Published tribunal order
Tenancy Tribunal case 4752431 — Rent arrears at 774 Chapel Road, Shamrock Park, Auckland 2016
Decided 31 May 2024 · Published 31 May 2024 · Application 4752431
Landlord favoured
- Rent arrears
- Property damage
- Cleanliness
Order
- Huy Anh Nguyen, Tam Thi Minh Nguyen and Trang Quang Nguyen must pay Haven Living Management Limited T/A: Walker Weir Property Management $3,678.76 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $40.00 (6077066-002) to Haven Living Management Limited T/A: Walker Weir Property Management immediately.
Reasons
- The landlord attended the hearing. The tenant did not.
- I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
- The landlord has applied for rent arrears, compensation, refund of the remainder of the bond, 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 14 January 2024. The landlord provided rent records and water rates invoices which prove the amount owing at 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 premises reasonably clean and tidy and did not remove all rubbish.
- 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: a. The vertical blinds were damaged; b. The doors in the bathroom needed repair; c. The side panels on the bathroom cabinet drawers required repair; d. The vanity benchtop needed repainting; e. The vanity doors needed retrimming; and f. A vanity door needed replacing.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The amounts ordered are proved.
- I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
- Most of the $2,480.00 bond was released to the landlord by mediator’s order on 1 February 2024. This was used to offset a further $1,157.50 rent arrears and $862.50 of general damages/compensation from the garden and lawn maintenance costs incurred by the landlord. The remaining $40.00 bond has been released to the landlord to offset some of the remain vacated damage amounts ordered. Reimbursement of the application fee
- Because Haven Living Management Limited T/A: Walker Weir Property Management has wholly succeeded with the claim I must reimburse the filing fee.