What was the outcome of Tenancy Tribunal case 4757617?

The tribunal order states: Wiki Galvin and Kiani Taituha to pay ETB Realty Limited $118.44 immediately,

How much money was awarded in case 4757617?

Cleaning: $253.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,035.00 awarded to landlord; Replace Broken Toilet Seat: $90.00 awarded to landlord

What type of tenancy dispute was case 4757617?

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

Where can I read the official tribunal order for case 4757617?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10007656-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4757617?

The tribunal order states: Wiki Galvin and Kiani Taituha to pay ETB Realty Limited $118.44 immediately,

How much money was awarded in case 4757617?

Cleaning: $253.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,035.00 awarded to landlord; Replace Broken Toilet Seat: $90.00 awarded to landlord

What type of tenancy dispute was case 4757617?

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

Where can I read the official tribunal order for case 4757617?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10007656-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 22 Carnot Street, Glenholme, Rotorua 3010 Tenancy Tribunal Case 4757617 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4757617. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Clean Interior Premises and Remove Rubbish	$253.00	Clean Interior Premises and Remove Rubbish
Repair Walls (Lounge	$1,035.00	Repair Walls (Lounge
Replace Broken Toilet Seat	$90.00	Replace Broken Toilet Seat
Application Filing Fee	$20.44	Application Filing Fee

Both parties attended the hearing.

The landlord has applied for rent arrears, 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?

DescriptionLandlord Clean Interior Premises and Remove Rubbish$253.00 Repair Walls (Lounge)$1,035.00 Replace Broken Toilet Seat$90.00 Application Filing Fee$20.44 Total award$1,398.44 Minus Bond- $1,280.00 Tenant to Pay$118.44

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. I have considered the Landlord’s photographic and oral evidence as to the condition of the premises and approve the claim for cleaning costs: $253.00

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. Walls in lounge requiring repainting due to extensive mould growth. The home, a small flat, is healthy homes compliant according to the property manager. There is an extractor fan in the kitchen, which adjoins the lounge, with opening windows, on stays, providing ventilation. The Landlord says the Tenants, by their own admission, kept the home closed up and did not allow the air to circulate, or, apparently, allow moisture to escape. The cost of repairing the walls, which were damaged by the extensive mould growth came to $1,035.00. b. A toilet seat was broken by the tenant. The Landlord says the Tenant accepted liability and agreed to replace the seat, but never got around to it. The Landlord replaced it at a cost of $90.00

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Etb Realty Limited As Agent For Narendra Singh has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4757617. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Clean Interior Premises and Remove Rubbish	$253.00	Clean Interior Premises and Remove Rubbish
Repair Walls (Lounge	$1,035.00	Repair Walls (Lounge
Replace Broken Toilet Seat	$90.00	Replace Broken Toilet Seat
Application Filing Fee	$20.44	Application Filing Fee

Order

Wiki Galvin and Kiani Taituha to pay ETB Realty Limited $118.44 immediately, calculated as follows:
The Bond Centre is to pay the bond of $1,280.00 (5491085-009) to ETB Realty Limited immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, 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 premises reasonably clean and tidy and did not remove all rubbish. I have considered the Landlord’s photographic and oral evidence as to the condition of the premises and approve the claim for cleaning costs: $253.00

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. Walls in lounge requiring repainting due to extensive mould growth. The home, a small flat, is healthy homes compliant according to the property manager. There is an extractor fan in the kitchen, which adjoins the lounge, with opening windows, on stays, providing ventilation. The Landlord says the Tenants, by their own admission, kept the home closed up and did not allow the air to circulate, or, apparently, allow moisture to escape. The cost of repairing the walls, which were damaged by the extensive mould growth came to $1,035.00. b. A toilet seat was broken by the tenant. The Landlord says the Tenant accepted liability and agreed to replace the seat, but never got around to it. The Landlord replaced it at a cost of $90.00
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Etb Realty Limited As Agent For Narendra Singh has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4757617 — Property damage at Unit/Flat 4, 22 Carnot Street, Glenholme, Rotorua 3010

At a glance

Tenancy Tribunal case 4757617 — Property damage at Unit/Flat 4, 22 Carnot Street, Glenholme, Rotorua 3010

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