What was the outcome of Tenancy Tribunal case 4440780?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4440780?

Filing Fee: $20.44 awarded to landlord; Rubbish Removal: $4,088.25 awarded to landlord

What type of tenancy dispute was case 4440780?

The dispute type was not classified.

Where can I read the official tribunal order for case 4440780?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9259638-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4440780?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4440780?

Filing Fee: $20.44 awarded to landlord; Rubbish Removal: $4,088.25 awarded to landlord

What type of tenancy dispute was case 4440780?

The dispute type was not classified.

Where can I read the official tribunal order for case 4440780?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9259638-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 261 Great South Road, Manurewa, Auckland Tenancy Tribunal Case 4440780 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4440780 — net $4,108.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
moval of graffiti from garage, replace missing curtains, rubbish removal, change locks & keys, & compensation for damage	$4,088.25	moval of graffiti from garage, replace missing curtains, rubbish removal, change locks & keys, & compensation for damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,108.69
Total payable by Tenant to Landlord	$4,108.69

This matter is before me as a rehearing.

The hearing is heard de novo. That is, I am hearing the case afresh based on the evidence and arguments presented to me.

The agent attended the hearing. The tenant did not attend. The absence of a party does not prevent the hearing from proceeding.

The landlord has applied for compensation 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.

On the evidence presented, I find the landlord proved to the required standard that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, did not return the keys and the curtains were missing at the end of the tenancy.

The landlord relied on the property inspection report at the start of the tenancy and the property inspection report at the end of the tenancy, photographs and an invoice.

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: the bedroom window was broken, the lock on the ranch slider was broken, the door and drawers of the kitchen cabinet were broken, the rollers on the shower door were broken and missing, the walls and ceilings were damaged and had holes throughout the property, the power point in the kitchen was broken and main power board cover was broken. 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. I consider depreciation does not apply as the property was newly decorated at the start.

The claim for the missing window handle in the lounge is dismissed. There is insufficient evidence to establish that the repair were not simply required because of fair wear and tear and/or a general maintenance issue.

As the landlord has substantially succeeded with the claim, I have ordered the other party to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4440780 — net $4,108.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
moval of graffiti from garage, replace missing curtains, rubbish removal, change locks & keys, & compensation for damage	$4,088.25	moval of graffiti from garage, replace missing curtains, rubbish removal, change locks & keys, & compensation for damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,108.69
Total payable by Tenant to Landlord	$4,108.69

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Lisa Hemopo must pay Pro Edge Property Management Limited As Agent For Kssj Holdings Nz Ltd $4,108.69 immediately, calculated as shown in the table below.

Reasons

This matter is before me as a rehearing.
The hearing is heard de novo. That is, I am hearing the case afresh based on the evidence and arguments presented to me.
The agent attended the hearing. The tenant did not attend. The absence of a party does not prevent the hearing from proceeding.
The landlord has applied for compensation 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.
On the evidence presented, I find the landlord proved to the required standard that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish, did not return the keys and the curtains were missing at the end of the tenancy.
The landlord relied on the property inspection report at the start of the tenancy and the property inspection report at the end of the tenancy, photographs and an invoice.
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: the bedroom window was broken, the lock on the ranch slider was broken, the door and drawers of the kitchen cabinet were broken, the rollers on the shower door were broken and missing, the walls and ceilings were damaged and had holes throughout the property, the power point in the kitchen was broken and main power board cover was broken. 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. I consider depreciation does not apply as the property was newly decorated at the start.
The claim for the missing window handle in the lounge is dismissed. There is insufficient evidence to establish that the repair were not simply required because of fair wear and tear and/or a general maintenance issue.
As the landlord has substantially succeeded with the claim, I have ordered the other party to reimburse the filing fee.

Tenancy Tribunal case 4440780 — Tenancy dispute at Unit/Flat 2, 261 Great South Road, Manurewa, Auckland

At a glance

Tenancy Tribunal case 4440780 — Tenancy dispute at Unit/Flat 2, 261 Great South Road, Manurewa, Auckland

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