How much money was awarded in case 4563612?

Cleaning: $204.70 awarded to landlord; Electricity By Consent: $110.79 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lease Assignment Fee By Consent: $206.63 awarded to landlord; Wall: $299.00 awarded to landlord

What type of tenancy dispute was case 4563612?

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

Where can I read the official tribunal order for case 4563612?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9282309-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4563612?

Cleaning: $204.70 awarded to landlord; Electricity By Consent: $110.79 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lease Assignment Fee By Consent: $206.63 awarded to landlord; Wall: $299.00 awarded to landlord

What type of tenancy dispute was case 4563612?

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

Where can I read the official tribunal order for case 4563612?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9282309-Tenancy_Tribunal_Order.pdf.

Unit/Flat 11, 213 Jervois Road, Herne Bay, Auckland 1011 Tenancy Tribunal Case 4563612 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4563612?

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

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Order

Claims and awards in Tenancy Tribunal application 4563612 — net $841.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Electricity by consent	$110.79	Electricity by consent
Repairs: Wall	$299.00	Repairs: Wall
Carpet Cleaning	$204.70	Carpet Cleaning
Lease assignment fee by consent	$206.63	Lease assignment fee by consent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$841.56
Total payable by Tenant to Landlord	$841.56

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Daine William Anderson to pay Property Management Services 2020 Limited As Agent For Jervois Holdings Ltd $841.56 from the bond, calculated as shown in table below.

The Bond Centre is to pay $841.56 from the bond of $$1,540.00 (5972085-008) to Property Management Services 2020 Limited As Agent For Jervois Holdings Ltd immediately.

The balance of the bond of $698.44 is to remain at the Bond Centre.

Reasons

Both parties attended the hearing by teleconference.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The parties agreed for the Tenant to pay the Landlord the amount claimed for power and lease assignment fee less compensation of $100.00 for the wi-fi issues.

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 had a pet during the tenancy which was permitted on the condition that the carpet would be professionally cleaned when the Tenant vacated. The Tenant submitted he was going to use a rug doctor at the end of the tenancy to clean the carpet but the Landlord did not allow him to. The Tenant deposed he could not arrange professional carpet cleaners in the 24 hours that he had to vacate either. The Tenant deposed this was unfair and the new Tenant advised him that the carpet did not look like it had been cleaned when they moved in.

The Landlord submitted that it was the Tenant who had requested to vacate as soon as possible and the Landlord should not be penalised for accommodating the Tenant’s request. The Landlord provided a quote for the carpet cleaning and advised the Landlord was attempting to claim the costs first. The landlord submitted the Tenant was well aware of their obligation to clean the carpet professionally at the start and end of the tenancy. They should have considered this when they gave notice to vacate.

In considering the evidence, the Tenant was or ought to have been aware from the start of the tenancy of his obligations when he vacated because it was listed in the Tenancy Agreement. It was also listed in the assignment of their lease which the Tenant signed. Regardless of whether the Landlord had cleaned the carpet or not, it is an obligation which the Tenant agreed to. It is also not unusual for Landlords to claim costs first from the Tenant because it can be costly and the Tenant may never reimburse them once they’ve vacated.

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: wall damage.

The landlord claimed for repairs to the wall in the lounge which appeared to be two prominent patches. A photograph was provided from the previous Tenant on the 16 February 2023 at their outgoing inspection which showed there was no damage to the wall. An ingoing inspection report was submitted but this did not show the area where the damage was. An invoice was provided for the repairs.

The Tenant disputed causing the wall damage stating it was there when he moved in but he never raised it. He had no evidence to prove this and found it difficult to believe the amount the Landlord was claiming for the repairs.

In considering the evidence, I find it more likely than not that the damage occurred during the tenancy from the previous Tenant’s photograph and repair invoice provided. The Tenant had no evidence to disprove this and failed to provide evidence from an independent tradesperson as to how much they would estimate as reasonable.

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

The amounts ordered are proved.

As Property Management Services 2020 Limited As Agent For Jervois Holdings Ltd has wholly succeeded the Tenant must reimburse the filing fee. No name suppression was sought so this has not been granted.

Order

Claims and awards in Tenancy Tribunal application 4563612 — net $841.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Electricity by consent	$110.79	Electricity by consent
Repairs: Wall	$299.00	Repairs: Wall
Carpet Cleaning	$204.70	Carpet Cleaning
Lease assignment fee by consent	$206.63	Lease assignment fee by consent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$841.56
Total payable by Tenant to Landlord	$841.56

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Daine William Anderson to pay Property Management Services 2020 Limited As Agent For Jervois Holdings Ltd $841.56 from the bond, calculated as shown in table below.

The Bond Centre is to pay $841.56 from the bond of $$1,540.00 (5972085-008) to Property Management Services 2020 Limited As Agent For Jervois Holdings Ltd immediately.

The balance of the bond of $698.44 is to remain at the Bond Centre.

Reasons

Both parties attended the hearing by teleconference.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The parties agreed for the Tenant to pay the Landlord the amount claimed for power and lease assignment fee less compensation of $100.00 for the wi-fi issues.

Did the tenant comply with their obligations at the end of the tenancy?

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: wall damage.

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

The amounts ordered are proved.

Tenancy Tribunal case 4563612 — Property damage at Unit/Flat 11, 213 Jervois Road, Herne Bay, Auckland 1011

At a glance

Tenancy Tribunal case 4563612 — Property damage at Unit/Flat 11, 213 Jervois Road, Herne Bay, Auckland 1011

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