What was the outcome of Tenancy Tribunal case 4747389?

The tribunal order states: Meri Tuipea and Matafaa Teofilo must pay Damerell Group Property

How much money was awarded in case 4747389?

Cleaning: $828.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $380.82 awarded to landlord; Property Damage: $405.43 awarded to landlord; Rent Arrears: $650.00 awarded to landlord; Carpet: $500.00 awarded to landlord; Drains: $184.00 awarded to landlord; Lawns: $1,652.27 awarded to landlord; Window Latches: $70.69 awarded to landlord; Rubbish Removal: $1,180.48 awarded to landlord; Water Rates: $359.26 awarded to landlord

What type of tenancy dispute was case 4747389?

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

Where can I read the official tribunal order for case 4747389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10718209-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4747389?

The tribunal order states: Meri Tuipea and Matafaa Teofilo must pay Damerell Group Property

How much money was awarded in case 4747389?

Cleaning: $828.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $380.82 awarded to landlord; Property Damage: $405.43 awarded to landlord; Rent Arrears: $650.00 awarded to landlord; Carpet: $500.00 awarded to landlord; Drains: $184.00 awarded to landlord; Lawns: $1,652.27 awarded to landlord; Window Latches: $70.69 awarded to landlord; Rubbish Removal: $1,180.48 awarded to landlord; Water Rates: $359.26 awarded to landlord

What type of tenancy dispute was case 4747389?

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

Where can I read the official tribunal order for case 4747389?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10718209-Tribunal_Order.pdf.

17A Arnwood Street, Manurewa, Auckland 2102 Tenancy Tribunal Case 4747389 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 4747389. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 1	$650.00	Rent arrears 1
Water rates	$359.26	Water rates
Pest control	$380.82	Pest control
Lock/key replacement	$405.43	Lock/key replacement
Repairs: Lawns	$1,652.27	Repairs: Lawns
Cleaning	$828.00	Cleaning
Rubbish removal	$1,180.48	Rubbish removal
Repairs: carpet	$500.00	Repairs: carpet
Repairs: window latches	$70.69	Repairs: window latches
Repairs: drains	$184.00	Repairs: drains
Filing fee reimbursement	$20.44	Filing fee reimbursement

Only the landlord attended the hearing.

The landlord has provided records which prove the amounts ordered above for unpaid rent and water bills.

The landlord has also applied for compensation 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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The photographs show the property to be in a filthy condition at the end of the tenancy. There was rubbish left behind, including old mattresses, bed bases and the like. No care or attempt has been made to clean this property at the end of the tenancy. The property had a flea and cockroach infestation and had to be treated. I consider the amount ordered above for cleaning and rubbish removal to be very reasonable in the circumstances.

The tenant did not return the keys. The amount ordered above is proven.

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.

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 claims the sum of $650, being the excess on a successful claim to its insurer for the loss of all the curtains. The landlord says the curtains were in good condition at the outset of the tenancy. They were in all rooms of the house. At the end of the tenancy, the original curtains had been replaced. In two rooms, silky type curtains had been installed. These also had to be replaced. The original curtains were nowhere to be seen.

The claim was accepted by the insurer and the landlord is only seeking the excess amount of $650.

The full cost of the replacement curtains was $2150.

I am not prepared to make any award for the curtains. Curtains have a limited life span. They would likely have been coming to the end of that life span at the end of this 6 year tenancy anyway. I would not have been minded to make any award for the curtains, even if there had been no successful claim for insurance. I am satisfied the tenants have removed the curtains and that they have been replaced however the landlord has had the benefit of the insurance claim by way of compensation.

The tenants have damaged the carpet in two rooms, to the extent the carpet needed to be replaced. In one room, there is a large rip, most likely caused by the tenant’s dog chewing the carpet and ripping it. In the second room, there was heavy staining. The carpet has a longer life span that curtains in bedrooms, but after 6 years, there is a significant level of depreciation. That said, had the carpets been left in reasonable condition (subject only to wear and tear), the landlord may not have had to have incurred the cost of replacing them.

I am prepared to allow compensation in the sum of $500 for the damage to the carpets. This takes into account depreciation of the existing carpet and betterment of the replacement with new carpets. 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 carpet at the start of the tenancy and its likely useful lifespan.

The lawns had to be replanted after the tenants left. The tenants dug up the lawns and planted taro plants. They did this without the permission of the landlord. The cost of digging those plants out and reseeding the lawns was $1,652.27. I consider this a reasonable cost in the circumstances and order it to be paid by the tenants.

The drains were blocked at the end of the tenancy. I am satisfied the sum ordered above was a reasonable cost to have the drains unblocked. Likewise I consider the amount to replace the window stays, as ordered above, also very reasonable in the circumstances. The tenants have caused the drains to be blocked, most likely by pouring fat down the sink, and have removed all the windows latches, for reasons unknown.

Because Damerell Group Property Management 2 Limited as agent for Synergi Properties Limited has wholly succeeded with the claim I must reimburse the filing fee.

Damerell Group Property Management 2 Limited as agent for Synergi Properties Limited does not seek suppression.

Reasons

Claims and awards in Tenancy Tribunal application 4747389. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 1	$650.00	Rent arrears 1
Water rates	$359.26	Water rates
Pest control	$380.82	Pest control
Lock/key replacement	$405.43	Lock/key replacement
Repairs: Lawns	$1,652.27	Repairs: Lawns
Cleaning	$828.00	Cleaning
Rubbish removal	$1,180.48	Rubbish removal
Repairs: carpet	$500.00	Repairs: carpet
Repairs: window latches	$70.69	Repairs: window latches
Repairs: drains	$184.00	Repairs: drains
Filing fee reimbursement	$20.44	Filing fee reimbursement

Only the landlord attended the hearing.

The landlord has provided records which prove the amounts ordered above for unpaid rent and water bills.

The landlord has also applied for compensation following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

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 amount ordered above is proven.

Is the tenant responsible for the damage to the premises?

The claim was accepted by the insurer and the landlord is only seeking the excess amount of $650.

The full cost of the replacement curtains was $2150.

Because Damerell Group Property Management 2 Limited as agent for Synergi Properties Limited has wholly succeeded with the claim I must reimburse the filing fee.

Damerell Group Property Management 2 Limited as agent for Synergi Properties Limited does not seek suppression.

Tenancy Tribunal case 4747389 — Property damage at 17A Arnwood Street, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4747389 — Property damage at 17A Arnwood Street, Manurewa, Auckland 2102

At a glance

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

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