What was the outcome of Tenancy Tribunal case 4659991?

The tribunal order states: Vivien Harding must pay Barfoot & Thompson Limited - As Agent For Martens.

How much money was awarded in case 4659991?

Bailiff Fee: $200.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $618.00 awarded to landlord; (Power Meter Tampering: $1,003.25 awarded to landlord

What type of tenancy dispute was case 4659991?

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

Where can I read the official tribunal order for case 4659991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9922916-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4659991?

The tribunal order states: Vivien Harding must pay Barfoot & Thompson Limited - As Agent For Martens.

How much money was awarded in case 4659991?

Bailiff Fee: $200.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Cleaning: $460.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $618.00 awarded to landlord; (Power Meter Tampering: $1,003.25 awarded to landlord

What type of tenancy dispute was case 4659991?

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

Where can I read the official tribunal order for case 4659991?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9922916-Tribunal_Order.pdf.

20 Smedley Street, Manurewa, Auckland 2102 Tenancy Tribunal Case 4659991 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4659991 — net $2,701.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: (power meter tampering	$1,003.25	Repairs: (power meter tampering
Cleaning (House and sleepout	$460.00	Cleaning (House and sleepout
Lock/key replacement (front and back door and ranch slider	$618.00	Lock/key replacement (front and back door and ranch slider
Bailiff Fee	$200.00	Bailiff Fee
Carpet Cleaning	$400.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,701.69
Total payable by Tenant to Landlord	$2,701.69

Both parties attended the hearing.

The landlord has applied for compensation 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy.

The tenant was evicted, so the door locks all had to be changed and new keys cut. The tenant is liable for the eviction cost.

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 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 sought $650.00 compensation for the damage to the shower door. The tenant disproved liability for this damage as it was not the result of any careless or intentional act or omission by the tenant or anyone she was responsible for. She stated her son had slipped and in trying to break his fall he had put his hand through the shower door. It was a genuine accident.

During the tenancy, damage was caused to the power meter. It had been tampered with and the photographic evidence and report from the contract that fixed it confirmed the damage caused was clearly intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the filing fee

Because Barfoot & Thompson Limited - As Agent For Martens. Miklejohn, John & Anna (A J Resources Ltd) has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4659991 — net $2,701.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: (power meter tampering	$1,003.25	Repairs: (power meter tampering
Cleaning (House and sleepout	$460.00	Cleaning (House and sleepout
Lock/key replacement (front and back door and ranch slider	$618.00	Lock/key replacement (front and back door and ranch slider
Bailiff Fee	$200.00	Bailiff Fee
Carpet Cleaning	$400.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,701.69
Total payable by Tenant to Landlord	$2,701.69

Order

Vivien Harding must pay Barfoot & Thompson Limited - As Agent For Martens. Miklejohn, John & Anna (A J Resources Ltd) $2,701.69 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation 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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy.
The tenant was evicted, so the door locks all had to be changed and new keys cut. The tenant is liable for the eviction cost.
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 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 sought $650.00 compensation for the damage to the shower door. The tenant disproved liability for this damage as it was not the result of any careless or intentional act or omission by the tenant or anyone she was responsible for. She stated her son had slipped and in trying to break his fall he had put his hand through the shower door. It was a genuine accident.
During the tenancy, damage was caused to the power meter. It had been tampered with and the photographic evidence and report from the contract that fixed it confirmed the damage caused was clearly intentional. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of the filing fee
Because Barfoot & Thompson Limited - As Agent For Martens. Miklejohn, John & Anna (A J Resources Ltd) has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4659991 — Property damage at 20 Smedley Street, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4659991 — Property damage at 20 Smedley Street, Manurewa, Auckland 2102

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