What was the outcome of Tenancy Tribunal case 5185451?

The tribunal order states: Johannes Delport and Mariske Delport to pay The Rent Shop Limited - As

How much money was awarded in case 5185451?

Cleaning: $1,420.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Garage Carpet: $287.50 awarded to landlord; Property Damage: $661.29 awarded to landlord; Replace Carpet With 10 Year Deprecia…: $755.33 awarded to landlord

What type of tenancy dispute was case 5185451?

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

Where can I read the official tribunal order for case 5185451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12253478-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5185451?

The tribunal order states: Johannes Delport and Mariske Delport to pay The Rent Shop Limited - As

How much money was awarded in case 5185451?

Cleaning: $1,420.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Garage Carpet: $287.50 awarded to landlord; Property Damage: $661.29 awarded to landlord; Replace Carpet With 10 Year Deprecia…: $755.33 awarded to landlord

What type of tenancy dispute was case 5185451?

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

Where can I read the official tribunal order for case 5185451?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12253478-Tenancy_Tribunal_Order.pdf.

14 Hagen Close, Golflands, Auckland 2013 Tenancy Tribunal Case 5185451 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 5185451 — net $3,151.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Main house and carpet	$1,420.25	Cleaning: Main house and carpet
Paint and repair materials	$661.29	Paint and repair materials
Garage carpet	$287.50	Garage carpet
Replace carpet with 10 year depreciation	$755.33	Replace carpet with 10 year depreciation
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,151.37
Bond	$4,600.00
Total payable by Tenant to Landlord	$3,151.37

Johannes Delport and Mariske Delport to pay The Rent Shop Limited - As Agent For Sarah Shirlee Dowson $3,151.37 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $4,600.00 (5610911-003) immediately apportioned as follows: The Rent Shop Limited - As Agent For Sarah Shirlee Dowson: $3,151.37 Johannes Delport and Mariske Delport: $1,448.63

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears, 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, 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.

I am satisfied the evidence provided by the landlord proves tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The exit and entry inspections show the carpets required cleaning in heavy traffic areas, bedrooms 1 to 4, living/dining areas and the garage and that the main house required some additional cleaning to bring it up to a reasonably clean and tidy condition.

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 landlord proved the tenants caused some indentations in the walls throughout the house that required remediation. The entry and exit inspection photographs and report prove on the balance of probabilities that the wall damage was caused during the tenancy and the damage is more than fair wear and tear. The tenants did not disproved liability for this damage.

The landlord also proved the tenants damaged the carpet in the garage by welding on it and the carpet in the granny flat and the underlay was damaged by large amounts of animal urine throughout the entire granny flat. The tenants had a flatmate that resided in the granny flat and she has not disclosed to the tenants how or when this extensive urine damage occurred. The landlord proved the granny flat carpet was high quality Carpet Mill carpet with a guaranteed lifespan of 15 years. The landlord stated it was new in 2015. I find the tenants are responsible for the carpet damage. I award the landlord the cost of repairing the garage carpet and for the remaining 5 years of the granny flat carpet, having depreciated the replacement cost at $151.066 per annum for 10 years.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the filing fee

Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5185451 — net $3,151.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Main house and carpet	$1,420.25	Cleaning: Main house and carpet
Paint and repair materials	$661.29	Paint and repair materials
Garage carpet	$287.50	Garage carpet
Replace carpet with 10 year depreciation	$755.33	Replace carpet with 10 year depreciation
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,151.37
Bond	$4,600.00
Total payable by Tenant to Landlord	$3,151.37

Order

Johannes Delport and Mariske Delport to pay The Rent Shop Limited - As Agent For Sarah Shirlee Dowson $3,151.37 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,600.00 (5610911-003) immediately apportioned as follows: The Rent Shop Limited - As Agent For Sarah Shirlee Dowson: $3,151.37 Johannes Delport and Mariske Delport: $1,448.63

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, 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, 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.
I am satisfied the evidence provided by the landlord proves tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The exit and entry inspections show the carpets required cleaning in heavy traffic areas, bedrooms 1 to 4, living/dining areas and the garage and that the main house required some additional cleaning to bring it up to a reasonably clean and tidy condition.
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 landlord proved the tenants caused some indentations in the walls throughout the house that required remediation. The entry and exit inspection photographs and report prove on the balance of probabilities that the wall damage was caused during the tenancy and the damage is more than fair wear and tear. The tenants did not disproved liability for this damage.
The landlord also proved the tenants damaged the carpet in the garage by welding on it and the carpet in the granny flat and the underlay was damaged by large amounts of animal urine throughout the entire granny flat. The tenants had a flatmate that resided in the granny flat and she has not disclosed to the tenants how or when this extensive urine damage occurred. The landlord proved the granny flat carpet was high quality Carpet Mill carpet with a guaranteed lifespan of 15 years. The landlord stated it was new in 2015. I find the tenants are responsible for the carpet damage. I award the landlord the cost of repairing the garage carpet and for the remaining 5 years of the granny flat carpet, having depreciated the replacement cost at $151.066 per annum for 10 years.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5185451 — Cleanliness at 14 Hagen Close, Golflands, Auckland 2013

At a glance

Tenancy Tribunal case 5185451 — Cleanliness at 14 Hagen Close, Golflands, Auckland 2013

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