What was the outcome of Tenancy Tribunal case 4702729?

The tribunal order states: Kaya Arohanui Tangimetua and Francois Ioane Tangimetua must pay Mackys

How much money was awarded in case 4702729?

Cleaning: $472.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $3,279.00 awarded to landlord; Property Damage: $370.46 awarded to landlord; Replace Furnishings: Curtains: $3,500.00 awarded to landlord; Rubbish Removal: $1,020.00 awarded to landlord

What type of tenancy dispute was case 4702729?

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

Where can I read the official tribunal order for case 4702729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10541709-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4702729?

The tribunal order states: Kaya Arohanui Tangimetua and Francois Ioane Tangimetua must pay Mackys

How much money was awarded in case 4702729?

Cleaning: $472.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $3,279.00 awarded to landlord; Property Damage: $370.46 awarded to landlord; Replace Furnishings: Curtains: $3,500.00 awarded to landlord; Rubbish Removal: $1,020.00 awarded to landlord

What type of tenancy dispute was case 4702729?

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

Where can I read the official tribunal order for case 4702729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10541709-Tribunal_Order.pdf.

468 Pine Valley Road, Dairy Flat, RD 2, Dairy Flat 0992 Tenancy Tribunal Case 4702729 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4702729 — net $6,362.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$1,020.00	Rubbish removal
Cleaning	$472.50	Cleaning
Repairs	$3,279.00	Repairs
Replace furnishings: Curtains	$3,500.00	Replace furnishings: Curtains
Lock/key replacement	$370.46	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,362.40
Total payable by Tenant to Landlord	$6,362.40

Kaya Arohanui Tangimetua and Francois Ioane Tangimetua must pay Mackys Real Estate Limited As Agent For Shum Michael $6,362.40 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,300.00 (3729699-003) to Mackys Real Estate Limited As Agent For Shum Michael immediately.

Reasons

Both parties attended the hearing. Francois Tangimetua attended and had authority to represent Kaya Tangimetua.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenancy began on 4 March 2020 and ended on 22 July 2022.

The landlord had previously applied for rent arrears and a Mediators Order dated 19 May 2023 released $1900.00 of the bond to the landlord to cover rent arrears.

The balance of the bond being $2,300.00 remains with the Bond Centre.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

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 following damage was caused during the tenancy: writing and holes on the bedroom walls, damage to the curtain linings. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

Some of the curtains had been removed at the end of the tenancy but some were still hanging. I am told that there was damage to the curtains from kittens and the curtains were dirty. I saw evidence of the dirty curtains and a small amount of damage to the curtain linings which was a separate fabric to the curtain fabric. I saw no evidence of actual damage to the curtains. I have allowed half of the claim for the curtain replacement because the curtains could have either been cleaned or the lining replaced. There was insufficient evidence for all 14 full length curtains to be replaced.

The landlord had asked for compensation due to lack of rent when undertaking repairs. There was insufficient evidence to support this. That part of the claim is dismissed.

Because Mackys Real Estate Limited As Agent For Shum Michael has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4702729 — net $6,362.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$1,020.00	Rubbish removal
Cleaning	$472.50	Cleaning
Repairs	$3,279.00	Repairs
Replace furnishings: Curtains	$3,500.00	Replace furnishings: Curtains
Lock/key replacement	$370.46	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,362.40
Total payable by Tenant to Landlord	$6,362.40

Order

Kaya Arohanui Tangimetua and Francois Ioane Tangimetua must pay Mackys Real Estate Limited As Agent For Shum Michael $6,362.40 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,300.00 (3729699-003) to Mackys Real Estate Limited As Agent For Shum Michael immediately.

Reasons

Both parties attended the hearing. Francois Tangimetua attended and had authority to represent Kaya Tangimetua.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy began on 4 March 2020 and ended on 22 July 2022.
The landlord had previously applied for rent arrears and a Mediators Order dated 19 May 2023 released $1900.00 of the bond to the landlord to cover rent arrears.
The balance of the bond being $2,300.00 remains with the Bond Centre.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
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 following damage was caused during the tenancy: writing and holes on the bedroom walls, damage to the curtain linings. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
Some of the curtains had been removed at the end of the tenancy but some were still hanging. I am told that there was damage to the curtains from kittens and the curtains were dirty. I saw evidence of the dirty curtains and a small amount of damage to the curtain linings which was a separate fabric to the curtain fabric. I saw no evidence of actual damage to the curtains. I have allowed half of the claim for the curtain replacement because the curtains could have either been cleaned or the lining replaced. There was insufficient evidence for all 14 full length curtains to be replaced.
The landlord had asked for compensation due to lack of rent when undertaking repairs. There was insufficient evidence to support this. That part of the claim is dismissed.
Because Mackys Real Estate Limited As Agent For Shum Michael has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4702729 — Property damage at 468 Pine Valley Road, Dairy Flat, RD 2, Dairy Flat 0992

At a glance

Tenancy Tribunal case 4702729 — Property damage at 468 Pine Valley Road, Dairy Flat, RD 2, Dairy Flat 0992

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