What was Tenancy Tribunal case 5344543 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5344543?

Cleaning: $938.60 awarded to landlord; Cleaning: $68.86 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $2,700.00 awarded to landlord; Property Damage: $139.12 awarded to landlord; Property Damage: $11.00 awarded to landlord; Property Damage: $4.83 awarded to landlord; Property Damage: $38.64 awarded to landlord; Property Damage: $19.31 awarded to landlord; Property Damage: $19.31 awarded to landlord; Property Damage: $19.32 awarded to landlord; Replace Rangehood Filters: $133.29 awarded to landlord; Rubbish Removal: $339.00 awarded to landlord

What type of tenancy dispute was case 5344543?

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

Where can I read the official tribunal order for case 5344543?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13480183-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5344543 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5344543?

Cleaning: $938.60 awarded to landlord; Cleaning: $68.86 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $2,700.00 awarded to landlord; Property Damage: $139.12 awarded to landlord; Property Damage: $11.00 awarded to landlord; Property Damage: $4.83 awarded to landlord; Property Damage: $38.64 awarded to landlord; Property Damage: $19.31 awarded to landlord; Property Damage: $19.31 awarded to landlord; Property Damage: $19.32 awarded to landlord; Replace Rangehood Filters: $133.29 awarded to landlord; Rubbish Removal: $339.00 awarded to landlord

What type of tenancy dispute was case 5344543?

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

Where can I read the official tribunal order for case 5344543?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13480183-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5344543 — Property damage

Claims and awards in Tenancy Tribunal application 5344543 — net $5,459.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repairs: Replace and repair internal garage doorknob set

$19.31

Repairs: Replace and repair internal garage doorknob set

Repairs: Replace and repair hallway cupboard door handle

$19.31

Repairs: Replace and repair hallway cupboard door handle

Repairs: Repair cold tap fitting in laundry for washing machine

$4.83

Repairs: Repair cold tap fitting in laundry for washing machine

Repairs: Paint, roller kit and tape to repair walls throughout property

$139.12

Repairs: Paint, roller kit and tape to repair walls throughout property

Repairs: Replace and repair walk in closet doorknob set

$19.32

Repairs: Replace and repair walk in closet doorknob set

Repairs: Replace and repair 2 x bathroom doorknob set

$38.64

Repairs: Replace and repair 2 x bathroom doorknob set

Repairs: Plasterboard filler to repair holes and dents in walls throughout house

$11.00

Repairs: Plasterboard filler to repair holes and dents in walls throughout house

Repairs: Replace rangehood filters

$133.29

Repairs: Replace rangehood filters

Repairs: Labour for house repairs

$2,700.00

Repairs: Labour for house repairs

Insurance excess x 2 for damage to garage and master bedroom

$1,000.00

Insurance excess x 2 for damage to garage and master bedroom

Rubbish removal: 9m3

$339.00

Rubbish removal: 9m3

Cleaning: Curtains x 18

$938.60

Cleaning: Curtains x 18

Cleaning: supplies

$68.86

Cleaning: supplies

Filing fee reimbursement

$28.00

Filing fee reimbursement

Net award

$5,459.28

Total payable by Tenant to Landlord

$5,459.28

Reasons

The landlords attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlords applied for compensation, and reimbursement of the filing fee following the end of the tenancy. Background

The landlord’s lived in the house, which was only two years old when the landlord’s let the premise to the tenant.

The landlords found themselves in personal circumstances where they had to move out of the premise for a year and chose to rent it out on a fixed term basis for that period. At the end of the fixed term tenancy, the house was sold.

During the tenancy, the premise was managed by a property management company, whose ex-employee attested was a reasonably trouble-free tenancy until the tenants got into rent arrears near the end of the tenancy and the tenancy ended after the recidivist rent breaches were not remedied.

At the end of the tenancy, as part of the sales and purchase process, a potential buyer had the house methamphetamine tested. At this stage the house had not been empty long and remedial work had just been completed. The methamphetamine results were extremely high throughout the high use areas of the house, with the highest reading of 37.8 micrograms per 100cm2 in the master bedroom and very high readings in the children’s bedrooms and lounge.

The property manager gave evidence the tenants had kept the house in a clean and undamaged condition until they were given notice termination the tenancy. It was after being given notice that significant damage to the premise occurred. The property inspection reports confirm this. Much of this damage is of a nature that looks intentional rather than careless.

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 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: a. Internal garage doorknob set was broken; b. Hallway cupboard door handle was broken; c. Cold tap fitting in laundry for washing machine was broken; d. Walls throughout the house had holes, scrapes and dents that required plastering and painting; e. Walk in closet doorknob set was broken; f. Two-bathroom doorknob sets were broken; g. Rangehood filter couldn’t be cleaned as it was so badly sained with oil and fat; and h. - Damage to the master bedroom and garage that was so extensive it resulted in two insurance claims with a combined insurance excess of $1,000.00.

