What was the outcome of Tenancy Tribunal case 4581313?

The tribunal order states: Tukuahi Bernadette Stephenia Mahara and Lynne Amy Thompson must pay

How much money was awarded in case 4581313?

Cleaning: $272.78 awarded to landlord; Cleaning: $563.50 awarded to landlord; Electricity: $526.38 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Rent Arrears: $3,496.76 awarded to landlord; Bedrooms, Lounge And Passage: $4,500.00 awarded to landlord; Windows X2: $334.88 awarded to landlord; Rubbish Removal: $760.00 awarded to landlord; Water Rates: $988.49 awarded to landlord; Water Refund (Amount Paid By Tenant…: $3,280.00 awarded to tenant

What type of tenancy dispute was case 4581313?

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

Where can I read the official tribunal order for case 4581313?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9468266-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4581313?

The tribunal order states: Tukuahi Bernadette Stephenia Mahara and Lynne Amy Thompson must pay

How much money was awarded in case 4581313?

Cleaning: $272.78 awarded to landlord; Cleaning: $563.50 awarded to landlord; Electricity: $526.38 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Rent Arrears: $3,496.76 awarded to landlord; Bedrooms, Lounge And Passage: $4,500.00 awarded to landlord; Windows X2: $334.88 awarded to landlord; Rubbish Removal: $760.00 awarded to landlord; Water Rates: $988.49 awarded to landlord; Water Refund (Amount Paid By Tenant…: $3,280.00 awarded to tenant

What type of tenancy dispute was case 4581313?

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

Where can I read the official tribunal order for case 4581313?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9468266-Tenancy_Tribunal_Order.pdf.

83 Christmas Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4581313 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4581313 — net $5,483.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 2 June 2023	$3,496.76		Rent arrears to 2 June 2023
Electricity	$526.38		Electricity
Cleaning	$563.50		Cleaning
Carpet Cleaning	$272.78		Carpet Cleaning
Lawns and Garden work	$200.00		Lawns and Garden work
Rubbish removal	$760.00		Rubbish removal
Repairs: windows x2	$334.88		Repairs: windows x2
Repairs: bedrooms, lounge and passage	$4,500.00		Repairs: bedrooms, lounge and passage
Filing fee reimbursement	$20.44		Filing fee reimbursement
Water rates: actual usage owing	$988.49		Water rates: actual usage owing
water refund (amount paid by tenant included in rent		$3,280.00	water refund (amount paid by tenant included in rent
Total award	$11,663.23	$3,280.00
Net award	$5,483.23
Total payable by Tenant to Landlord	$5,483.23

The agent Ms Bhatt attended the hearing for the landlord. There was no appearance by the tenants.

This tenancy was a fixed term tenancy from 21 June 2022 to 26 June 2023. The tenants moved out on 15 May 2023.

The landlord has applied for rent arrears, electricity owing, compensation for unblocking drain, cleaning, carpet cleaning, lawn mowing, repairs to window and walls, rubbish removal and reimbursement of the filing fee following the end of the tenancy.

The bond of $2900.00 was refunded recently by consent.

How much is owed for rent and electricity?

The landlord provided rent records which prove the amount owing at the end of the tenancy. From 11 April to 15 May 2023, there was $1,812.50 owing which included water. From 16 May to 2 June 2023, there was $1,684.26 owing which excluded water.

The landlord accepts there is a credit owing to the tenant for water usage. The agent has calculated that actual water usage throughout the tenancy was $988.49. The tenant paid $3,280 during the tenancy ($70 per week) as it was included in the rent amount.

The landlord also received the electricity bills in their name. This was passed to the tenants regularly for payment. The tenants have not paid $563.50 electricity that is remaining.

The amounts sought have been clarified by the agent, confirmation there was no double charges, and to the benefit of the tenant.

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 (including lawn/garden) and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The agent said the premises had seemed to have been abandoned and not been cleaned and tidied and provided photos. The tenant said they would remove their rubbish and belongings but this did not occur despite arrangements being made. Ultimately the tenant was not contactable, and the items had to be removed.

The amounts ordered for cleaning, carpet cleaning, lawn tidy and rubbish removal are proved.

The landlord claims compensation for unblocking of the toilet drain.

It would appear that there was a lot of toilet paper blocking a drain which was on the outside the house. It is concerning that this wastewater drain is open to the elements.

Considering the claim, if there had been other items in the drain, it would be of concern about how the toilet is being used. It is usual to find toilet paper in a waste system. I am not satisfied this was caused by the tenant through ordinary use of a toilet. This claim is dismissed.

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.

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: damage to 2 windows, walls in the 3 bedrooms, lounge and passageway. The agent showed pictures of a number of holes on the walls, glue on the master bedroom, strong marks on the walls.

The pre-inspection photos show an older tidy house.

The agent says 2 windows had to be repaired and provided an invoice, photos pre-inspection and post inspection. The amount of $334.88 is awarded for this repair.

