What was the outcome of Tenancy Tribunal case 4704709?

The tribunal order states: Elchanah Kuperman and Henni Kuperman must pay Rentals.Co.Nz Limited

How much money was awarded in case 4704709?

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 4704709?

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

Where can I read the official tribunal order for case 4704709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10907869-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4704709?

The tribunal order states: Elchanah Kuperman and Henni Kuperman must pay Rentals.Co.Nz Limited

How much money was awarded in case 4704709?

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 4704709?

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

Where can I read the official tribunal order for case 4704709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10907869-Tribunal_Order.pdf.

124 Beach Road, Onerahi, Whangarei 0110 Tenancy Tribunal Case 4704709 — Rent arrears

Order

Elchanah Kuperman and Henni Kuperman must pay Rentals.Co.Nz Limited T/A: Rental Experts as Agent for G Cate $12021.27 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$12,300.00 Filing fee reimbursement$20.44 Water rates$491.13 Carpet Cleaning$90.00 Rubbish removal$57.50 Cleaning$487.50 light fitting$119.40 Insurance excess$750.00 Repairs: vinyl$333.50 Repairs: vanity$448.50 Early release costs$373.30 Total award$16221.27 Minus Bond-$4,200.00 Total payable by Tenant to Landlord$12021.27
The Bond Centre is to pay the bond of $4,200.00 (3725054-001) to Rentals.Co.Nz Limited T/A: Rental Experts as Agent for G Cate immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent 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 bills?

The tenancy ended on 26 April 2023. The landlord provided rent records and water rates invoices which prove the amount of 12,300.00 in rent arrears and $491.13 in water bills owing at the end of the tenancy.
This was a fixed term tenancy that commenced on 22 August 2022 and was to terminate on 22 August 2023. The tenant left the property early on 26 April 2023 and the rent arrears are for rent until 21 July 2023 when a new tenant took over the property.
A fixed term tenancy cannot be ended by notice from the tenant. The tenancy ends at the completion of the fixed term unless terminated by the Tribunal or by the consent of both parties.
The Tribunal did not order a reduction of the fixed term and the parties did not have an agreement to end the fixed term.
The tenants claim that there was an agreement with the landlord that there would be air conditioning units put into the master bedroom and the living room at the start of the tenancy.
This was disputed by the landlord. It is accepted that the parties did have a discussion about air conditioning in the bedroom, but the landlord is adamant that this was not a condition of the tenancy.
An air conditioning unit was installed in the living room but not the master bedroom. The tenants claim that they were entitled to cancel the fixed term tenancy as a result of the breach of the agreement to install the air conditioning unit.
The tenants cannot prove that the landlord represented to them that an air conditioning unit would be installed in the bedroom, such as a variation to the tenancy agreement or an undertaking in writing.
The landlord claims that the property could not be re-tenanted immediately because of the repairs and insurance claims that were needed after the tenants caused damage to the property.
I am satisfied that the landlord has proven their claim for the rent arrears.
There is no dispute by the tenants that they owe water bills of $491.13.
I find the amounts ordered for the water bills and rent arrears are proven.

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 and did not remove all rubbish.
The tenants do not dispute the landlords’ costs for carpet cleaning, general cleaning, rubbish removal. The landlord has provided invoices for $577.50 for carpet cleaning and cleaning of the premises and $57.50 for rubbish removal.
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: -Light fitting in lounge broken. -Water damage to the laundry floor -Water damage to the vanity -Damage to the kitchen flooring.
The landlord has provided invoices for all the repairs and or insurance documents relating to excess claims, inspection reports, photos of damage and the pre let inspection report and photos. Light fitting
The tenants accept that they broke the light fitting and agree to pay the replacement cost of $119.40 for the new fitting. The landlord provided an invoice for the cost of the replacement light fitting. Laundry floor
The landlord has provided photos of damage to the laundry floor after an inspection in November 2022. The landlord had the property checked for leaks and none were found that could have caused the damage to the laundry floor. The landlord made an insurance claim for the repairs to the laundry floor and seeks the excess paid for the claim.
The landlord seeks $750.00 excess for the insurance claim. The tenants do not dispute the claim for the excess amount.
I find the landlord has proven their claim for the insurance excess for the laundry flooring. Bathroom vanity
The landlord seeks to claim the cost of replacing the bathroom vanity as a result of water damage caused during the tenancy.
The landlord has provided an invoice for $448.50. for the replacement costs of the vanity and the tenants do not dispute the amount claimed. Kitchen Vinyl
The landlord seeks the cost of repairing tears in the kitchen vinyl. The damage was not there at the start of the tenancy and is beyond fair wear and tear. The landlord seeks the sum of $333.50 for the patching of the vinyl.
The tenant does not dispute the amount claimed. Kitchen fire
The insurance excess of $750.00 for the kitchen fire are accepted by the tenants.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered for the insurance excesses for the kitchen fire and the laundry flooring, light fitting, vinyl floor repairs and bathroom vanity are proved. Early termination costs.
The landlord seeks the costs of the fees associated with the early termination of the fixed term tenancy.
The tenants left the property with four months to go on the fixed term.
If a tenant leaves a fixed term tenancy before the termination date, the landlord may claim the reasonable costs of re-letting to new tenants.
Part of the landlords costs they are claim are for are the methamphetamine testing of $339.25, advertising of $193.20, ingoing inspection costs of $287.50 and $300.00 for the property manager’s time. The total cost is $1119.99.
These costs are the standard costs that a landlord would incur at the end of each tenancy and not unique to this tenancy. I accept that the costs were incurred 4 months earlier than expected and so the landlord should be entitled to some compensation.
However, I am awarding the sum of one third of these costs which is $373.30.
Because Rentals.Co.Nz Limited T/A: Rental Experts as Agent for G Cate has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4704709 — Rent arrears at 124 Beach Road, Onerahi, Whangarei 0110

Tenancy Tribunal case 4704709 — Rent arrears at 124 Beach Road, Onerahi, Whangarei 0110

Order

Reasons

How much is owed for rent and water bills?

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 bills?

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