What was the outcome of Tenancy Tribunal case 4643290?

The tribunal order states: Jamie Henry, Ashleigh Waata-Smith and Sariah Waata must pay Property

How much money was awarded in case 4643290?

Cleaning: $637.50 awarded to landlord; Rubbish Removal: $1,992.12 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Rent Arrears: $589.00 awarded to tenant; Plumbing: $311.65 awarded to landlord; Rubbish Removal: $834.98 awarded to landlord; Rubbish Removal: $569.25 awarded to landlord

What type of tenancy dispute was case 4643290?

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

Where can I read the official tribunal order for case 4643290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9779198-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4643290?

The tribunal order states: Jamie Henry, Ashleigh Waata-Smith and Sariah Waata must pay Property

How much money was awarded in case 4643290?

Cleaning: $637.50 awarded to landlord; Rubbish Removal: $1,992.12 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $2,000.00 awarded to landlord; Rent Arrears: $589.00 awarded to tenant; Plumbing: $311.65 awarded to landlord; Rubbish Removal: $834.98 awarded to landlord; Rubbish Removal: $569.25 awarded to landlord

What type of tenancy dispute was case 4643290?

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

Where can I read the official tribunal order for case 4643290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9779198-Tenancy_Tribunal_Order.pdf.

56A Fitzherbert Avenue, Tawhero, Whanganui 4501 Tenancy Tribunal Case 4643290 — Property damage

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56A Fitzherbert Avenue, Tawhero, Whanganui 4501 Tenancy Tribunal Case 4643290 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4643290 — net $3,056.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: plumbing	$311.65		Repairs: plumbing
Carpet Cleaning	$637.50		Carpet Cleaning
Cleaning: and rubbish removal	$1,992.12		Cleaning: and rubbish removal
Rubbish removal: Bin hire x2	$834.98		Rubbish removal: Bin hire x2
Rubbish removal: green waste	$569.25		Rubbish removal: green waste
Repairs	$2,000.00		Repairs
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent arrears		$589.00	Rent arrears
Total award	$6,365.94	$589.00
Net award	$3,056.94
Total payable by Tenant to Landlord	$3,056.94

Claims and awards for application 4643290 — net $3,056.94 NZD. Verify on MoJ.

Repairs: plumbing

Amount: $311.65
Awarded to: Landlord
Reason: Repairs: plumbing

Carpet Cleaning

Amount: $637.50
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning: and rubbish removal

Amount: $1,992.12
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Rubbish removal: Bin hire x2

