Published tribunal order
Tenancy Tribunal case 4751930 — Rent arrears at 75 Wattle Drive, New Brighton, Christchurch 8083
Decided 4 Mar 2024 · Published 4 Mar 2024 · Application 4751930
Landlord favoured
- Rent arrears
- Property damage
Order
- Mariana Louise-Puti Smith must pay Trott Dairy Limited $3,785.13 immediately, calculated as shown in table below.
- The landlord’s claim for oven door repair is dismissed.
Reasons
- Both parties attended the hearing. Ms Mitchell attended on behalf of the landlord.
- The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
- The tenancy ended on 12 December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy being $5,626.43 for rent arrears and $70.35 for water rates.
- Trott Dairy Limited took over management of the property from The Good Girls Limited on 16 October 2023. At that time there was $715.00 rent arrears and the tenant acknowledged at the hearing that she had made one payment of $400.00 between 16 October 2023 and the end of the tenancy. She also confirmed that she had not paid the water rates invoice.
- The landlord confirmed that the full bond of $2040.00 has been paid by the Bond Centre to Trott Dairy Limited.
- The amounts ordered, being $5,626.43 for rent arrears and $70.35 for water rates, 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 under sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (the Act).
- Where the damage is careless, and occurs after 27 August 2019, section 49B of the Act applies. If the landlord becomes aware of the damage after 27 August 2019, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
- A window was broken during the tenancy. The tenant accepted responsibility for the outstanding cost of repairing the window, being $107.91.
- The landlord gave evidence that the outer glass panel of the oven door had been left at the property detached from the oven with the handle broken. It was found in that state at the final inspection after the tenant had shifted out of the property. An invoice for $356.50 was provided to support this claim. The invoice was for removal of the door to the workshop, replacement of the hinges, repair to the door and reinstallation of the door following the repair.
- The tenant gave evidence that she had told the previous property management company that the oven door/glass came loose when it was being cleaned. She explained that this had happened again on the last day of the tenancy. She said that she had left the detached door at the property when she vacated the tenancy.
- There does not seem to be any dispute that there was a problem with the oven door.
- The tenant had only received the documents relating to this application a few days before the hearing as an incorrect email address had been provided in the application form. In these circumstances, I gave her two days to provide additional information in support of the evidence given at the hearing.
- Photographs and other information were provided by both parties after the hearing as requested.
- Although the tenant was not able to find the email to the previous property manager telling them about the issue with the door, I do not consider that the landlord has proven that the damage to the oven door was more than fair wear and tear. The invoice refers to replacement of hinges which does not particularly suggest any fault on the part of the tenant.
- The landlord’s claim for repairs to the oven door is dismissed.
- As Trott Dairy Limited has substantially succeeded with the claim I have reimbursed the filing fee.