What was the outcome of Tenancy Tribunal case 5105630?

The tribunal order states: Trinity Josephs must pay The Rent Shop Limited - As Agent For (Danny) Chee

How much money was awarded in case 5105630?

Cleaning: $1,092.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $60.00 awarded to landlord; Plaster And Repaint Holes In Walls: $632.50 awarded to landlord; Property Damage: $276.00 awarded to landlord; Installing Kitchen Hob And Drawer: $1,644.50 awarded to landlord; Rubbish Removal: $1,127.00 awarded to landlord

What type of tenancy dispute was case 5105630?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5105630?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11919601-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5105630?

The tribunal order states: Trinity Josephs must pay The Rent Shop Limited - As Agent For (Danny) Chee

How much money was awarded in case 5105630?

Cleaning: $1,092.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $60.00 awarded to landlord; Plaster And Repaint Holes In Walls: $632.50 awarded to landlord; Property Damage: $276.00 awarded to landlord; Installing Kitchen Hob And Drawer: $1,644.50 awarded to landlord; Rubbish Removal: $1,127.00 awarded to landlord

What type of tenancy dispute was case 5105630?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5105630?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11919601-Tenancy_Tribunal_Order.pdf.

9B Surrey Street, Manurewa, Auckland 2102 Tenancy Tribunal Case 5105630 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5105630 — net $4,859.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,092.50	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lawns and Garden work	$60.00	Lawns and Garden work
Repairs: installing kitchen hob and drawer	$1,644.50	Repairs: installing kitchen hob and drawer
Rubbish removal	$1,127.00	Rubbish removal
Plaster and repaint holes in walls	$632.50	Plaster and repaint holes in walls
Lock/key replacement	$276.00	Lock/key replacement
Net award	$4,859.50
Total payable by Tenant to Landlord	$4,859.50

Trinity Josephs must pay The Rent Shop Limited - As Agent For (Danny) Chee Keen Lee $4,859.50 immediately, calculated as shown in table below: DescriptionLandlord Cleaning$1,092.50 Filing fee reimbursement$27.00 Lawns and Garden work$60.00 Repairs: installing kitchen hob and drawer$1,644.50 Rubbish removal$1,127.00 Plaster and repaint holes in walls$632.50 Lock/key replacement$276.00 Total award$4,859.50 Total payable by Tenant to Landlord$4,859.50

Reasons

The landlord attended the hearing, the tenant did not attend the hearing. The tenant was sent a notice of hearing and has chosen not to attend the hearing. I am conducting the hearing in the absence of the tenant.

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 tenant did not return the keys at the end of the tenancy.

The landlord provided a pre let inspection report and photos and an exit inspection report and photos. The photos show that the property was dirty with rubbish left throughout the premises. The lawns were overgrown.

The landlord provided the Tribunal with invoices for the cost of the cleaning, lawn mowing, rubbish removal and replacement keys and locks.

I am satisfied that the landlord has proven their claims for cleaning, lawn mowing, rubbish removal and lock and key replacement.

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 following damage was caused during the tenancy: -The hob cook top was smashed. -Kitchen cupboard was destroyed. -The curtains were damaged and left on the floor and not hanging at the windows. -There were four holes left in the walls of the property.

The landlord provided photos of the smashed cook top, smashed kitchen cupboard, holes in the walls and crumpled curtains on the floor.

The landlord provided invoices for the cost of repairing the holes in the walls and the kitchen cupboard, and replacing the hob cook top.

The landlord did not provide an invoice for the curtain and track replacement and was not able to advise which curtains were missing nor why the tracks needed to be replaced.

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

I am satisfied that the landlord has proven their claim for the cooktop and repairs to the walls and kitchen cupboard. I am not satisfied that the landlord has proven their claim for the curtain and track replacement, and so I am dismissing this claim.

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. Having considered betterment, I do not consider that there should be a reduction for the cook top and the wall and cupboard repairs.

Because The Rent Shop Limited - As Agent For (Danny) Chee Keen Lee has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5105630 — net $4,859.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,092.50	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Lawns and Garden work	$60.00	Lawns and Garden work
Repairs: installing kitchen hob and drawer	$1,644.50	Repairs: installing kitchen hob and drawer
Rubbish removal	$1,127.00	Rubbish removal
Plaster and repaint holes in walls	$632.50	Plaster and repaint holes in walls
Lock/key replacement	$276.00	Lock/key replacement
Net award	$4,859.50
Total payable by Tenant to Landlord	$4,859.50

Order

Trinity Josephs must pay The Rent Shop Limited - As Agent For (Danny) Chee Keen Lee $4,859.50 immediately, calculated as shown in table below: DescriptionLandlord Cleaning$1,092.50 Filing fee reimbursement$27.00 Lawns and Garden work$60.00 Repairs: installing kitchen hob and drawer$1,644.50 Rubbish removal$1,127.00 Plaster and repaint holes in walls$632.50 Lock/key replacement$276.00 Total award$4,859.50 Total payable by Tenant to Landlord$4,859.50

Reasons

The landlord attended the hearing, the tenant did not attend the hearing. The tenant was sent a notice of hearing and has chosen not to attend the hearing. I am conducting the hearing in the absence of the tenant.
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 tenant did not return the keys at the end of the tenancy.
The landlord provided a pre let inspection report and photos and an exit inspection report and photos. The photos show that the property was dirty with rubbish left throughout the premises. The lawns were overgrown.
The landlord provided the Tribunal with invoices for the cost of the cleaning, lawn mowing, rubbish removal and replacement keys and locks.
I am satisfied that the landlord has proven their claims for cleaning, lawn mowing, rubbish removal and lock and key replacement.

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 following damage was caused during the tenancy: -The hob cook top was smashed. -Kitchen cupboard was destroyed. -The curtains were damaged and left on the floor and not hanging at the windows. -There were four holes left in the walls of the property.
The landlord provided photos of the smashed cook top, smashed kitchen cupboard, holes in the walls and crumpled curtains on the floor.
The landlord provided invoices for the cost of repairing the holes in the walls and the kitchen cupboard, and replacing the hob cook top.
The landlord did not provide an invoice for the curtain and track replacement and was not able to advise which curtains were missing nor why the tracks needed to be replaced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I am satisfied that the landlord has proven their claim for the cooktop and repairs to the walls and kitchen cupboard. I am not satisfied that the landlord has proven their claim for the curtain and track replacement, and so I am dismissing this claim.
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. Having considered betterment, I do not consider that there should be a reduction for the cook top and the wall and cupboard repairs.
Because The Rent Shop Limited - As Agent For (Danny) Chee Keen Lee has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5105630 — Property damage at 9B Surrey Street, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5105630 — Property damage at 9B Surrey Street, Manurewa, Auckland 2102

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