What was the outcome of Tenancy Tribunal case 4739513?

The tribunal order states: James Billy Sua and Maria Mareta Lopati must pay Anemax Property

How much money was awarded in case 4739513?

Cleaning: $517.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent: $4,600.00 awarded to landlord; Painting: $3,565.00 awarded to landlord; Plastering: $920.00 awarded to landlord; Water Charges To End Of Tenancy: $838.06 awarded to landlord

What type of tenancy dispute was case 4739513?

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

Where can I read the official tribunal order for case 4739513?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10138855-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4739513?

The tribunal order states: James Billy Sua and Maria Mareta Lopati must pay Anemax Property

How much money was awarded in case 4739513?

Cleaning: $517.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent: $4,600.00 awarded to landlord; Painting: $3,565.00 awarded to landlord; Plastering: $920.00 awarded to landlord; Water Charges To End Of Tenancy: $838.06 awarded to landlord

What type of tenancy dispute was case 4739513?

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

Where can I read the official tribunal order for case 4739513?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10138855-Tribunal_Order.pdf.

16 Pate Crescent, Favona, Auckland 2024 Tenancy Tribunal Case 4739513 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4739513 — net $7,661.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 20 November 2023	$4,600.00	Rent to 20 November 2023
Water charges to end of tenancy	$838.06	Water charges to end of tenancy
Carpet Cleaning	$517.50	Carpet Cleaning
Repairs: plastering	$920.00	Repairs: plastering
Repairs: painting	$3,565.00	Repairs: painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,661.00
Total payable by Tenant to Landlord	$7,661.00

Both parties attended the hearing on 26 March 2024. The tenant attended after the landlord’s application had been heard but, because the landlord was still available, I decided to rehear the application with both parties present.

The landlord has applied for rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent and Water

The tenancy ended on 20 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The tenant said he was prepared to accept the rent and water charges as correct. Carpet Cleaning

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.

The carpets had black marks on them at the end of the tenancy upstairs and on the stairs. The tenant did not dispute the cleaning cost. Damage to Walls

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.

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. The excess was $1,100.00 and the weekly rent was $700.00.

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.

There was damage to the walls during the tenancy in most rooms. The damage is minor but widespread. The landlord decided to repaint the house and obtained a quote for $8,050.00. The damage, which includes damage to the plaster, is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The tenancy ran for 5 years, so the walls were 5 years old at the end of the tenancy. 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.

I agree with the landlord that the tenant should pay the plastering cost ($920.00) in full, because with usual wear and tear the walls might require painting after 5 years but would not require re-plastering. I discount the preparation and painting cost ($7,130.00) by 50%. By my calculation the award for wall repairs is $4,485.00 ($7,130.00 - $3,565.00 plus $920.00).

The tenant submitted that the landlord ought to have given him the opportunity to repaint the walls. He is a builder and knows painters who could have done the work for a third of the cost.

Landlords do have an obligation to take all reasonable steps to mitigate their loss if the tenant breaches the tenancy, but it is not a high standard. Following the end of a tenancy, the landlord does not have to provide the tenant with an opportunity to remedy. The landlord is usually entitled to proceed with repairs themselves.

In this case, while perhaps the repairs could have been done at lower cost, the landlord wanted their own professional painters to do the work. I am not satisfied that the landlord failed to mitigate its loss by not accepting the tenant’s offer to repair the walls. The available evidence does not show a clear, detailed offer from the tenant to repaint using a qualified identified tradesperson, within a specified time, or at a specified price. Filing fee

The landlord’s application has been substantially successful. I award the filing fee and grant suppression as requested.

Claims and awards in Tenancy Tribunal application 4739513 — net $7,661.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 20 November 2023	$4,600.00	Rent to 20 November 2023
Water charges to end of tenancy	$838.06	Water charges to end of tenancy
Carpet Cleaning	$517.50	Carpet Cleaning
Repairs: plastering	$920.00	Repairs: plastering
Repairs: painting	$3,565.00	Repairs: painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,661.00
Total payable by Tenant to Landlord	$7,661.00

Order

James Billy Sua and Maria Mareta Lopati must pay Anemax Property Management Limited as Agent for Yan Wu $7,661.00 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing on 26 March 2024. The tenant attended after the landlord’s application had been heard but, because the landlord was still available, I decided to rehear the application with both parties present.
The landlord has applied for rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent and Water
The tenancy ended on 20 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. The tenant said he was prepared to accept the rent and water charges as correct. Carpet Cleaning
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.
The carpets had black marks on them at the end of the tenancy upstairs and on the stairs. The tenant did not dispute the cleaning cost. Damage to Walls
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.
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. The excess was $1,100.00 and the weekly rent was $700.00.
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.
There was damage to the walls during the tenancy in most rooms. The damage is minor but widespread. The landlord decided to repaint the house and obtained a quote for $8,050.00. The damage, which includes damage to the plaster, is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenancy ran for 5 years, so the walls were 5 years old at the end of the tenancy. 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.
I agree with the landlord that the tenant should pay the plastering cost ($920.00) in full, because with usual wear and tear the walls might require painting after 5 years but would not require re-plastering. I discount the preparation and painting cost ($7,130.00) by 50%. By my calculation the award for wall repairs is $4,485.00 ($7,130.00 - $3,565.00 plus $920.00).
The tenant submitted that the landlord ought to have given him the opportunity to repaint the walls. He is a builder and knows painters who could have done the work for a third of the cost.
Landlords do have an obligation to take all reasonable steps to mitigate their loss if the tenant breaches the tenancy, but it is not a high standard. Following the end of a tenancy, the landlord does not have to provide the tenant with an opportunity to remedy. The landlord is usually entitled to proceed with repairs themselves.
In this case, while perhaps the repairs could have been done at lower cost, the landlord wanted their own professional painters to do the work. I am not satisfied that the landlord failed to mitigate its loss by not accepting the tenant’s offer to repair the walls. The available evidence does not show a clear, detailed offer from the tenant to repaint using a qualified identified tradesperson, within a specified time, or at a specified price. Filing fee
The landlord’s application has been substantially successful. I award the filing fee and grant suppression as requested.

Tenancy Tribunal case 4739513 — Property damage at 16 Pate Crescent, Favona, Auckland 2024

At a glance

Tenancy Tribunal case 4739513 — Property damage at 16 Pate Crescent, Favona, Auckland 2024

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions