What was the outcome of Tenancy Tribunal case 4669930?

The tribunal order states: Siti Nor Rohaini Ruby Binti Ali must pay Wiki Property Management Limited

How much money was awarded in case 4669930?

Change Locks: $204.10 awarded to landlord; Cleaning: $1,700.00 awarded to landlord; Compensation: $1,400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $3,488.00 awarded to landlord; Property Damage: $2,760.00 awarded to landlord; Property Damage: $2,864.90 awarded to landlord; Property Damage: $1,890.00 awarded to landlord; Rubbish Removal: $4,000.00 awarded to landlord; Skip Bin Hire X 6: $3,180.00 awarded to landlord; Supply And Install Curtain Tracks, W…: $550.67 awarded to landlord; Unblock Sewer Pipe, Remove Graffiti,…: $820.00 awarded to landlord; Wash Curtains And Replace Hooks: $540.00 awarded to landlord

What type of tenancy dispute was case 4669930?

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

Where can I read the official tribunal order for case 4669930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10153984-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4669930?

The tribunal order states: Siti Nor Rohaini Ruby Binti Ali must pay Wiki Property Management Limited

How much money was awarded in case 4669930?

Change Locks: $204.10 awarded to landlord; Cleaning: $1,700.00 awarded to landlord; Compensation: $1,400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $3,488.00 awarded to landlord; Property Damage: $2,760.00 awarded to landlord; Property Damage: $2,864.90 awarded to landlord; Property Damage: $1,890.00 awarded to landlord; Rubbish Removal: $4,000.00 awarded to landlord; Skip Bin Hire X 6: $3,180.00 awarded to landlord; Supply And Install Curtain Tracks, W…: $550.67 awarded to landlord; Unblock Sewer Pipe, Remove Graffiti,…: $820.00 awarded to landlord; Wash Curtains And Replace Hooks: $540.00 awarded to landlord

What type of tenancy dispute was case 4669930?

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

Where can I read the official tribunal order for case 4669930?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10153984-Tenancy_Tribunal_Order.pdf.

73B Target Road, Totara Vale, Auckland 0629 Tenancy Tribunal Case 4669930 — Property damage

Claims and awards in Tenancy Tribunal application 4669930 — net $23,418.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Carpet replacement - depreciated 33

$3,488.00

Carpet replacement - depreciated 33

Repairs to door, walls and remove alterations done by tenant

$2,760.00

Repairs to door, walls and remove alterations done by tenant

Plaster and repaint interior walls and ceiling and repair damaged floor - depreciated 50

$2,864.90

Plaster and repaint interior walls and ceiling and repair damaged floor - depreciated 50

Skip bin hire x 6

$3,180.00

Skip bin hire x 6

Rubbish removal

$4,000.00

Rubbish removal

Change locks

$204.10

Change locks

Unblock sewer pipe, remove graffiti, trailer hire, dump fees

$820.00

Unblock sewer pipe, remove graffiti, trailer hire, dump fees

Supply and install curtain tracks, weed removal, remove stickers and further graffiti, hang light cover, replace plug

$550.67

Supply and install curtain tracks, weed removal, remove stickers and further graffiti, hang light cover, replace plug

Wash curtains and replace hooks

$540.00

Wash curtains and replace hooks

Remove graffiti from deck and wall, restore wardrobe, cleaning, replace padlock, replace second lock on front door

$1,700.00

Remove graffiti from deck and wall, restore wardrobe, cleaning, replace padlock, replace second lock on front door

se and install curtain tracks, repair stairway handrail, empty rubbish bins, remove rubbish from shed, replace door hand

$1,890.00

se and install curtain tracks, repair stairway handrail, empty rubbish bins, remove rubbish from shed, replace door hand

Loss of rent compensation

$1,400.00

Loss of rent compensation

__________________________________________________________________________________ 46699302 Filing fee reimbursement

$20.44

__________________________________________________________________________________ 46699302 Filing fee reimbursement

Net award

$23,418.11

Total payable by Tenant to Landlord

$23,418.11

Reasons

Mr Yang represented the landlord. The tenant did not attend 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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. 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. The amount of rubbish that had to be removed was significant.

The tenant did not return the keys.

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 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.

The landlord (the owner) was not insured for tenant damage.

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: there was significant damage done to walls, doors, ceilings, and the carpets. The carpets had to be replaced and the walls and some areas of the ceilings had to be plastered and repainted.

There was other damage: the tenants made alterations to the premises that the landlord had to pay the get removed. There was graffiti on the deck and on walls and doors. The stairway handrail was damaged and curtain tracks had to be replaced.

The landlord sought 2 weeks’ loss of rent compensation. The Tribunal seldom awards loss of rent compensation since some repairs and maintenance need to be done between tenancies. However, in this case the state of the premises was such that the landlord’s claim for compensation based on the equivalent of two weeks’ rent is objectively reasonable.

The amounts ordered are proved by invoices and photos and by the evidence Mr Yang gave at the hearing.

As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.

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. I have depreciated the claim for carpet replacement by one-third and the claim for interior decoration by one- half.

Claims and awards in Tenancy Tribunal application 4669930 — net $23,418.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Carpet replacement - depreciated 33

$3,488.00

Carpet replacement - depreciated 33

Repairs to door, walls and remove alterations done by tenant

$2,760.00

Repairs to door, walls and remove alterations done by tenant

Plaster and repaint interior walls and ceiling and repair damaged floor - depreciated 50

$2,864.90

Plaster and repaint interior walls and ceiling and repair damaged floor - depreciated 50

Skip bin hire x 6

$3,180.00

Skip bin hire x 6

Rubbish removal

$4,000.00

Rubbish removal

Change locks

$204.10

Change locks

Unblock sewer pipe, remove graffiti, trailer hire, dump fees

$820.00

Unblock sewer pipe, remove graffiti, trailer hire, dump fees

Supply and install curtain tracks, weed removal, remove stickers and further graffiti, hang light cover, replace plug

$550.67

Supply and install curtain tracks, weed removal, remove stickers and further graffiti, hang light cover, replace plug

Wash curtains and replace hooks

$540.00

Wash curtains and replace hooks

Remove graffiti from deck and wall, restore wardrobe, cleaning, replace padlock, replace second lock on front door

$1,700.00

Remove graffiti from deck and wall, restore wardrobe, cleaning, replace padlock, replace second lock on front door

se and install curtain tracks, repair stairway handrail, empty rubbish bins, remove rubbish from shed, replace door hand

$1,890.00

se and install curtain tracks, repair stairway handrail, empty rubbish bins, remove rubbish from shed, replace door hand

Loss of rent compensation

$1,400.00

Loss of rent compensation

__________________________________________________________________________________ 46699302 Filing fee reimbursement

$20.44

__________________________________________________________________________________ 46699302 Filing fee reimbursement

Net award

$23,418.11

Total payable by Tenant to Landlord

$23,418.11

Order

Siti Nor Rohaini Ruby Binti Ali must pay Wiki Property Management Limited $23,418.11 immediately, calculated as shown in table below:

Reasons

Mr Yang represented the landlord. The tenant did not attend 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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. 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. The amount of rubbish that had to be removed was significant.
The tenant did not return the keys.

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 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.
The landlord (the owner) was not insured for tenant damage.
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: there was significant damage done to walls, doors, ceilings, and the carpets. The carpets had to be replaced and the walls and some areas of the ceilings had to be plastered and repainted.
There was other damage: the tenants made alterations to the premises that the landlord had to pay the get removed. There was graffiti on the deck and on walls and doors. The stairway handrail was damaged and curtain tracks had to be replaced.
The landlord sought 2 weeks’ loss of rent compensation. The Tribunal seldom awards loss of rent compensation since some repairs and maintenance need to be done between tenancies. However, in this case the state of the premises was such that the landlord’s claim for compensation based on the equivalent of two weeks’ rent is objectively reasonable.
The amounts ordered are proved by invoices and photos and by the evidence Mr Yang gave at the hearing.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.
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. I have depreciated the claim for carpet replacement by one-third and the claim for interior decoration by one- half.

Tenancy Tribunal case 4669930 — Property damage at 73B Target Road, Totara Vale, Auckland 0629

At a glance

Tenancy Tribunal case 4669930 — Property damage at 73B Target Road, Totara Vale, Auckland 0629

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