What was the outcome of Tenancy Tribunal case 5233273?

The tribunal order states: Joanne Carolyn Ward, Jessica Ellen Ward and Jason Robert Strang must pay

How much money was awarded in case 5233273?

Cleaning: $345.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $575.00 awarded to landlord; Internal Door Locks X 5: $833.75 awarded to landlord; Plastering: $747.50 awarded to landlord; Wall Painting: $2,857.50 awarded to landlord; Waste Disposer: $115.00 awarded to landlord; Rubbish Removal: $50.00 awarded to landlord

What type of tenancy dispute was case 5233273?

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

Where can I read the official tribunal order for case 5233273?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12243865-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5233273?

The tribunal order states: Joanne Carolyn Ward, Jessica Ellen Ward and Jason Robert Strang must pay

How much money was awarded in case 5233273?

Cleaning: $345.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $345.00 awarded to landlord; Property Damage: $575.00 awarded to landlord; Internal Door Locks X 5: $833.75 awarded to landlord; Plastering: $747.50 awarded to landlord; Wall Painting: $2,857.50 awarded to landlord; Waste Disposer: $115.00 awarded to landlord; Rubbish Removal: $50.00 awarded to landlord

What type of tenancy dispute was case 5233273?

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

Where can I read the official tribunal order for case 5233273?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12243865-Tenancy_Tribunal_Order.pdf.

25D Lynbrooke Avenue, Blockhouse Bay, Auckland 0600 Tenancy Tribunal Case 5233273 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5233273 — net $6,240.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exit cleaning	$345.00	Exit cleaning
Rubbish removal	$50.00	Rubbish removal
Lock/key replacement: External locks x 3	$345.00	Lock/key replacement: External locks x 3
Lock/key replacement: Garage remote x 1	$345.00	Lock/key replacement: Garage remote x 1
Repairs: Internal door locks x 5	$833.75	Repairs: Internal door locks x 5
Repairs: Damaged door x 1	$575.00	Repairs: Damaged door x 1
Repairs: Wall painting	$2,857.50	Repairs: Wall painting
Repairs: Plastering	$747.50	Repairs: Plastering
Repairs: Waste disposer	$115.00	Repairs: Waste disposer
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,240.75
Total payable by Tenant to Landlord	$6,240.75

Both parties attended the hearing. The landlord attended in person and was assisted by a Mandarin interpreter. The tenants attended via teleconference.

The landlord has applied for the following: a. Exit cleaning cost of $345.00 b. Rubbish removal fee of $575.00 c. Key replacement cost of $345.00 d. Garage remote fob replacement cost of $345.00 e. Internal door lock replacement cost of $833.75 f. Door repair cost of $575.00 g. Plastering cost of $747.50 h. Wall painting cost of $2,587.50 i. Waste disposer repair cost of $115.00 j. Mailbox repair cost of $172.50 k. Filing fee reimbursement of $27.00

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. See section 40(1)(e) Residential Tenancies Act 1986 (“RTA”).

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant was given an opportunity to come back to clean and remove the rubbish that had been left at the address. However, the landlord had said that the tenant would be charged $150.00 per half an hour.

There was a bed and some sofas along with other children’s belongings left behind by the tenant.

When a tenant leaves goods behind at the end of the tenancy, the landlord must make all reasonable efforts to contact the tenant and to agree with the tenant on a period within which the tenant is to collect the goods.

There was no evidence of the landlord trying to follow the correct procedure for either storing the goods, having them valued or applying to the Tribunal to have them disposed of. The landlord simply tried to treat them as rubbish and tried to charge the tenant $150.00 for each half hour taken by the tenant to have them removed.

The tenant emailed the landlord saying that they were willing to sell them to offset the amount owing to the landlord but could not afford to pay $150.00 per half hour to go and clean and remove the items. That is why the tenant could not go to collect the goods left behind.

I do not what the landlord had done was reasonable. The landlord did not do what reasonably should have been done to mitigate the situation.

I grant the full amount of $345.00 for exit cleaning but only grant $50.00 for rubbish removal as the landlord had wrongly disposed of the tenant’s goods. The items could have been sold by the tenant to offset the amount owing to the landlord or could have been used by the tenant at the subsequent tenancy.

