What was the outcome of Tenancy Tribunal case 4342247?

The tribunal order states: Lisa Jones must pay Brett COOPER $11,659.71 immediately, calculated as

How much money was awarded in case 4342247?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $120.00 awarded to landlord; Removal Of Wall Unit: $2,390.00 awarded to landlord; Property Damage: $840.00 awarded to landlord; Plastering And Repainting Walls: $2,625.00 awarded to landlord; Replace Rimu Doors Throughout: $4,234.00 awarded to landlord; Rubbish Removal: $1,230.27 awarded to landlord

What type of tenancy dispute was case 4342247?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4342247?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10326651-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4342247?

The tribunal order states: Lisa Jones must pay Brett COOPER $11,659.71 immediately, calculated as

How much money was awarded in case 4342247?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $120.00 awarded to landlord; Removal Of Wall Unit: $2,390.00 awarded to landlord; Property Damage: $840.00 awarded to landlord; Plastering And Repainting Walls: $2,625.00 awarded to landlord; Replace Rimu Doors Throughout: $4,234.00 awarded to landlord; Rubbish Removal: $1,230.27 awarded to landlord

What type of tenancy dispute was case 4342247?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4342247?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10326651-Tenancy_Tribunal_Order.pdf.

16 Freestone Place, Manapouri, Manapouri 9679 Tenancy Tribunal Case 4342247 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4342247 — net $11,659.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Builders' costs to repairs walls	$840.00	Repairs: Builders' costs to repairs walls
Repairs: Plastering and repainting walls	$2,625.00	Repairs: Plastering and repainting walls
Removal of wall unit	$2,390.00	Removal of wall unit
Replace rimu doors throughout	$4,234.00	Replace rimu doors throughout
Kitchen cupboard repairs	$120.00	Kitchen cupboard repairs
Skip bin and rubbish removal	$1,230.27	Skip bin and rubbish removal
Lawns and Garden work	$200.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,659.71
Total payable by Tenant to Landlord	$11,659.71

The tenant failed to attend today’s hearing.

The landlord has applied for compensation for clean-up costs, and reimbursement of the filing fee following the end of the tenancy.

By way of back ground, this tenancy came to an end on 23 January 2022.

A previous order of the Tenancy Tribunal, dated 27 January 2022, provided for termination and possession, refund of the bond and rent arrears. That award has been paid.

The landlord had hoped to recoup the costs of the clean-up with a wall unit that was left behind.

It transpires that that was in fact stolen. After a police investigation it was returned to its rightful owner. The landlord had to meet the cost of its removal.

The landlord has located the whereabouts of the tenant’s current address and has subsequently filed an application to recover the clean-up costs.

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:

There were five rimu doors damaged. A number of holes throughout the house were also caused during the tenancy. The landlord did not have insurance to cover the costs.

There was also damage to the kitchen cupboards.

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

Because Brett COOPER has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4342247 — net $11,659.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Builders' costs to repairs walls	$840.00	Repairs: Builders' costs to repairs walls
Repairs: Plastering and repainting walls	$2,625.00	Repairs: Plastering and repainting walls
Removal of wall unit	$2,390.00	Removal of wall unit
Replace rimu doors throughout	$4,234.00	Replace rimu doors throughout
Kitchen cupboard repairs	$120.00	Kitchen cupboard repairs
Skip bin and rubbish removal	$1,230.27	Skip bin and rubbish removal
Lawns and Garden work	$200.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$11,659.71
Total payable by Tenant to Landlord	$11,659.71

Order

Lisa Jones must pay Brett COOPER $11,659.71 immediately, calculated as shown in table below.

Reasons

The tenant failed to attend today’s hearing.
The landlord has applied for compensation for clean-up costs, and reimbursement of the filing fee following the end of the tenancy.
By way of back ground, this tenancy came to an end on 23 January 2022.
A previous order of the Tenancy Tribunal, dated 27 January 2022, provided for termination and possession, refund of the bond and rent arrears. That award has been paid.
The landlord had hoped to recoup the costs of the clean-up with a wall unit that was left behind.
It transpires that that was in fact stolen. After a police investigation it was returned to its rightful owner. The landlord had to meet the cost of its removal.
The landlord has located the whereabouts of the tenant’s current address and has subsequently filed an application to recover the clean-up costs.

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:
There were five rimu doors damaged. A number of holes throughout the house were also caused during the tenancy. The landlord did not have insurance to cover the costs.
There was also damage to the kitchen cupboards.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the 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.
Because Brett COOPER has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4342247 — Property damage at 16 Freestone Place, Manapouri, Manapouri 9679

At a glance

Tenancy Tribunal case 4342247 — Property damage at 16 Freestone Place, Manapouri, Manapouri 9679

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

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