What was the outcome of Tenancy Tribunal case 5123108?

The tribunal order states: Luke Marama Russell must pay Grenadier Rent Shop Limited Acting Agent For

How much money was awarded in case 5123108?

Cleaning: $362.25 awarded to landlord; Eviction: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $297.00 awarded to landlord; Kitchen Bench: $207.00 awarded to landlord; Walls: $142.50 awarded to landlord; Window: $148.94 awarded to landlord; Rubbish Removal: $369.30 awarded to landlord

What type of tenancy dispute was case 5123108?

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

Where can I read the official tribunal order for case 5123108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11722108-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5123108?

The tribunal order states: Luke Marama Russell must pay Grenadier Rent Shop Limited Acting Agent For

How much money was awarded in case 5123108?

Cleaning: $362.25 awarded to landlord; Eviction: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $297.00 awarded to landlord; Kitchen Bench: $207.00 awarded to landlord; Walls: $142.50 awarded to landlord; Window: $148.94 awarded to landlord; Rubbish Removal: $369.30 awarded to landlord

What type of tenancy dispute was case 5123108?

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

Where can I read the official tribunal order for case 5123108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11722108-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 21 Olliviers Road, Phillipstown, Christchurch Tenancy Tribunal Case 5123108 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5123108 — net $1,753.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$362.25	Cleaning
Rubbish removal	$369.30	Rubbish removal
Repairs: Window	$148.94	Repairs: Window
Repairs: Walls	$142.50	Repairs: Walls
Repairs: Kitchen bench	$207.00	Repairs: Kitchen bench
Lock/key replacement	$297.00	Lock/key replacement
Eviction	$200.00	Eviction
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,753.99
Total payable by Tenant to Landlord	$1,753.99

The landlord attended the hearing by video. The Tenant did not attend by video and the telephone number provided did not belong to 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. Photographs and an exit inspection report were provided of the property which showed it required cleaning of the kitchen, bedroom sills, oven, floors, window sills and heatpump. An invoice was provided to substantiate the costs.

The Tenant also did not remove the rubbish. Photographs were provided rubbish outside and inside the house which included full rubbish bins, books, damaged household belongings, furniture, and utensils. An invoice was provided for the rubbish.

The tenant did not return the keys for the front and back door. The Landlord provided an invoice for the locksmith.

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 following damage was caused during the tenancy: window repairs, damaged benchtop repair and wall holes.

Window pane- The backdoor window pane was broken during the tenancy and photographs were provided of the ingoing inspection report and outgoing inspection report. The Tenants told the Landlord, they would fix it and this never happened. The Landlord provided an invoice to repair the crack and photographs of the damaged door. The amounts ordered are proved.

Kitchen benchtop -The Landlord claimed for damage to the kitchen wooden benchtop caused intentionally by the Tenant smoking. The Landlord’s insurance excess was $1400.00 so they opted to claim from the Tenant instead. They submitted this was intentional damage. The Tenant had burnt a few holes on the bench and claimed this was caused by a candle falling on the bench. The Landlord noticed an ashtray in the property during one inspection which led them to believe the Tenant was smoking inside the property. The benchtop was perhaps as old as the property which the Landlord estimated to be built in the 1970’s. Ingoing photographs, photographs of the damage and an invoice was provided. I accept this damage was intentional.

In considering depreciation however, a benchtop has a lifespan of 12-18 years and this bench top would have exceeded its useful life span. The Landlord cannot be placed in a better position than before the damage incurred. I also note the ingoing inspection report refers to the benchtop as having scratches and marks. The invoice for repair refers to the benchtop condition as being “old”. For this reason, I find it appropriate to Order 15% of the replacement cost instead being $207.00. The amount ordered is proved.

Wall holes- The Landlord claimed for damage to the hallway wall and master bedroom caused during the tenancy. They submitted this was caused during the tenancy when the Tenant accidentally hit one wall and his brother had accidentally knocked the other. The Tenant acknowledged causing this damage and promised to repair it before they vacated. Ingoing inspection reports, outgoing inspection reports and an invoice was provided to substantiate the claims.

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

The amounts ordered are proved.

The landlord claimed the eviction fee which was required because the Tenant did not vacate the property. An eviction notice was provided to support this claim.

The amounts ordered are proved.

As Grenadier Rent Shop Limited Acting Agent For Z Wang has been substantially successful with the claim the Tenant must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5123108 — net $1,753.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$362.25	Cleaning
Rubbish removal	$369.30	Rubbish removal
Repairs: Window	$148.94	Repairs: Window
Repairs: Walls	$142.50	Repairs: Walls
Repairs: Kitchen bench	$207.00	Repairs: Kitchen bench
Lock/key replacement	$297.00	Lock/key replacement
Eviction	$200.00	Eviction
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,753.99
Total payable by Tenant to Landlord	$1,753.99

The landlord attended the hearing by video. The Tenant did not attend by video and the telephone number provided did not belong to 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?

The tenant did not return the keys for the front and back door. The Landlord provided an invoice for the locksmith.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: window repairs, damaged benchtop repair and wall holes.

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

The amounts ordered are proved.

The landlord claimed the eviction fee which was required because the Tenant did not vacate the property. An eviction notice was provided to support this claim.

The amounts ordered are proved.

As Grenadier Rent Shop Limited Acting Agent For Z Wang has been substantially successful with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 5123108 — Property damage at Unit/Flat 6, 21 Olliviers Road, Phillipstown, Christchurch

At a glance

Tenancy Tribunal case 5123108 — Property damage at Unit/Flat 6, 21 Olliviers Road, Phillipstown, Christchurch

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