Published tribunal order
Tenancy Tribunal case 5128394 — Tenancy dispute at 46D Lancaster Road, Beach Haven, Auckland 0626
Decided 23 Apr 2025 · Published 23 Apr 2025 · Application 5128394
- Property damage
- Rubbish Removal
- Smoke alarms
Order
- [The tenant/s] tenant/s] must pay Kāinga Ora–Homes And Communities $1,230.86 immediately, calculated as shown in table below.
- The rental credit of $74.44 has been applied to the Tenants’ debt to the Landlord.
Reasons
- The Landlord attended the hearing by telephone. The Tenant did not attend by video or answer telephone calls made by the Tribunal .
- The landlord has applied for compensation 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 inside and outside of the house. There was a substantial amount of furniture, food items, rubbish bags, clothing, pots and miscellaneous items to remove and the outgoing inspection report substantiated this. An invoice for the removal was also provided.
- 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: Wall hole in bedroom 2. The ingoing and outgoing inspection report was provided to show this happened during the tenancy. 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 Tenant had a rental credit of $74.44 and this has been applied to the outstanding debt.