What was Tenancy Tribunal case 5454789 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5454789?

Cleaning: $347.37 awarded to landlord; Carpet: $320.48 awarded to landlord; Property Damage: $43.88 awarded to landlord; Rubbish Removal: $537.75 awarded to landlord; Rubbish Removal: $328.42 awarded to landlord

What type of tenancy dispute was case 5454789?

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

Where can I read the official tribunal order for case 5454789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13837236-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5454789 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5454789?

Cleaning: $347.37 awarded to landlord; Carpet: $320.48 awarded to landlord; Property Damage: $43.88 awarded to landlord; Rubbish Removal: $537.75 awarded to landlord; Rubbish Removal: $328.42 awarded to landlord

What type of tenancy dispute was case 5454789?

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

Where can I read the official tribunal order for case 5454789?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13837236-Tenancy_Tribunal_Order.pdf.

13 Kawakawa Lane, Fairfield, Lower Hutt 5011 Tenancy Tribunal Case 5454789 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5454789 — net $1,577.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Carpet	$320.48	Repairs: Carpet
Cleaning	$347.37	Cleaning
Rubbish removal: Exterior	$537.75	Rubbish removal: Exterior
Rubbish removal: Interior	$328.42	Rubbish removal: Interior
Repairs: Wall damage bedroom 2	$43.88	Repairs: Wall damage bedroom 2
Net award	$1,577.90
Total payable by Tenant to Landlord	$1,577.90

The Landlord attended the hearing. The Tenant did not appear.

The landlord has applied for compensation 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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The Landlord submitted the kitchen cupboards, stove and lounge required cleaning to bring the property to a reasonable clean and tidy standard. There was rubbish outside and inside that required disposal including a three seater couch, mattress, wooden furniture and items outside and in the shed. Photographs of the exit inspection and charges were provided to substantiate the costs.

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 identified was caused during the tenancy: damage to the living room carpet and a hole in the wall of bedroom 2. The Landlord submitted that the property, including the carpet, was brand new at the start of the tenancy.

The Landlord further submitted that the living room carpet was left with multiple stains, including red marks and grease marks. The Landlord’s contractors assessed the carpet and recommended replacement. Exit inspection reports were provided, together with invoices for the carpet replacement.

In relation to the wall damage in bedroom 2, photographs were provided showing a hole in the wall and an invoice for the repair.

In considering the evidence, I find that the damage to the living room carpet and the hole in the bedroom wall exceeds what could reasonably be considered fair wear and tear. The property was new at the start of the tenancy.

The inspection report photographs confirm the presence of stains on the living room carpet; however, the extent of the staining does not, justify full replacement of the carpet. I consider that a partial allowance is appropriate, and I therefore award half of the amount claimed for carpet replacement.

In relation to the bedroom 2 wall damage, I am satisfied that the hole shown in the photographs is damage beyond fair wear and tear. The Tenant has not provided sufficient evidence to disprove liability for this damage.

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.

Reasons

Claims and awards in Tenancy Tribunal application 5454789 — net $1,577.90 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Carpet	$320.48	Repairs: Carpet
Cleaning	$347.37	Cleaning
Rubbish removal: Exterior	$537.75	Rubbish removal: Exterior
Rubbish removal: Interior	$328.42	Rubbish removal: Interior
Repairs: Wall damage bedroom 2	$43.88	Repairs: Wall damage bedroom 2
Net award	$1,577.90
Total payable by Tenant to Landlord	$1,577.90

The Landlord attended the hearing. The Tenant did not appear.

The landlord has applied for compensation following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

In relation to the wall damage in bedroom 2, photographs were provided showing a hole in the wall and an invoice for the repair.

The amounts ordered are proved.

Tenancy Tribunal case 5454789 — Property damage at 13 Kawakawa Lane, Fairfield, Lower Hutt 5011

At a glance

Tenancy Tribunal case 5454789 — Property damage at 13 Kawakawa Lane, Fairfield, Lower Hutt 5011

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