What was the outcome of Tenancy Tribunal case 4564711?

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

How much money was awarded in case 4564711?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4564711?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 4564711?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9192877-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4564711?

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

How much money was awarded in case 4564711?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4564711?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 4564711?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9192877-Tenancy_Tribunal_Order.pdf.

38 Long Melford Road, Awapuni, Palmerston North 4412 Tenancy Tribunal Case 4564711 — Property damage

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Bernice Gupwell and Kelly Williams must pay Rent A House Ltd As Agent For K & G Sanson $2,059.23 immediately, calculated as shown in the table below. DescriptionLandlord Rent arrears 17 February to 27 February 2023$750.00 Cleaning$402.50 Carpet Cleaning$322.00 Lock/key replacement$402.50 Electrical fittings replacement/repair: light fittings$150.00 Window repairs: glass panel in shed$218.28 Rubbish removal, repairs to walls, lawns and gardens$2,370.04 Electrical fittings replacement/repair: heated towel rail$223.47 Filing fee reimbursement$20.44 Total award$4,859.23 Bond already paid to landlord$2,800.00 Total payable by Tenant to Landlord$2,059.23

Reasons

The landlord attended the hearing.
The tenants did not attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Service
This tenancy was ended by Tribunal Order 4460080 on 7 February 2023.
The landlord’s application was filed on 3 May 2023.
Section 91A RTA provides that where a landlord files an application more than two months after the termination of the tenancy, any notice must be served on the tenant either: • Personally; or • By posting it to an address provided by the tenant within 2 months before the application; or • By delivering it to where the tenant now lives and leaving it with someone who appears to be over 16 years of age; or • By giving it to the tenant’s solicitor or authorised agent.
The bond refund form was signed by one of the tenants on 3 March 2023 and contained her updated postal address. This is the postal address to which notices have been sent.
In addition, notices have been sent to the email addresses provided by the tenants in the tenancy agreement. Notices were also sent by text to the tenants’ telephones.
I am satisfied that in these circumstances all reasonable efforts have been made to serve the application and corresponding documentation on the tenants. I am satisfied that a number of steps have been taken that have brought, or are likely to have brought, notice of the application to the tenants’ attention.
In accordance with section 91B(2) RTA, I direct that it be treated as though this application has been validly served on the tenants by their email addresses and the postal address provided on the bond refund form. I further dispense with the specific service required under section 91A(2)RTA and direct that the tenants be served with this order by their email addresses.

How much is owed for rent?

As noted above, the tenancy ended on 7 February 2023 by an Order of the Tribunal. The landlord explained that the tenants continued to occupy the property until 27 February 2023. The tenants are liable for rent until the landlord took possession.
The landlord provided rent records which prove the amount owing from 17 February 2023 until 27 February 2023 being the period not covered by the previous order.
As discussed at the hearing, the bailiff fee attaches to the prior order so it is inappropriate to include it in this order.

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 landlord provided photographic evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord’s evidence made it clear that the carpets required stain removal and cleaning and there was a substantial amount of rubbish and abandoned chattels that required disposal.
The tenant did not return the keys.
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 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 landlord advised and provided photographic evidence that the following damage was caused during the tenancy: a. There were holes in the sleepout walls and in the bathroom which appear to have been caused by punching or kicking. b. There was damage to a wall in the hallway. c. Drapes and blinds had been damaged. d. The glass in a door was broken. e. A lamp shade and its fixture were broken. f. A heated towel rail was broken and required replacing.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
From the photographic evidence and the nature of the damage, it appears that the damage was intentional.
After discussion with the landlord’s agent, I have also deducted an amount from the invoice for electrical repairs as some of the work carried out was routine maintenance which is the landlord’s responsibility.
The landlord has been awarded an amount to cover the replacement of the heated towel rail and a fair estimate of the cost of replacing the broken light fitting.
In relation to the electrical fittings’ replacement, 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.
The amounts ordered are proved. The bond
The landlord advised that it had received the bond and this has been offset against the amount awarded as shown in the table above. Filing fee
Because Rent A House Ltd As Agent For K & G Sanson has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4564711 — Property damage at 38 Long Melford Road, Awapuni, Palmerston North 4412

Tenancy Tribunal case 4564711 — Property damage at 38 Long Melford Road, Awapuni, Palmerston North 4412

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Property management

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Property management