What was the outcome of Tenancy Tribunal case 5415737?

The tribunal order states: Hinetekawa Niniarangi May-Jones to pay TPM Rotorua Limited As Agent For

How much money was awarded in case 5415737?

Cleaning: $890.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $557.06 awarded to landlord; Property Damage: $2,413.79 awarded to landlord; Property Damage: $487.38 awarded to landlord; Rubbish Removal: $875.00 awarded to landlord

What type of tenancy dispute was case 5415737?

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

Where can I read the official tribunal order for case 5415737?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13230162-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5415737?

The tribunal order states: Hinetekawa Niniarangi May-Jones to pay TPM Rotorua Limited As Agent For

How much money was awarded in case 5415737?

Cleaning: $890.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $557.06 awarded to landlord; Property Damage: $2,413.79 awarded to landlord; Property Damage: $487.38 awarded to landlord; Rubbish Removal: $875.00 awarded to landlord

What type of tenancy dispute was case 5415737?

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

Where can I read the official tribunal order for case 5415737?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13230162-Tenancy_Tribunal_Order.pdf.

55A Mamaku Street, Mamaku, Mamaku 3020 Tenancy Tribunal Case 5415737 — Property damage

Claims and awards in Tenancy Tribunal application 5415737. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
as follows: Description of AwardAmount Cleaning on vacate (including carpet cleaning and removal of rubbish from inside	$890.00	as follows: Description of AwardAmount Cleaning on vacate (including carpet cleaning and removal of rubbish from inside
Rubbish removal from garage and exterior areas	$875.00	Rubbish removal from garage and exterior areas
Damage to hot water cylinder (vehicle impact during tenancy	$557.06	Damage to hot water cylinder (vehicle impact during tenancy
Various property damage (holes in walls, door damage, door replacements	$2,413.79	Various property damage (holes in walls, door damage, door replacements
Broken window repair (two panes	$487.38	Broken window repair (two panes
Tenancy Tribunal filing fee reimbursement	$28.00	Tenancy Tribunal filing fee reimbursement

Claims and awards in Tenancy Tribunal application 5415737. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

as follows: Description of AwardAmount Cleaning on vacate (including carpet cleaning and removal of rubbish from inside

$890.00

as follows: Description of AwardAmount Cleaning on vacate (including carpet cleaning and removal of rubbish from inside

Rubbish removal from garage and exterior areas

$875.00

Rubbish removal from garage and exterior areas

Damage to hot water cylinder (vehicle impact during tenancy

$557.06

Damage to hot water cylinder (vehicle impact during tenancy

Various property damage (holes in walls, door damage, door replacements

$2,413.79

Various property damage (holes in walls, door damage, door replacements

Broken window repair (two panes

$487.38

Broken window repair (two panes

Tenancy Tribunal filing fee reimbursement

$28.00

Tenancy Tribunal filing fee reimbursement

Order

Hinetekawa Niniarangi May-Jones to pay TPM Rotorua Limited As Agent For Vashti & Manoj Manhas $5,251.23, calculated as follows: Description of AwardAmount Cleaning on vacate (including carpet cleaning and removal of rubbish from inside the house) $890.00 Rubbish removal from garage and exterior areas$875.00 Damage to hot water cylinder (vehicle impact during tenancy)$557.06 Various property damage (holes in walls, door damage, door replacements) $2,413.79 Broken window repair (two panes)$487.38 Tenancy Tribunal filing fee reimbursement$28.00 Total Award$5,251.23 Bond already refunded to Landlord-$2,600.00 Tenant to pay$2,651.23

Reasons

The Landlord attended the hearing.

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, 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 did not leave the premises reasonably clean and tidy and did not remove all rubbish: a. Cleaning on vacate $890.00 – the property manager was present at the commencement of the tenancy, during, and at the end. He explained how the condition of the tenancy had deteriorated significantly by the vacate date, and the tenants left without cleaning the oven, wall and floor surfaces. Carpets in this three-bedroom home were cleaned at a cost of approximately $250.00. The cleaners had to move significant rubbish from out of the house. I approve the amount claimed for cleaning. b. Rubbish Removal on vacate $875.00 – the rubbish removed from the garage and outside of the property included household rubbish, appliance and furniture, together with substantial amounts of car parts. I approve the amount claimed for rubbish removal.

