What was Tenancy Tribunal case 5385487 about?

The tribunal order states: [The tenant/s] to pay Jade Rental Properties Limited As Agent For Soon Chul

How much money was awarded in case 5385487?

Cleaning: $269.50 awarded to landlord; Cleaning: $316.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lightbulbs: $30.00 awarded to landlord; Panel Heater: $92.00 awarded to landlord; Curtain Rail: $24.00 awarded to landlord; Doors X 3: $300.00 awarded to landlord; Painting And Sanding: $250.00 awarded to landlord

What type of tenancy dispute was case 5385487?

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

Where can I read the official tribunal order for case 5385487?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13045898-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5385487 about?

The tribunal order states: [The tenant/s] to pay Jade Rental Properties Limited As Agent For Soon Chul

How much money was awarded in case 5385487?

Cleaning: $269.50 awarded to landlord; Cleaning: $316.25 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lightbulbs: $30.00 awarded to landlord; Panel Heater: $92.00 awarded to landlord; Curtain Rail: $24.00 awarded to landlord; Doors X 3: $300.00 awarded to landlord; Painting And Sanding: $250.00 awarded to landlord

What type of tenancy dispute was case 5385487?

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

Where can I read the official tribunal order for case 5385487?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13045898-Tenancy_Tribunal_Order.pdf.

2 Hinemoa Street, Paraparaumu 5032 Tenancy Tribunal Case 5385487 — Property damage

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 5385487 — net $1,309.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$316.25	6. The landlord provided photos of the premises at the commencement of the tenancy and also photos taken at the end of the tenancy.
Carpet Cleaning	$269.50	6. The landlord provided photos of the premises at the commencement of the tenancy and also photos taken at the end of the tenancy.
Light bulbs	$30.00	s required replacement due to an electrical fault. The tenant is ordered to pay $30.00.
Panel heater	$92.00	Panel heater
Repairs: Curtain rail	$24.00	Repairs: Curtain rail
Repairs: Painting and sanding	$250.00	______ 53854874 Taking those factors into account, the tenant is ordered to pay $250.00 to the landlord in compensation.
Repairs: Doors x 3	$300.00	Repairs: Doors x 3
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,309.75
Bond	$2,360.00
Total payable by Tenant to Landlord	$1,309.75

Claims and awards in Tenancy Tribunal application 5385487 — net $1,309.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Cleaning

$316.25

6. The landlord provided photos of the premises at the commencement of the tenancy and also photos taken at the end of the tenancy.

Carpet Cleaning

$269.50

6. The landlord provided photos of the premises at the commencement of the tenancy and also photos taken at the end of the tenancy.

Light bulbs

$30.00

s required replacement due to an electrical fault. The tenant is ordered to pay $30.00.

Panel heater

$92.00

Panel heater

Repairs: Curtain rail

$24.00

Repairs: Curtain rail

Repairs: Painting and sanding

$250.00

______ 53854874 Taking those factors into account, the tenant is ordered to pay $250.00 to the landlord in compensation.

Repairs: Doors x 3

$300.00

Repairs: Doors x 3

Filing fee reimbursement

$28.00

Filing fee reimbursement

Net award

$1,309.75

Bond

$2,360.00

Total payable by Tenant to Landlord

$1,309.75

Order

[The tenant/s] to pay Jade Rental Properties Limited As Agent For Soon Chul (Richard) Kwon $1,309.75 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,360.00 (BN-10065841) immediately apportioned as follows: Jade Rental Properties Limited As Agent For Soon Chul (Richard) Kwon: $1,309.75 [The tenant/s]: $1,050.25

Reasons

Both parties attended the remote hearing.

The tenant applied for release of the bond and over payment of rent.

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

The tenant had paid two weeks rent in advance. At the commencement of the tenancy. The rent summary provided by the landlord showed that that “rent in advance“ paid by the tenant had been included in the final calculation and no rent had been overpaid by the tenant. The tenant’s claim for overpayment of rent is dismissed.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photos of the premises at the commencement of the tenancy and also photos taken at the end of the tenancy. The photos indicate that the premises had not been left reasonably clean and tidy by the tenant and that both cleaning and carpet cleaning were required. The landlord provided invoices for cleaning of $316.25 and for carpet cleaning of $269.50. The amounts are reasonable and the claim is proven.