The agent says the walls and ceiling had been repainted before this tenant moved in. The doors, frames and skirting were aged and not painted. These appear to have been of a lower standard.

The photos showing the damage to the walls in the bedrooms, lounge and passage way is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The agent proved the Tribunal with 2 quotes they had been provided to repair the damage. The agent also provided an invoice which included an entire repaint of the house. Considering the information and after hearing from the agent provided, the Tribunal awards $4500.00 towards the repairs.

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 Rentout Limited As Agent For Lakshmi Narayanan Srinivasan has substantially succeeded with the claim I have reimbursed the filing fee.

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

Claims and awards in Tenancy Tribunal application 4581313 — net $5,483.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 2 June 2023	$3,496.76		Rent arrears to 2 June 2023
Electricity	$526.38		Electricity
Cleaning	$563.50		Cleaning
Carpet Cleaning	$272.78		Carpet Cleaning
Lawns and Garden work	$200.00		Lawns and Garden work
Rubbish removal	$760.00		Rubbish removal
Repairs: windows x2	$334.88		Repairs: windows x2
Repairs: bedrooms, lounge and passage	$4,500.00		Repairs: bedrooms, lounge and passage
Filing fee reimbursement	$20.44		Filing fee reimbursement
Water rates: actual usage owing	$988.49		Water rates: actual usage owing
water refund (amount paid by tenant included in rent		$3,280.00	water refund (amount paid by tenant included in rent
Total award	$11,663.23	$3,280.00
Net award	$5,483.23
Total payable by Tenant to Landlord	$5,483.23

Order

Tukuahi Bernadette Stephenia Mahara and Lynne Amy Thompson must pay Rentout Limited As Agent For Lakshmi Narayanan Srinivasan $5,483.23 immediately, calculated as shown in table below.

Reasons

The agent Ms Bhatt attended the hearing for the landlord. There was no appearance by the tenants.
This tenancy was a fixed term tenancy from 21 June 2022 to 26 June 2023. The tenants moved out on 15 May 2023.
The landlord has applied for rent arrears, electricity owing, compensation for unblocking drain, cleaning, carpet cleaning, lawn mowing, repairs to window and walls, rubbish removal and reimbursement of the filing fee following the end of the tenancy.
The bond of $2900.00 was refunded recently by consent.

How much is owed for rent and electricity?

The landlord provided rent records which prove the amount owing at the end of the tenancy. From 11 April to 15 May 2023, there was $1,812.50 owing which included water. From 16 May to 2 June 2023, there was $1,684.26 owing which excluded water.
The landlord accepts there is a credit owing to the tenant for water usage. The agent has calculated that actual water usage throughout the tenancy was $988.49. The tenant paid $3,280 during the tenancy ($70 per week) as it was included in the rent amount.
The landlord also received the electricity bills in their name. This was passed to the tenants regularly for payment. The tenants have not paid $563.50 electricity that is remaining.
The amounts sought have been clarified by the agent, confirmation there was no double charges, and to the benefit of the tenant.

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 (including lawn/garden) and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The agent said the premises had seemed to have been abandoned and not been cleaned and tidied and provided photos. The tenant said they would remove their rubbish and belongings but this did not occur despite arrangements being made. Ultimately the tenant was not contactable, and the items had to be removed.
The amounts ordered for cleaning, carpet cleaning, lawn tidy and rubbish removal are proved.
The landlord claims compensation for unblocking of the toilet drain.
It would appear that there was a lot of toilet paper blocking a drain which was on the outside the house. It is concerning that this wastewater drain is open to the elements.
Considering the claim, if there had been other items in the drain, it would be of concern about how the toilet is being used. It is usual to find toilet paper in a waste system. I am not satisfied this was caused by the tenant through ordinary use of a toilet. This claim is dismissed.

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.
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: damage to 2 windows, walls in the 3 bedrooms, lounge and passageway. The agent showed pictures of a number of holes on the walls, glue on the master bedroom, strong marks on the walls.
The pre-inspection photos show an older tidy house.
The agent says 2 windows had to be repaired and provided an invoice, photos pre-inspection and post inspection. The amount of $334.88 is awarded for this repair.
The agent says the walls and ceiling had been repainted before this tenant moved in. The doors, frames and skirting were aged and not painted. These appear to have been of a lower standard.
The photos showing the damage to the walls in the bedrooms, lounge and passage way is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The agent proved the Tribunal with 2 quotes they had been provided to repair the damage. The agent also provided an invoice which included an entire repaint of the house. Considering the information and after hearing from the agent provided, the Tribunal awards $4500.00 towards the repairs.
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 Rentout Limited As Agent For Lakshmi Narayanan Srinivasan has substantially succeeded with the claim I have reimbursed the filing fee.
No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Tenancy Tribunal case 4581313 — Property damage at 83 Christmas Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4581313 — Property damage at 83 Christmas Road, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and electricity?

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

How much is owed for rent and electricity?

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