What was the outcome of Tenancy Tribunal case 4742409?

The tribunal order states: Muhammad Nasir, Muhammad Amir and Syeda Sidra Amir must pay Pro

How much money was awarded in case 4742409?

Cleaning: $580.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4742409?

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

Where can I read the official tribunal order for case 4742409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10089057-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4742409?

The tribunal order states: Muhammad Nasir, Muhammad Amir and Syeda Sidra Amir must pay Pro

How much money was awarded in case 4742409?

Cleaning: $580.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $2,000.00 awarded to landlord

What type of tenancy dispute was case 4742409?

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

Where can I read the official tribunal order for case 4742409?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10089057-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 28 Sequoia Place, Sunnynook, Auckland 0620 Tenancy Tribunal Case 4742409 — Property damage

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Unit/Flat 1, 28 Sequoia Place, Sunnynook, Auckland 0620 Tenancy Tribunal Case 4742409 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4742409 — net $860.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Kitchen cleaning (by consent	$580.00	Cleaning: Kitchen cleaning (by consent
Replace furnishings: Carpet replacement	$2,000.00	Replace furnishings: Carpet replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$860.44
Total payable by Tenant to Landlord	$860.44

Claims and awards for application 4742409 — net $860.44 NZD. Verify on MoJ.

Cleaning: Kitchen cleaning (by consent

Amount: $580.00
Awarded to: Landlord
Reason: Cleaning: Kitchen cleaning (by consent

Replace furnishings: Carpet replacement

Amount: $2,000.00
Awarded to: Landlord
Reason: Replace furnishings: Carpet replacement

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $860.44

Total payable by Tenant to Landlord

Landlord $860.44

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Muhammad Nasir, Muhammad Amir and Syeda Sidra Amir must pay Pro Management (Auckland) Limited $860.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,740.00 (6173745-001) to Pro Management (Auckland) Limited immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, 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 kitchen reasonably clean and tidy. The landlord says that the kitchen needed extensive cleaning which required a professional cleaner. The landlord also provided before and after photographic evidence of the kitchen. I have also sighted the invoice from the cleaner dated 13 November 2023. The tenant also accepts this claim.
The amount ordered is 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 says that the tenants damaged the carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I accept that the damage was not intentional.
The landlord says that the carpet needs replacing. The tenant confirms that the same carpet was there when they moved in. The carpet is at least 6 years old. The landlord has not claimed insurance. I have sighted the quote from Vita Support dated 5 November 2023 which confirms the replacement cost of the carpet.
The landlord provided photographs taken at the time the tenants moved into the property. The exit photos clearly show damage to the carpet in numerous places throughout the premises. The evidence shows that the damage is careless and not intentional.
I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The IRD estimated useful lifespan of carpet in rental properties is 8 years.
The amount ordered is proved.
Because Pro Management (Auckland) Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4742409 — net $860.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Kitchen cleaning (by consent	$580.00	Cleaning: Kitchen cleaning (by consent
Replace furnishings: Carpet replacement	$2,000.00	Replace furnishings: Carpet replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$860.44
Total payable by Tenant to Landlord	$860.44

Claims and awards for application 4742409 — net $860.44 NZD. Verify on MoJ.

Cleaning: Kitchen cleaning (by consent

Amount: $580.00
Awarded to: Landlord
Reason: Cleaning: Kitchen cleaning (by consent

Replace furnishings: Carpet replacement

Amount: $2,000.00
Awarded to: Landlord
Reason: Replace furnishings: Carpet replacement

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $860.44

Total payable by Tenant to Landlord

Landlord $860.44

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Muhammad Nasir, Muhammad Amir and Syeda Sidra Amir must pay Pro Management (Auckland) Limited $860.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,740.00 (6173745-001) to Pro Management (Auckland) Limited immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, 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 kitchen reasonably clean and tidy. The landlord says that the kitchen needed extensive cleaning which required a professional cleaner. The landlord also provided before and after photographic evidence of the kitchen. I have also sighted the invoice from the cleaner dated 13 November 2023. The tenant also accepts this claim.
The amount ordered is 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 says that the tenants damaged the carpet. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I accept that the damage was not intentional.
The landlord says that the carpet needs replacing. The tenant confirms that the same carpet was there when they moved in. The carpet is at least 6 years old. The landlord has not claimed insurance. I have sighted the quote from Vita Support dated 5 November 2023 which confirms the replacement cost of the carpet.
The landlord provided photographs taken at the time the tenants moved into the property. The exit photos clearly show damage to the carpet in numerous places throughout the premises. The evidence shows that the damage is careless and not intentional.
I have taken into account 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 taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. The IRD estimated useful lifespan of carpet in rental properties is 8 years.
The amount ordered is proved.
Because Pro Management (Auckland) Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4742409 — Property damage at Unit/Flat 1, 28 Sequoia Place, Sunnynook, Auckland 0620

At a glance

Tenancy Tribunal case 4742409 — Property damage at Unit/Flat 1, 28 Sequoia Place, Sunnynook, Auckland 0620

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