How much money was awarded in case 4641929?

Cleaning: $335.47 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rubbish Removal: $478.00 awarded to landlord

What type of tenancy dispute was case 4641929?

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

Where can I read the official tribunal order for case 4641929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9517048-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4641929?

Cleaning: $335.47 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,500.00 awarded to landlord; Rubbish Removal: $478.00 awarded to landlord

What type of tenancy dispute was case 4641929?

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

Where can I read the official tribunal order for case 4641929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9517048-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 3A Camp Street, Trentham, Upper Hutt 5019 Tenancy Tribunal Case 4641929 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4641929?

The tribunal order states: Blade Goodall Bartley must pay Oxygen.Co.Nz Limited As Agent For Arvin Jina

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Order

Claims and awards in Tenancy Tribunal application 4641929 — net $353.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$335.47	Cleaning
Rubbish removal	$478.00	Rubbish removal
Repairs	$1,500.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$353.91
Total payable by Tenant to Landlord	$353.91

Blade Goodall Bartley must pay Oxygen.Co.Nz Limited As Agent For Arvin Jina $353.91 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,980.00 (3609157-030) to Oxygen.Co.Nz Limited As Agent For Arvin Jina immediately.

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

Reasons

The landlord attended the hearing. There was no appearance for Mr Bartley, however as he had been served with the Notice of Hearing, the hearing went ahead in his absence.

The landlord has applied for compensation, refund of the bond, 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 (RTA).

The landlord has established in evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. He left the property strewn with rubbish and debris and had clearly taken no care whatsoever in his departures. The landlord provided the tenant with time to collect his belongings, however when he did not, disposed of the remainder, none of which had any value.

The amounts ordered are proven in evidence.

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 landlord has established in evidence that during the tenancy, Mr Bartley made a significant hole in the wall and poured chilli sauce into it. He made other holes in walls and broke the back door when he had locked himself out. He has also smashed up the toilet seat and removed several net curtains.

Given the nature and extent of the damage, I find that it was intentionally caused. Accordingly, Mr Barley is liable for the repair costs.

I have reduced the amount claimed slightly to take into account betterment and depreciation of the paint work and curtains. This is because 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 Oxygen.Co.Nz Limited As Agent For Arvin Jina has wholly succeeded with the claim I must reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4641929 — net $353.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$335.47	Cleaning
Rubbish removal	$478.00	Rubbish removal
Repairs	$1,500.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$353.91
Total payable by Tenant to Landlord	$353.91

Blade Goodall Bartley must pay Oxygen.Co.Nz Limited As Agent For Arvin Jina $353.91 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,980.00 (3609157-030) to Oxygen.Co.Nz Limited As Agent For Arvin Jina immediately.

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

Reasons

The landlord attended the hearing. There was no appearance for Mr Bartley, however as he had been served with the Notice of Hearing, the hearing went ahead in his absence.

The landlord has applied for compensation, refund of the bond, 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?

The amounts ordered are proven in evidence.

Is the tenant responsible for the damage to the premises?

Given the nature and extent of the damage, I find that it was intentionally caused. Accordingly, Mr Barley is liable for the repair costs.

Because Oxygen.Co.Nz Limited As Agent For Arvin Jina has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4641929 — Property damage at Unit/Flat 2, 3A Camp Street, Trentham, Upper Hutt 5019

At a glance

Tenancy Tribunal case 4641929 — Property damage at Unit/Flat 2, 3A Camp Street, Trentham, Upper Hutt 5019

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