The nature of the damage is more than fair wear and tear, cannot be classified as accidental and is of a nature that is more likely than not deliberate than the result of careless acts or omissions by the tenant or persons in the premise with the tenants’ permission. The tenant has not disproved liability for the damage.

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 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 applicants] have wholly succeeded with the claim I must reimburse the filing fee. Name suppression

The landlords apply for non-publication of their names and identifying details.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The landlords have wholly succeeded in these proceedings. I do not consider publication is in the public interest or justified because of the landlords conduct or any other circumstances of the case.

Non-publication is ordered.

Claims and awards in Tenancy Tribunal application 5344543 — net $5,459.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Repairs: Replace and repair internal garage doorknob set

$19.31

Repairs: Replace and repair internal garage doorknob set

Repairs: Replace and repair hallway cupboard door handle

$19.31

Repairs: Replace and repair hallway cupboard door handle

Repairs: Repair cold tap fitting in laundry for washing machine

$4.83

Repairs: Repair cold tap fitting in laundry for washing machine

Repairs: Paint, roller kit and tape to repair walls throughout property

$139.12

Repairs: Paint, roller kit and tape to repair walls throughout property

Repairs: Replace and repair walk in closet doorknob set

$19.32

Repairs: Replace and repair walk in closet doorknob set

Repairs: Replace and repair 2 x bathroom doorknob set

$38.64

Repairs: Replace and repair 2 x bathroom doorknob set

Repairs: Plasterboard filler to repair holes and dents in walls throughout house

$11.00

Repairs: Plasterboard filler to repair holes and dents in walls throughout house

Repairs: Replace rangehood filters

$133.29

Repairs: Replace rangehood filters

Repairs: Labour for house repairs

$2,700.00

Repairs: Labour for house repairs

Insurance excess x 2 for damage to garage and master bedroom

$1,000.00

Insurance excess x 2 for damage to garage and master bedroom

Rubbish removal: 9m3

$339.00

Rubbish removal: 9m3

Cleaning: Curtains x 18

$938.60

Cleaning: Curtains x 18

Cleaning: supplies

$68.86

Cleaning: supplies

Filing fee reimbursement

$28.00

Filing fee reimbursement

Net award

$5,459.28

Total payable by Tenant to Landlord

$5,459.28

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s names and identifying details.
Madelein Nel must pay [The landlords] $5,459.28 immediately, calculated as shown in table below.

Reasons

The landlords attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlords applied for compensation, and reimbursement of the filing fee following the end of the tenancy. Background
The landlord’s lived in the house, which was only two years old when the landlord’s let the premise to the tenant.
The landlords found themselves in personal circumstances where they had to move out of the premise for a year and chose to rent it out on a fixed term basis for that period. At the end of the fixed term tenancy, the house was sold.
During the tenancy, the premise was managed by a property management company, whose ex-employee attested was a reasonably trouble-free tenancy until the tenants got into rent arrears near the end of the tenancy and the tenancy ended after the recidivist rent breaches were not remedied.
At the end of the tenancy, as part of the sales and purchase process, a potential buyer had the house methamphetamine tested. At this stage the house had not been empty long and remedial work had just been completed. The methamphetamine results were extremely high throughout the high use areas of the house, with the highest reading of 37.8 micrograms per 100cm2 in the master bedroom and very high readings in the children’s bedrooms and lounge.
The property manager gave evidence the tenants had kept the house in a clean and undamaged condition until they were given notice termination the tenancy. It was after being given notice that significant damage to the premise occurred. The property inspection reports confirm this. Much of this damage is of a nature that looks intentional rather than careless.

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 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: a. Internal garage doorknob set was broken; b. Hallway cupboard door handle was broken; c. Cold tap fitting in laundry for washing machine was broken; d. Walls throughout the house had holes, scrapes and dents that required plastering and painting; e. Walk in closet doorknob set was broken; f. Two-bathroom doorknob sets were broken; g. Rangehood filter couldn’t be cleaned as it was so badly sained with oil and fat; and h. - Damage to the master bedroom and garage that was so extensive it resulted in two insurance claims with a combined insurance excess of $1,000.00.
The nature of the damage is more than fair wear and tear, cannot be classified as accidental and is of a nature that is more likely than not deliberate than the result of careless acts or omissions by the tenant or persons in the premise with the tenants’ permission. The tenant has not disproved liability for the damage.
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 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 applicants] have wholly succeeded with the claim I must reimburse the filing fee. Name suppression
The landlords apply for non-publication of their names and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlords have wholly succeeded in these proceedings. I do not consider publication is in the public interest or justified because of the landlords conduct or any other circumstances of the case.
Non-publication is ordered.

Tenancy Tribunal case 5344543 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5344543 — Property damage

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

Frequently asked questions

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

Frequently asked questions