What was the outcome of Tenancy Tribunal case 5159471?

The tribunal order states: Kataraina Houra to pay A1 Property Managers Limited $1,350.00 from the

How much money was awarded in case 5159471?

Cleaning: $500.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 5159471?

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

Where can I read the official tribunal order for case 5159471?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11792091-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5159471?

The tribunal order states: Kataraina Houra to pay A1 Property Managers Limited $1,350.00 from the

How much money was awarded in case 5159471?

Cleaning: $500.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 5159471?

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

Where can I read the official tribunal order for case 5159471?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11792091-Tenancy_Tribunal_Order.pdf.

249 Marine Parade, New Brighton, Christchurch 8061 Tenancy Tribunal Case 5159471 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 5159471 — net $1,350.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$500.00	Cleaning
Repairs	$750.00	Repairs
Rubbish removal	$100.00	Rubbish removal
Net award	$1,350.00
Total payable by Tenant to Landlord	$1,350.00

Kataraina Houra to pay A1 Property Managers Limited $1,350.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,350.00 (5072603-008) to A1 Property Managers Limited immediately. The Bond Centre is to pay the bond of $370.00 (5072603-008) to Kataraina Houra immediately.

Reasons

The Landlord attended the hearing by video. The Tenant did not attend by video or answer telephone calls from the Tribunal.

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

The Landlord submitted prior to the hearing they had reached agreement with the Tenant where they agreed to the Landlord’s claims.

Because the Tenant did not appear, the Tribunal had to determine the Landlords application.

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 cleaning required wiping down of walls, surfaces, window sills, removal of rubbish from the outdoor bins, cleaning of the bathrooms. They provided an invoice which showed there was at least 21 hours of cleaning required. The invoice broke down the cleaning into different areas of the house however some of this included making repairs to the walls so it was difficult to tell exactly how much hours did cleaning take. An ingoing and outgoing inspection report was provided however the photographs did not justify over 21 hours of cleaning required. It did not appear that dirty in the photographs.

The Landlord submitted the Tenant agreed to pay for the damages and submitted email correspondence where the Tenant agreed to make payment plan. However there was nothing in the email to state the Tenant had seen the invoice and what it was they were agreeing to.

I consider there was cleaning required however the invoice was unclear but rather than dismissing the claim, I find it appropriate to award 10 hours of cleaning and 2 hours to remove the rubbish and clean the bins.

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 occurred during the tenancy: approximately 19 areas of wall damage throughout the property. The Landlord claimed over 30 hours were required to repair the walls. Photographs from the ingoing and outgoing inspection reports, along with the contractor's invoice, were submitted as evidence. The extent of the damage exceeds what could reasonably be considered fair wear and tear, and the Tenant has not provided evidence to refute liability.

Upon reviewing the evidence, I find the claim for 30 hours of repair work to be excessive given the level of damage shown in the outgoing inspection photographs. I consider 15 hours of repair work to be reasonable in the circumstances.

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.

As the Landlord has not been substantially successful, the Landlord shall pay their own filing fee.

Order

Claims and awards in Tenancy Tribunal application 5159471 — net $1,350.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$500.00	Cleaning
Repairs	$750.00	Repairs
Rubbish removal	$100.00	Rubbish removal
Net award	$1,350.00
Total payable by Tenant to Landlord	$1,350.00

Kataraina Houra to pay A1 Property Managers Limited $1,350.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,350.00 (5072603-008) to A1 Property Managers Limited immediately. The Bond Centre is to pay the bond of $370.00 (5072603-008) to Kataraina Houra immediately.

Reasons

The Landlord attended the hearing by video. The Tenant did not attend by video or answer telephone calls from the Tribunal.

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

The Landlord submitted prior to the hearing they had reached agreement with the Tenant where they agreed to the Landlord’s claims.

Because the Tenant did not appear, the Tribunal had to determine the Landlords application.

Did the tenant comply with their obligations at the end of the tenancy?

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

As the Landlord has not been substantially successful, the Landlord shall pay their own filing fee.

Tenancy Tribunal case 5159471 — Property damage at 249 Marine Parade, New Brighton, Christchurch 8061

At a glance

Tenancy Tribunal case 5159471 — Property damage at 249 Marine Parade, New Brighton, Christchurch 8061

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