The tenant must also replace standard light bulbs. The landlord provided invoices for replacement light bulbs of $64.86. The tenants said that throughout the tenancy they had experienced problems with replacement bulbs blowing almost immediately. In the circumstances, I accept that some light bulbs did require replacement, but that others required replacement due to an electrical fault. The tenant is ordered to pay $30.00.

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. The landlord is insured. The landlord’s policy of insurance carries an excess of $1,000.00 on each and every claim.

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: There was minor damage to the walls throughout the premises. The landlord provided photos of the damage. The tenant said that some of the damage had been caused by fair wear and tear. This was a tenancy of almost five years. A degree of wear and tear is to be expected. The original claim by the landlord was for $1,418.53. That claim included a claim for the repair of doors. The landlord said that the amount allocated to doors in the that claim was $385.23. I have deducted that sum from the original claim and will deal with the claim for doors separately. A tradesman indicated that the age of the wallpaper in the premises was more than 40 years old.

Some of the damage is more than fair wear and tear, and the tenant has not disproved liability for that damage. In setting the compensation for the damage which is more than fair wear and tear, 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. Taking those factors into account, the tenant is ordered to pay $250.00 to the landlord in compensation.

Three doors were damaged during the tenancy. The tenant accepts liability for the damage. Initially, the landlord had attempted to carry out repairs to the doors. The landlord was not satisfied with that outcome and now seeks compensation by way of replacement of the three doors at a total cost of $4,370.00. The landlord was unable to provide any information on the age of the three wooden doors. It is likely that they are more than 40 years old.

As previously mentioned, in setting the compensation for the damage, 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. The tenant is ordered to pay $100.00 for each of the three doors.

As Jade Rental Properties Limited As Agent For Soon Chul (Richard) Kwon has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5385487 — net $1,309.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$316.25	6. The landlord provided photos of the premises at the commencement of the tenancy and also photos taken at the end of the tenancy.
Carpet Cleaning	$269.50	6. The landlord provided photos of the premises at the commencement of the tenancy and also photos taken at the end of the tenancy.
Light bulbs	$30.00	s required replacement due to an electrical fault. The tenant is ordered to pay $30.00.
Panel heater	$92.00	Panel heater
Repairs: Curtain rail	$24.00	Repairs: Curtain rail
Repairs: Painting and sanding	$250.00	______ 53854874 Taking those factors into account, the tenant is ordered to pay $250.00 to the landlord in compensation.
Repairs: Doors x 3	$300.00	Repairs: Doors x 3
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,309.75
Bond	$2,360.00
Total payable by Tenant to Landlord	$1,309.75

Claims and awards in Tenancy Tribunal application 5385487 — net $1,309.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Cleaning

$316.25

6. The landlord provided photos of the premises at the commencement of the tenancy and also photos taken at the end of the tenancy.

Carpet Cleaning

$269.50

6. The landlord provided photos of the premises at the commencement of the tenancy and also photos taken at the end of the tenancy.

Light bulbs

$30.00

s required replacement due to an electrical fault. The tenant is ordered to pay $30.00.

Panel heater

$92.00

Panel heater

Repairs: Curtain rail

$24.00

Repairs: Curtain rail

Repairs: Painting and sanding

$250.00

______ 53854874 Taking those factors into account, the tenant is ordered to pay $250.00 to the landlord in compensation.

Repairs: Doors x 3

$300.00

Repairs: Doors x 3

Filing fee reimbursement

$28.00

Filing fee reimbursement

Net award

$1,309.75

Bond

$2,360.00

Total payable by Tenant to Landlord

$1,309.75

Order

[The tenant/s] to pay Jade Rental Properties Limited As Agent For Soon Chul (Richard) Kwon $1,309.75 from the bond, calculated as shown in table below.

Reasons

Both parties attended the remote hearing.

The tenant applied for release of the bond and over payment of rent.

The landlord has applied for 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

Is the tenant responsible for the damage to the premises?

As Jade Rental Properties Limited As Agent For Soon Chul (Richard) Kwon has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 5385487 — Property damage at 2 Hinemoa Street, Paraparaumu 5032

At a glance

Tenancy Tribunal case 5385487 — Property damage at 2 Hinemoa Street, Paraparaumu 5032

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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