For keys and the garage remote fob, the tenant said that she had posted it to the tenancy address after the tenancy had ended. However, there was no evidence to support this and the landlord confirmed that they had not received anything.

I am not satisfied that the key had been returned to the landlord safely.

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. 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: internal door locks, one door, walls and the waste disposer. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The only claim that the landlord could not prove was for the mailbox damage. I do not find that the landlord has proven that the tenant or someone with the tenant’s permission had damaged the mailbox.

All other amounts ordered above are proved. Filing fee reimbursement

Because Home365 Property Management Limited Carol Yin has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5233273 — net $6,240.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exit cleaning	$345.00	Exit cleaning
Rubbish removal	$50.00	Rubbish removal
Lock/key replacement: External locks x 3	$345.00	Lock/key replacement: External locks x 3
Lock/key replacement: Garage remote x 1	$345.00	Lock/key replacement: Garage remote x 1
Repairs: Internal door locks x 5	$833.75	Repairs: Internal door locks x 5
Repairs: Damaged door x 1	$575.00	Repairs: Damaged door x 1
Repairs: Wall painting	$2,857.50	Repairs: Wall painting
Repairs: Plastering	$747.50	Repairs: Plastering
Repairs: Waste disposer	$115.00	Repairs: Waste disposer
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,240.75
Total payable by Tenant to Landlord	$6,240.75

Order

Joanne Carolyn Ward, Jessica Ellen Ward and Jason Robert Strang must pay Home365 Property Management Limited Carol Yin $6,240.75 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing. The landlord attended in person and was assisted by a Mandarin interpreter. The tenants attended via teleconference.
The landlord has applied for the following: a. Exit cleaning cost of $345.00 b. Rubbish removal fee of $575.00 c. Key replacement cost of $345.00 d. Garage remote fob replacement cost of $345.00 e. Internal door lock replacement cost of $833.75 f. Door repair cost of $575.00 g. Plastering cost of $747.50 h. Wall painting cost of $2,587.50 i. Waste disposer repair cost of $115.00 j. Mailbox repair cost of $172.50 k. Filing fee reimbursement of $27.00
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. See section 40(1)(e) Residential Tenancies Act 1986 (“RTA”).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant was given an opportunity to come back to clean and remove the rubbish that had been left at the address. However, the landlord had said that the tenant would be charged $150.00 per half an hour.
There was a bed and some sofas along with other children’s belongings left behind by the tenant.
When a tenant leaves goods behind at the end of the tenancy, the landlord must make all reasonable efforts to contact the tenant and to agree with the tenant on a period within which the tenant is to collect the goods.
There was no evidence of the landlord trying to follow the correct procedure for either storing the goods, having them valued or applying to the Tribunal to have them disposed of. The landlord simply tried to treat them as rubbish and tried to charge the tenant $150.00 for each half hour taken by the tenant to have them removed.
The tenant emailed the landlord saying that they were willing to sell them to offset the amount owing to the landlord but could not afford to pay $150.00 per half hour to go and clean and remove the items. That is why the tenant could not go to collect the goods left behind.
I do not what the landlord had done was reasonable. The landlord did not do what reasonably should have been done to mitigate the situation.
I grant the full amount of $345.00 for exit cleaning but only grant $50.00 for rubbish removal as the landlord had wrongly disposed of the tenant’s goods. The items could have been sold by the tenant to offset the amount owing to the landlord or could have been used by the tenant at the subsequent tenancy.
For keys and the garage remote fob, the tenant said that she had posted it to the tenancy address after the tenancy had ended. However, there was no evidence to support this and the landlord confirmed that they had not received anything.
I am not satisfied that the key had been returned to the landlord safely.
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. 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: internal door locks, one door, walls and the waste disposer. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The only claim that the landlord could not prove was for the mailbox damage. I do not find that the landlord has proven that the tenant or someone with the tenant’s permission had damaged the mailbox.
All other amounts ordered above are proved. Filing fee reimbursement
Because Home365 Property Management Limited Carol Yin has wholly succeeded with the claim, the tenant must reimburse the filing fee.

Tenancy Tribunal case 5233273 — Property damage at 25D Lynbrooke Avenue, Blockhouse Bay, Auckland 0600

At a glance

Tenancy Tribunal case 5233273 — Property damage at 25D Lynbrooke Avenue, Blockhouse Bay, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions