What was Tenancy Tribunal case 5118088 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 5118088?

Clear Waste Disposal: $51.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $193.20 awarded to landlord; Property Damage: $2,370.00 awarded to landlord; External Walls: $1,250.00 awarded to landlord; Internal Walls: $2,500.00 awarded to landlord; Kitchen Bench And Cabinets: $123.85 awarded to landlord; Replace furnishings: curtains, blind…: $900.00 awarded to landlord; Replace Furnishings: Net Curtains: $125.00 awarded to landlord; Rubbish Removal: $1,863.00 awarded to landlord; Rubbish Removal: $425.50 awarded to landlord

What type of tenancy dispute was case 5118088?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5118088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11547245-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5118088 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 5118088?

Clear Waste Disposal: $51.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $193.20 awarded to landlord; Property Damage: $2,370.00 awarded to landlord; External Walls: $1,250.00 awarded to landlord; Internal Walls: $2,500.00 awarded to landlord; Kitchen Bench And Cabinets: $123.85 awarded to landlord; Replace furnishings: curtains, blind…: $900.00 awarded to landlord; Replace Furnishings: Net Curtains: $125.00 awarded to landlord; Rubbish Removal: $1,863.00 awarded to landlord; Rubbish Removal: $425.50 awarded to landlord

What type of tenancy dispute was case 5118088?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5118088?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11547245-Tribunal_Order_Redacted.pdf.

34 Puataata Road, Turangi, Turangi 3334 Tenancy Tribunal Case 5118088 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5118088 — net $7,909.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Clear waste disposal	$51.75	Clear waste disposal
Rubbish removal: and cleaning, including carpets	$1,863.00	Rubbish removal: and cleaning, including carpets
Window repairs	$193.20	Window repairs
Carpet replacement	$2,370.00	Carpet replacement
Repairs: kitchen bench and cabinets	$123.85	Repairs: kitchen bench and cabinets
Repairs: internal walls	$2,500.00	Repairs: internal walls
Repairs: external walls	$1,250.00	Repairs: external walls
Rubbish removal: exterior and grounds	$425.50	Rubbish removal: exterior and grounds
Replace furnishings: net curtains	$125.00	Replace furnishings: net curtains
Replace furnishings: curtains, blinds and fittings	$900.00	Replace furnishings: curtains, blinds and fittings
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,909.30
Total payable by Tenant to Landlord	$7,909.30

Both parties attended the hearing. The tenant disconnected the call soon after the hearing started. She had been advised the hearing would proceed in her absence if she left.

The landlord has applied for compensation, refund of the bond, 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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove extensive rubbish. The lawns required mowing and the section tidying.

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 carpets throughout the property were extensively stained, probably by children’s coloured drinks. The carpet cleaning did not remove a large number of stains, the damaged arears could not be repaired and so the landlord had to replace the carpets. The curtains were extensively damaged, the internal walls graffitied, and some exterior walls scribbled on and dented by a sharp object. The kitchen bench and cabinets were also damaged, and the waste disposal became blocked with foreign (non-food) objects and needed to be fixed by a plumber. A bedroom window was broken.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord’s insurance excess is $500, but the insurer treated each carpet stain and each damaged curtain as a separate event and insurance was not claimed. While likely much of the damage was intentional, the amounts awarded so no exceed $1,920 (4 weeks rent) and are therefore awarded, subject only to depreciation as set out below.

The amounts ordered are proved by the photographs and invoices provided.

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 carpet is depreciated by 40% as it was around 4 years old at the end of the tenancy. One bedroom had stains at the beginning of the tenancy, and this is allowed for.

The net curtains are depreciated by 50% as while they were ripped, they have a shorter life span than the drapes and blinds. The replacement of missing rails and curtains fittings are allowed in full.

The kitchen cabinetry repairs are awarded in full as this is repair work of damaged arears only.

The repairs to the interior walls are depreciated to allow a small percentage for revarnishing the surfaces.

The bond has been refunded to the landlord since the end of the tenancy.

The landlord’s request for name suppression and reimbursement of the filing fee are approved, as the application is successful.

The public interest requires that the tenant’s name is published.

Claims and awards in Tenancy Tribunal application 5118088 — net $7,909.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Clear waste disposal	$51.75	Clear waste disposal
Rubbish removal: and cleaning, including carpets	$1,863.00	Rubbish removal: and cleaning, including carpets
Window repairs	$193.20	Window repairs
Carpet replacement	$2,370.00	Carpet replacement
Repairs: kitchen bench and cabinets	$123.85	Repairs: kitchen bench and cabinets
Repairs: internal walls	$2,500.00	Repairs: internal walls
Repairs: external walls	$1,250.00	Repairs: external walls
Rubbish removal: exterior and grounds	$425.50	Rubbish removal: exterior and grounds
Replace furnishings: net curtains	$125.00	Replace furnishings: net curtains
Replace furnishings: curtains, blinds and fittings	$900.00	Replace furnishings: curtains, blinds and fittings
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,909.30
Total payable by Tenant to Landlord	$7,909.30

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Millie Olive Trethowen must pay [The landlord/s] $7,909.30 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing. The tenant disconnected the call soon after the hearing started. She had been advised the hearing would proceed in her absence if she left.
The landlord has applied for compensation, refund of the bond, 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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove extensive rubbish. The lawns required mowing and the section tidying.
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 carpets throughout the property were extensively stained, probably by children’s coloured drinks. The carpet cleaning did not remove a large number of stains, the damaged arears could not be repaired and so the landlord had to replace the carpets. The curtains were extensively damaged, the internal walls graffitied, and some exterior walls scribbled on and dented by a sharp object. The kitchen bench and cabinets were also damaged, and the waste disposal became blocked with foreign (non-food) objects and needed to be fixed by a plumber. A bedroom window was broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord’s insurance excess is $500, but the insurer treated each carpet stain and each damaged curtain as a separate event and insurance was not claimed. While likely much of the damage was intentional, the amounts awarded so no exceed $1,920 (4 weeks rent) and are therefore awarded, subject only to depreciation as set out below.
The amounts ordered are proved by the photographs and invoices provided.
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 carpet is depreciated by 40% as it was around 4 years old at the end of the tenancy. One bedroom had stains at the beginning of the tenancy, and this is allowed for.
The net curtains are depreciated by 50% as while they were ripped, they have a shorter life span than the drapes and blinds. The replacement of missing rails and curtains fittings are allowed in full.
The kitchen cabinetry repairs are awarded in full as this is repair work of damaged arears only.
The repairs to the interior walls are depreciated to allow a small percentage for revarnishing the surfaces.
The bond has been refunded to the landlord since the end of the tenancy.
The landlord’s request for name suppression and reimbursement of the filing fee are approved, as the application is successful.
The public interest requires that the tenant’s name is published.

Tenancy Tribunal case 5118088 — Property damage at 34 Puataata Road, Turangi, Turangi 3334

At a glance

Tenancy Tribunal case 5118088 — Property damage at 34 Puataata Road, Turangi, Turangi 3334

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

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

Frequently asked questions