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. Damage to H/water cylinder during tenancy $557.06 – a car had driven into the hot water cylinder during the tenancy, the Landlord said, requiring replacement of the cylinder. b. Various damages to property on vacate $2413.79 – holes in walls and behind doors, two doors required replacement. This damage was not present prior to the commencement of the tenancy. c. Broken window repair on vacate $487.38 – two windowpanes were broken during the tenancy.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I approve these claims.

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.

The landlord has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5415737. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
as follows: Description of AwardAmount Cleaning on vacate (including carpet cleaning and removal of rubbish from inside	$890.00	as follows: Description of AwardAmount Cleaning on vacate (including carpet cleaning and removal of rubbish from inside
Rubbish removal from garage and exterior areas	$875.00	Rubbish removal from garage and exterior areas
Damage to hot water cylinder (vehicle impact during tenancy	$557.06	Damage to hot water cylinder (vehicle impact during tenancy
Various property damage (holes in walls, door damage, door replacements	$2,413.79	Various property damage (holes in walls, door damage, door replacements
Broken window repair (two panes	$487.38	Broken window repair (two panes
Tenancy Tribunal filing fee reimbursement	$28.00	Tenancy Tribunal filing fee reimbursement

Claims and awards in Tenancy Tribunal application 5415737. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

as follows: Description of AwardAmount Cleaning on vacate (including carpet cleaning and removal of rubbish from inside

$890.00

as follows: Description of AwardAmount Cleaning on vacate (including carpet cleaning and removal of rubbish from inside

Rubbish removal from garage and exterior areas

$875.00

Rubbish removal from garage and exterior areas

Damage to hot water cylinder (vehicle impact during tenancy

$557.06

Damage to hot water cylinder (vehicle impact during tenancy

Various property damage (holes in walls, door damage, door replacements

$2,413.79

Various property damage (holes in walls, door damage, door replacements

Broken window repair (two panes

$487.38

Broken window repair (two panes

Tenancy Tribunal filing fee reimbursement

$28.00

Tenancy Tribunal filing fee reimbursement

Order

Hinetekawa Niniarangi May-Jones to pay TPM Rotorua Limited As Agent For Vashti & Manoj Manhas $5,251.23, calculated as follows: Description of AwardAmount Cleaning on vacate (including carpet cleaning and removal of rubbish from inside the house) $890.00 Rubbish removal from garage and exterior areas$875.00 Damage to hot water cylinder (vehicle impact during tenancy)$557.06 Various property damage (holes in walls, door damage, door replacements) $2,413.79 Broken window repair (two panes)$487.38 Tenancy Tribunal filing fee reimbursement$28.00 Total Award$5,251.23 Bond already refunded to Landlord-$2,600.00 Tenant to pay$2,651.23

Reasons

The Landlord attended the hearing.
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, 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 did not leave the premises reasonably clean and tidy and did not remove all rubbish: a. Cleaning on vacate $890.00 – the property manager was present at the commencement of the tenancy, during, and at the end. He explained how the condition of the tenancy had deteriorated significantly by the vacate date, and the tenants left without cleaning the oven, wall and floor surfaces. Carpets in this three-bedroom home were cleaned at a cost of approximately $250.00. The cleaners had to move significant rubbish from out of the house. I approve the amount claimed for cleaning. b. Rubbish Removal on vacate $875.00 – the rubbish removed from the garage and outside of the property included household rubbish, appliance and furniture, together with substantial amounts of car parts. I approve the amount claimed for rubbish removal.

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. Damage to H/water cylinder during tenancy $557.06 – a car had driven into the hot water cylinder during the tenancy, the Landlord said, requiring replacement of the cylinder. b. Various damages to property on vacate $2413.79 – holes in walls and behind doors, two doors required replacement. This damage was not present prior to the commencement of the tenancy. c. Broken window repair on vacate $487.38 – two windowpanes were broken during the tenancy.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I approve these claims.
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.
The landlord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5415737 — Property damage at 55A Mamaku Street, Mamaku, Mamaku 3020

At a glance

Tenancy Tribunal case 5415737 — Property damage at 55A Mamaku Street, Mamaku, Mamaku 3020

At a glance

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

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