Amount: $834.98
Awarded to: Landlord
Reason: Rubbish removal: Bin hire x2

Rubbish removal: green waste

Amount: $569.25
Awarded to: Landlord
Reason: Rubbish removal: green waste

Claim types — money lines allowed on this order

Carpet Cleaning Rubbish Removal Filing Fee Property damage Rent arrears

Order

Jamie Henry, Ashleigh Waata-Smith and Sariah Waata must pay Property Brokers Limited $3,056.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenants.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 15 April 2023. At that time the rent was in credit by $589.00. The bond of $2,720 has also been released to the landlord. Therefore, those amounts have been deducted from the amount owing to the landlord.
There is an outstanding repair bill from early in the tenancy when there was a problem with the sewage drain. It transpired a toy truck was blocking the drain, likely put down the toilet by a child. The tenant was asked to pay the bill and never has. I am satisfied that they are liable for that amount and order $311.65.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs showing that the tenant left a considerable amount of rubbish and debris, including a large tarpaulin or swimming pool full of earth and greenwaste, broken swingset, furniture, mattresses, food items and other discarded household items. There had been no attempt to clean the premises at all and the dirt and grime was clearly longstanding. The landlord described caked in dirt on the carpet. The landlord provided invoices for bin hire, rubbish removal, greenwaste removal and cleaning.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord produced an invoice of $4,105.28 for repairs and painting following the end of the tenancy.
The photographs showed several holes in the walls, ripped wallpaper, scribbles on the walls.
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.
Some of the damage such as one instance of a child’s drawing on the wall might be characterised as arising from carelessness, but the holes in the wall do not fall into that category.
The amounts ordered are proved.
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. Looking at the entry inspection photographs, the property was not in pristine condition. There was already some wear and tear on the wallpaper and it did not appear to have been painted in some time. Therefore I find that the tenants are not liable for the full redecoration. I have decided that $2,000 is reasonable compensation.
Because Property Brokers Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4643290 — net $3,056.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: plumbing	$311.65		Repairs: plumbing
Carpet Cleaning	$637.50		Carpet Cleaning
Cleaning: and rubbish removal	$1,992.12		Cleaning: and rubbish removal
Rubbish removal: Bin hire x2	$834.98		Rubbish removal: Bin hire x2
Rubbish removal: green waste	$569.25		Rubbish removal: green waste
Repairs	$2,000.00		Repairs
Filing fee reimbursement	$20.44		Filing fee reimbursement
Rent arrears		$589.00	Rent arrears
Total award	$6,365.94	$589.00
Net award	$3,056.94
Total payable by Tenant to Landlord	$3,056.94

Claims and awards for application 4643290 — net $3,056.94 NZD. Verify on MoJ.

Repairs: plumbing

Amount: $311.65
Awarded to: Landlord
Reason: Repairs: plumbing

Carpet Cleaning

Amount: $637.50
Awarded to: Landlord
Reason: Carpet Cleaning

Cleaning: and rubbish removal

Amount: $1,992.12
Awarded to: Landlord
Reason: Cleaning: and rubbish removal

Rubbish removal: Bin hire x2

Amount: $834.98
Awarded to: Landlord
Reason: Rubbish removal: Bin hire x2

Rubbish removal: green waste

Amount: $569.25
Awarded to: Landlord
Reason: Rubbish removal: green waste

Claim types — money lines allowed on this order

Carpet Cleaning Rubbish Removal Filing Fee Property damage Rent arrears

Order

Jamie Henry, Ashleigh Waata-Smith and Sariah Waata must pay Property Brokers Limited $3,056.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance for the tenants.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 15 April 2023. At that time the rent was in credit by $589.00. The bond of $2,720 has also been released to the landlord. Therefore, those amounts have been deducted from the amount owing to the landlord.
There is an outstanding repair bill from early in the tenancy when there was a problem with the sewage drain. It transpired a toy truck was blocking the drain, likely put down the toilet by a child. The tenant was asked to pay the bill and never has. I am satisfied that they are liable for that amount and order $311.65.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.
The landlord provided photographs showing that the tenant left a considerable amount of rubbish and debris, including a large tarpaulin or swimming pool full of earth and greenwaste, broken swingset, furniture, mattresses, food items and other discarded household items. There had been no attempt to clean the premises at all and the dirt and grime was clearly longstanding. The landlord described caked in dirt on the carpet. The landlord provided invoices for bin hire, rubbish removal, greenwaste removal and cleaning.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord produced an invoice of $4,105.28 for repairs and painting following the end of the tenancy.
The photographs showed several holes in the walls, ripped wallpaper, scribbles on the walls.
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.
Some of the damage such as one instance of a child’s drawing on the wall might be characterised as arising from carelessness, but the holes in the wall do not fall into that category.
The amounts ordered are proved.
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. Looking at the entry inspection photographs, the property was not in pristine condition. There was already some wear and tear on the wallpaper and it did not appear to have been painted in some time. Therefore I find that the tenants are not liable for the full redecoration. I have decided that $2,000 is reasonable compensation.
Because Property Brokers Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4643290 — Property damage at 56A Fitzherbert Avenue, Tawhero, Whanganui 4501

At a glance

Tenancy Tribunal case 4643290 — Property damage at 56A Fitzherbert Avenue, Tawhero, Whanganui 4501

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