What was the outcome of Tenancy Tribunal case 4550654?

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

How much money was awarded in case 4550654?

Cleaning: $344.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lost Rent: $1,300.00 awarded to landlord; Oven And Dishwasher: $684.87 awarded to landlord; Replace Furnishings: TV: $284.05 awarded to landlord; Cleaning: $317.12 awarded to landlord; Rubbish Removal: $230.75 awarded to landlord; Storage Costs: $540.00 awarded to landlord

What type of tenancy dispute was case 4550654?

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

Where can I read the official tribunal order for case 4550654?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9274555-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4550654?

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

How much money was awarded in case 4550654?

Cleaning: $344.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lost Rent: $1,300.00 awarded to landlord; Oven And Dishwasher: $684.87 awarded to landlord; Replace Furnishings: TV: $284.05 awarded to landlord; Cleaning: $317.12 awarded to landlord; Rubbish Removal: $230.75 awarded to landlord; Storage Costs: $540.00 awarded to landlord

What type of tenancy dispute was case 4550654?

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

Where can I read the official tribunal order for case 4550654?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9274555-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2J, 508 Queen Street, Auckland Central, Auckland Tenancy Tribunal Case 4550654 — Property damage

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Unit/Flat 2J, 508 Queen Street, Auckland Central, Auckland Tenancy Tribunal Case 4550654 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4550654 — net $3,721.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
insurance excesses – damage, lost keys/fobs, lost rent during repairs	$1,300.00	insurance excesses – damage, lost keys/fobs, lost rent during repairs
Rubbish removal	$230.75	Rubbish removal
Storage costs	$540.00	Storage costs
Carpet Cleaning	$344.00	Carpet Cleaning
Replace furnishings: TV	$284.05	Replace furnishings: TV
Replace furnishings: Vacuum Cleaner	$317.12	Replace furnishings: Vacuum Cleaner
Repairs: oven and dishwasher	$684.87	Repairs: oven and dishwasher
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,721.23
Total payable by Tenant to Landlord	$3,721.23

Claims and awards for application 4550654 — net $3,721.23 NZD. Verify on MoJ.

insurance excesses – damage, lost keys/fobs, lost rent during repairs

Amount: $1,300.00
Awarded to: Landlord
Reason: insurance excesses – damage, lost keys/fobs, lost rent during repairs

Rubbish removal

Amount: $230.75
Awarded to: Landlord
Reason: Rubbish removal

Storage costs

Amount: $540.00
Awarded to: Landlord
Reason: Storage costs

Carpet Cleaning

Amount: $344.00
Awarded to: Landlord
Reason: Carpet Cleaning

Replace furnishings: TV

Amount: $284.05
Awarded to: Landlord
Reason: Replace furnishings: TV

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lost Rent Property damage Cleanliness Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Vanessa Gail Mauheni must pay Wai Yee Lee $3,721.23 immediately, calculated as shown in table below. DescriptionLandlord insurance excesses – damage, lost keys/fobs, lost rent during repairs $1,300.00 Rubbish removal$230.75 Storage costs$540.00 Carpet Cleaning$344.00 Replace furnishings: TV$284.05 Replace furnishings: Vacuum Cleaner$317.12 Repairs: oven and dishwasher$684.87 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$3,721.23

Reasons

Only the landlord attended the hearing.
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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys and other security devices.
The following chattels were missing at the end of the tenancy: a. A TV provided new at the start of the tenancy. b. The vacuum cleaner.
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: a. Damage to the oven and dishwasher b. Damage to tiles. c. Extensive damage to the walls. d. Staining to the carpet.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Of note, a significant amount of the damage was covered by the landlord’s insurance company (in excess of $13,000) and the amount claimed is the insurance excesses on those claims only.
In relation to the damage to the oven and dishwasher the damage to each was less than the insurance excess, so was not part of the insurance claim. While the total cost of repairs is more than the excess, I consider it likely that the insurer would have required two excesses to be paid for these, given they ate separate incidents.
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 Wai Yee Lee has wholly succeeded with the claim I must order reimbursement of the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4550654 — net $3,721.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
insurance excesses – damage, lost keys/fobs, lost rent during repairs	$1,300.00	insurance excesses – damage, lost keys/fobs, lost rent during repairs
Rubbish removal	$230.75	Rubbish removal
Storage costs	$540.00	Storage costs
Carpet Cleaning	$344.00	Carpet Cleaning
Replace furnishings: TV	$284.05	Replace furnishings: TV
Replace furnishings: Vacuum Cleaner	$317.12	Replace furnishings: Vacuum Cleaner
Repairs: oven and dishwasher	$684.87	Repairs: oven and dishwasher
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,721.23
Total payable by Tenant to Landlord	$3,721.23

Claims and awards for application 4550654 — net $3,721.23 NZD. Verify on MoJ.

insurance excesses – damage, lost keys/fobs, lost rent during repairs

Amount: $1,300.00
Awarded to: Landlord
Reason: insurance excesses – damage, lost keys/fobs, lost rent during repairs

Rubbish removal

Amount: $230.75
Awarded to: Landlord
Reason: Rubbish removal

Storage costs

Amount: $540.00
Awarded to: Landlord
Reason: Storage costs

Carpet Cleaning

Amount: $344.00
Awarded to: Landlord
Reason: Carpet Cleaning

Replace furnishings: TV

Amount: $284.05
Awarded to: Landlord
Reason: Replace furnishings: TV

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lost Rent Property damage Cleanliness Rubbish Removal

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Vanessa Gail Mauheni must pay Wai Yee Lee $3,721.23 immediately, calculated as shown in table below. DescriptionLandlord insurance excesses – damage, lost keys/fobs, lost rent during repairs $1,300.00 Rubbish removal$230.75 Storage costs$540.00 Carpet Cleaning$344.00 Replace furnishings: TV$284.05 Replace furnishings: Vacuum Cleaner$317.12 Repairs: oven and dishwasher$684.87 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$3,721.23

Reasons

Only the landlord attended the hearing.
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.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys and other security devices.
The following chattels were missing at the end of the tenancy: a. A TV provided new at the start of the tenancy. b. The vacuum cleaner.
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: a. Damage to the oven and dishwasher b. Damage to tiles. c. Extensive damage to the walls. d. Staining to the carpet.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Of note, a significant amount of the damage was covered by the landlord’s insurance company (in excess of $13,000) and the amount claimed is the insurance excesses on those claims only.
In relation to the damage to the oven and dishwasher the damage to each was less than the insurance excess, so was not part of the insurance claim. While the total cost of repairs is more than the excess, I consider it likely that the insurer would have required two excesses to be paid for these, given they ate separate incidents.
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 Wai Yee Lee has wholly succeeded with the claim I must order reimbursement of the filing fee.

Tenancy Tribunal case 4550654 — Property damage at Unit/Flat 2J, 508 Queen Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 4550654 — Property damage at Unit/Flat 2J, 508 Queen Street, Auckland Central, Auckland

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