What type of tenancy dispute was case 5097031?

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

Where can I read the official tribunal order for case 5097031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12013783-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5097031 about?

The tribunal order states: Samantha Swetman must pay [The landlord/s] $2,410.04 immediately,

How much money was awarded in case 5097031?

Cleaning: $240.00 awarded to landlord; Carpet Odour Removal: $71.94 awarded to landlord; Cleaning: $280.00 awarded to landlord; Pest Control: $84.26 awarded to landlord; Property Damage: $240.00 awarded to landlord; Rent Arrears: $563.84 awarded to landlord; To Walls Prep And Paint: $2,245.00 awarded to landlord; Rubbish Removal: $285.00 awarded to landlord

What type of tenancy dispute was case 5097031?

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

Where can I read the official tribunal order for case 5097031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12013783-Tribunal_Order_Redacted.pdf.

16 Rukumoana Road, Morrinsville, RD 1, Morrinsville 3371 Tenancy Tribunal Case 5097031 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5097031 — net $2,410.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 November 2024	$563.84	Rent arrears to 1 November 2024
Repairs: to walls prep and paint	$2,245.00	Repairs: to walls prep and paint
Lock/key replacement	$240.00	Lock/key replacement
Cleaning	$280.00	Cleaning
Rubbish removal and dump fees	$285.00	Rubbish removal and dump fees
Carpet Cleaning	$240.00	Carpet Cleaning
Carpet odour removal	$71.94	Carpet odour removal
Pest control: Flea treatment	$84.26	Pest control: Flea treatment
Net award	$2,410.04
Total payable by Tenant to Landlord	$2,410.04

Both parties attended the hearing.

The property manager is also the owner of the premises. She appeared with her husband who completed many repairs and property maintenance.

The hearing began at 9.30 and there was a break before 11am for 15 minutes.

Before the break the tenant said that she took responsibility for the rubbish removal costs. The tenant failed to return after the break and could not be found.

The tenant was called on the number provided by the property manager but there was no answer, and it went to voice message. A message was left asking where she was and that the hearing may continue in her absence.

The tenant failed to return, and the hearing continued.

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

How much is owed for rent?

The tenancy ended on 1 November 2024. The tenant agreed with the amount claimed by the landlord for rent owing at this date.

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 landlords’ husband operates a home maintenance and decorating business under the name WSS maintenance services. An invoice from them was provided for the cleaning which included rubbish removal. Evidence was provided establishing that the premises required cleaning especially in the kitchen, oven, bathroom and laundry. The tenant left behind full rubbish bins, a lounge chair and gib board and wood.

I find that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The carpet had many stains and brown marks on it in the bedrooms, dining room and lounge. The tenant said it was often a spilled drink and that the pink colour could not be removed. Even after the tenant had them professionally cleaned many marks remained.

The landlord obtained a further quote from Bonds Carpet Cleaning for $460.00 for further cleaning but instead did it themselves. The amount claimed was less than the quote and removed more marks but not all of them. The premises have been re-tenanted.

The tenant agreed that she did not return the keys.

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: the walls in 2 bedrooms, hallway, lounge and dining room had scrapes, gouges and marks from where decals had been removed.

The tenant agreed that the premises had been freshly painted and new carpet put in at the start of the tenancy.

The tenant had repainted one room and attempted to repair holes but left them in need of sanding and painting. Some areas where stickers or decals had been removed had not been sanded before the tenant painted it giving an unprofessional finish.

Two bedrooms and the lounge and hallway all had dents or scratches which the tenant agreed came from her cat. The landlord said that the pets were allowed but not inside. The tenant said that some damages happened when they were moving out or where the couch had rubbed against the walls but that she had not informed the landlord of any damages instead they tried to fix them.

A cupboard from a bedroom had the back removed so that it accessed a hall cupboard. The tenant said that this was done by someone staying there and they tried to fix it before they left but had not quite finished it.

