What was the outcome of Tenancy Tribunal case 4654376?

The tribunal order states: Lia Willan must pay Home365 Property Management Limited $5,260.29

How much money was awarded in case 4654376?

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 4654376?

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

Where can I read the official tribunal order for case 4654376?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9877293-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4654376?

The tribunal order states: Lia Willan must pay Home365 Property Management Limited $5,260.29

How much money was awarded in case 4654376?

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 4654376?

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

Where can I read the official tribunal order for case 4654376?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9877293-Tenancy_Tribunal_Order.pdf.

15 Kupari Place, Totara Vale, Auckland 0629 Tenancy Tribunal Case 4654376 — Property damage

Order

Lia Willan must pay Home365 Property Management Limited $5,260.29 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (3281834-013) to Home365 Property Management Limited immediately. DescriptionLandlord Rent arrears to 7 July 2023$1,392.86 Water rates$181.51 Cleaning and rubbish removal$1,954.75 Replace smoke alarms x 2$100.37 General repairs$1,835.11 Repairs to walls including repainting$603.75 Carpet replacement$1,322.50 Cleaning curtain staining$414.00 Rubbish bin tags$10.00 Light bulbs x 6 $25.00 Filing fee reimbursement$20.44 Total award$7,860.29 Bond$2,600.00 Total amount the tenant must pay the landlord$5,260.29

Reasons

Carol Yin and Luke Qu attended the hearing for the landlord.
The tenant did not attend. The electronic file indicates Tenancy Services gave the tenant notice of the hearing and several reminders. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 7 July 2023. The landlord provided rent records and water rates invoices which prove the amounts owing at 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, and leave all chattels provided for their benefit. 1 The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Two smoke alarms were at the end of the tenancy. The landlord had to replace six light bulbs.
The landlord has proved the amounts detailed in the table above for these breaches.

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 the landlord establishes that, 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. 2 1 Residential Tenancies Act 1986(RTA), s 40(1)(e)(ii)-(v). 2 RTA, ss 40(2)(a), 41 and 49B.
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. 3
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. 4
The landlord gave direct evidence and produced a video that indicated deliberate damage had occurred during the tenancy to two door frames, the showerhead, a curtain track which was pulled away, cabinet doors, the bathroom’s basin’s pipe, two bedrooms’ door locks, and the toilet lid.
There were also multiple holes and scratches to the walls. The tenant did some repairs to the walls, but to a substandard standard.
Pets damaged the carpets with staining and odours that the landlord has been unable to remove. Consequently, the landlord intends to replace the carpet when the owner provides adequate funds.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord applied for insurance cover, but the insurer declined cover because it assessed the damage as deliberate.
The landlord proved loss in the amounts ordered.
I have allowed for depreciation for the carpet replacement and wall repairs and painting. The Tribunal should return the landlord 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 at 50 per cent of the amounts claimed, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
Because Home365 Property Management Limited has wholly succeeded with the claim, the Tribunal must order the tenant to reimburse the filing fee. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541. Bond
The Bond Centre is to be pay the bond out to the landlord in part payment of this order’s debt.

Order

Lia Willan must pay Home365 Property Management Limited $5,260.29 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (3281834-013) to Home365 Property Management Limited immediately. DescriptionLandlord Rent arrears to 7 July 2023$1,392.86 Water rates$181.51 Cleaning and rubbish removal$1,954.75 Replace smoke alarms x 2$100.37 General repairs$1,835.11 Repairs to walls including repainting$603.75 Carpet replacement$1,322.50 Cleaning curtain staining$414.00 Rubbish bin tags$10.00 Light bulbs x 6 $25.00 Filing fee reimbursement$20.44 Total award$7,860.29 Bond$2,600.00 Total amount the tenant must pay the landlord$5,260.29

Reasons

Carol Yin and Luke Qu attended the hearing for the landlord.
The tenant did not attend. The electronic file indicates Tenancy Services gave the tenant notice of the hearing and several reminders. The hearing proceeded in the tenant’s absence.
The landlord has applied for rent and water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water?

The tenancy ended on 7 July 2023. The landlord provided rent records and water rates invoices which prove the amounts owing at 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, and leave all chattels provided for their benefit. 1 The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Two smoke alarms were at the end of the tenancy. The landlord had to replace six light bulbs.
The landlord has proved the amounts detailed in the table above for these breaches.

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 the landlord establishes that, 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. 2 1 Residential Tenancies Act 1986(RTA), s 40(1)(e)(ii)-(v). 2 RTA, ss 40(2)(a), 41 and 49B.
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. 3
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. 4
The landlord gave direct evidence and produced a video that indicated deliberate damage had occurred during the tenancy to two door frames, the showerhead, a curtain track which was pulled away, cabinet doors, the bathroom’s basin’s pipe, two bedrooms’ door locks, and the toilet lid.
There were also multiple holes and scratches to the walls. The tenant did some repairs to the walls, but to a substandard standard.
Pets damaged the carpets with staining and odours that the landlord has been unable to remove. Consequently, the landlord intends to replace the carpet when the owner provides adequate funds.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord applied for insurance cover, but the insurer declined cover because it assessed the damage as deliberate.
The landlord proved loss in the amounts ordered.
I have allowed for depreciation for the carpet replacement and wall repairs and painting. The Tribunal should return the landlord 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 at 50 per cent of the amounts claimed, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Filing fee
Because Home365 Property Management Limited has wholly succeeded with the claim, the Tribunal must order the tenant to reimburse the filing fee. 3 RTA, s 49B(1). 4 See Guo v Korck [2019] NZHC 1541. Bond
The Bond Centre is to be pay the bond out to the landlord in part payment of this order’s debt.

Tenancy Tribunal case 4654376 — Property damage at 15 Kupari Place, Totara Vale, Auckland 0629

Tenancy Tribunal case 4654376 — Property damage at 15 Kupari Place, Totara Vale, Auckland 0629

Order

Reasons

How much is owed for rent and water?

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 and water?

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