Published tribunal order
Tenancy Tribunal case 4551593 — Property damage at Unit/Flat 4, 475A Great South Road, Papatoetoe, Auckland
Decided 27 Nov 2023 · Published 27 Nov 2023 · Application 4551593
Landlord favoured
- Property damage
Order
- This order incorporates and replaces the Tribunal order made on 29 August 2023.
- Te Aroha Ihaka and Reihana Robinson must pay Oaks Property Management Limited as Agent for Tiffany Investments Ltd $9,413.49 immediately, calculated as shown in table below. DescriptionLandlord Previous order application 4479981 dated 13/03/2023$4,713.55 Filing fee reimbursement$20.44 Rubbish removal$2,300.00 Window repairs$230.00 Lock/key replacement$321.00 Heatpumpt replacement Total award $1,828.50 $9,413.49 Total payable by Tenant to Landlord$9,413.49
Reasons
- The landlord attended the hearings on 29 August and today, the tenants did not attend either hearing.
- On 29 August 2023, the Tribunal made these awards based on these reasons before adjourning the matter before me today: Te Aroha Ihaka and Reihana Robinson must pay Oaks Property Management Limited as Agent for Tiffany Investments Ltd $7,584.99 immediately, calculated as shown in table below. Description Landlord Previous order application 4479981 dated 13/03/2023 $4,713.55 Filing fee reimbursement $20.44 Rubbish removal $2,300.00 Window repairs $230.00 Lock/key replacement $321.00 Total award $7,584.99
- The landlord has applied for the remaining rent arrears previously ordered in a mediated order, application number 4479981, on 28 March 2023, compensation, filing fee and exemplary damages.
- The tenancy commenced on 24 April 2021 and terminated on 28 March 2023 after a mediation for termination, rent arrears and water bills.
- The landlord was awarded the rent arrears and the bond was refunded to them to offset the debt owed by the tenant. Once the bond had been deducted the tenants still owed the landlord $4713.55 in rent arrears and water bills as ordered in the mediated order dated 28 March 2023.
- I incorporate that remaining debt into this order.
- 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. 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 remove all rubbish from the property.
- The tenant did not return the keys.
- The landlord provided a final inspection report and attached photographs of the property at the end of the tenancy. The tenants left the house full of their possessions and rubbish.
- The landlord provided the Tribunal with an invoice from SDM Services dated 14 April 2023 for $2300.00 for rubbish removal. I am satisfied that the landlord has proven their claim for rubbish removal.
- At the end of the tenancy the tenants had left the property but there were sub- tenants still there. The sub tenants had to be trespassed. The keys were not returned to the landlord.
- The landlord provided the Tribunal with a copy of an invoice from Manukau Lock and Alarm Ltd dated 31 March 2023 for $321.00 for replacing the locks. I am satisfied that the landlord has proven their claim for the locksmith invoice.
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.
- There was a broken window in the house at the end of the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The landlord provided the Tribunal with an invoice for $230.00 from SDM Services dated 31 March 2023 for window repairs.
- I am satisfied that the landlord has proven their claim for the broken window.
- There is only one additional claim today that the landlord wishes to include. It is for heatpump replacement costs which heatpump was damaged by the tenants.
- The amounts ordered are proved. It incorporates the previous order of the Tribunal.
- The total amount payable by the tenant to the landlord is $9,413.49.