The landlord provided a quote for the repairs from Retro Renovation dated 4 November 2024 which estimated the price to complete these repairs at $7200.00. The landlord claimed $2245.00 for their time and material, and this is awarded.

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 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.

[The landlord/s] claims the tenant has used the premises unlawfully but was unable to provide evidence to support this claim. This claim is dismissed.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and name suppression is granted for the landlord.

Claims and awards in Tenancy Tribunal application 5097031 — net $2,410.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 November 2024	$563.84	Rent arrears to 1 November 2024
Repairs: to walls prep and paint	$2,245.00	Repairs: to walls prep and paint
Lock/key replacement	$240.00	Lock/key replacement
Cleaning	$280.00	Cleaning
Rubbish removal and dump fees	$285.00	Rubbish removal and dump fees
Carpet Cleaning	$240.00	Carpet Cleaning
Carpet odour removal	$71.94	Carpet odour removal
Pest control: Flea treatment	$84.26	Pest control: Flea treatment
Net award	$2,410.04
Total payable by Tenant to Landlord	$2,410.04

Order

Samantha Swetman must pay [The landlord/s] $2,410.04 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The property manager is also the owner of the premises. She appeared with her husband who completed many repairs and property maintenance.
The hearing began at 9.30 and there was a break before 11am for 15 minutes.
Before the break the tenant said that she took responsibility for the rubbish removal costs. The tenant failed to return after the break and could not be found.
The tenant was called on the number provided by the property manager but there was no answer, and it went to voice message. A message was left asking where she was and that the hearing may continue in her absence.
The tenant failed to return, and the hearing continued.
The landlord has applied for rent arrears, compensation, exemplary damages refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 1 November 2024. The tenant agreed with the amount claimed by the landlord for rent owing at this date.

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 landlords’ husband operates a home maintenance and decorating business under the name WSS maintenance services. An invoice from them was provided for the cleaning which included rubbish removal. Evidence was provided establishing that the premises required cleaning especially in the kitchen, oven, bathroom and laundry. The tenant left behind full rubbish bins, a lounge chair and gib board and wood.
I find that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The carpet had many stains and brown marks on it in the bedrooms, dining room and lounge. The tenant said it was often a spilled drink and that the pink colour could not be removed. Even after the tenant had them professionally cleaned many marks remained.
The landlord obtained a further quote from Bonds Carpet Cleaning for $460.00 for further cleaning but instead did it themselves. The amount claimed was less than the quote and removed more marks but not all of them. The premises have been re-tenanted.
The tenant agreed that she did not return the keys.
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: the walls in 2 bedrooms, hallway, lounge and dining room had scrapes, gouges and marks from where decals had been removed.
The tenant agreed that the premises had been freshly painted and new carpet put in at the start of the tenancy.
The tenant had repainted one room and attempted to repair holes but left them in need of sanding and painting. Some areas where stickers or decals had been removed had not been sanded before the tenant painted it giving an unprofessional finish.
Two bedrooms and the lounge and hallway all had dents or scratches which the tenant agreed came from her cat. The landlord said that the pets were allowed but not inside. The tenant said that some damages happened when they were moving out or where the couch had rubbed against the walls but that she had not informed the landlord of any damages instead they tried to fix them.
A cupboard from a bedroom had the back removed so that it accessed a hall cupboard. The tenant said that this was done by someone staying there and they tried to fix it before they left but had not quite finished it.
The landlord provided a quote for the repairs from Retro Renovation dated 4 November 2024 which estimated the price to complete these repairs at $7200.00. The landlord claimed $2245.00 for their time and material, and this is awarded.
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 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.
[The landlord/s] claims the tenant has used the premises unlawfully but was unable to provide evidence to support this claim. This claim is dismissed.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and name suppression is granted for the landlord.

Tenancy Tribunal case 5097031 — Property damage at 16 Rukumoana Road, Morrinsville, RD 1, Morrinsville 3371

At a glance

Tenancy Tribunal case 5097031 — Property damage at 16 Rukumoana Road, Morrinsville, RD 1, Morrinsville 3371

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