What was Tenancy Tribunal case 5458030 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $836.60

How much money was awarded in case 5458030?

Cleaning: $112.60 awarded to landlord; Rent Credit: $16.00 awarded to tenant; Property Damage: $740.00 awarded to landlord

What type of tenancy dispute was case 5458030?

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

Where can I read the official tribunal order for case 5458030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13847269-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5458030 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities $836.60

How much money was awarded in case 5458030?

Cleaning: $112.60 awarded to landlord; Rent Credit: $16.00 awarded to tenant; Property Damage: $740.00 awarded to landlord

What type of tenancy dispute was case 5458030?

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

Where can I read the official tribunal order for case 5458030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13847269-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 104, 68A Leach Street, New Plymouth, New Tenancy Tribunal Case 5458030 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5458030 — net $836.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$112.60		5. The amount ordered for cleaning is proven.
Replace furnishings: Carpet replacement (depreciated	$740.00		Replace furnishings: Carpet replacement (depreciated
Rent credit		$16.00	Rent credit
Total award	$852.60	$16.00
Net award	$836.60
Total payable by Tenant to Landlord	$836.60

The landlord attended the hearing via remote video conference. The tenant did not join the hearing via the video or telephone link as instructed in the notice of hearing. The hearing continued in the absence of the tenant.

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 landlord claims that the tenant did not leave the premises reasonably clean and tidy at the end of the tenancy. The landlord says further cleaning of the kitchen and kitchen cupboards was required. The landlord provided a maintenance work order expense claim in support, along with comprehensive photographic evidence.

The amount ordered for cleaning is proven.

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: damage to carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord says that significant carpet staining, along with burn marks meant that the carpet had to be replaced. The carpet was approximately two years old. I have sighted the photographic evidence provided by the landlord, along with the maintenance work order expense claim. Depreciation has been applied to the amount awarded.

Having sighted the landlord’s evidence I am satisfied that the damage is intentional. The tenant is liable for the debt in respect of this.

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 carpet at the start of the tenancy and their likely useful lifespan.

The amount ordered for carpet replacement is proven.

Reasons

Claims and awards in Tenancy Tribunal application 5458030 — net $836.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$112.60		5. The amount ordered for cleaning is proven.
Replace furnishings: Carpet replacement (depreciated	$740.00		Replace furnishings: Carpet replacement (depreciated
Rent credit		$16.00	Rent credit
Total award	$852.60	$16.00
Net award	$836.60
Total payable by Tenant to Landlord	$836.60

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 amount ordered for cleaning is proven.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: damage to carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Having sighted the landlord’s evidence I am satisfied that the damage is intentional. The tenant is liable for the debt in respect of this.

The amount ordered for carpet replacement is proven.

Tenancy Tribunal case 5458030 — Property damage at Unit/Flat Unit 104, 68A Leach Street, New Plymouth, New

At a glance

Tenancy Tribunal case 5458030 — Property damage at Unit/Flat Unit 104, 68A Leach Street, New Plymouth, New

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