Published tribunal order
Tenancy Tribunal case 4780161 — Property damage at 41 Hyde Street, Wainuiomata, Lower Hutt 5014
Decided 20 Mar 2024 · Published 20 Mar 2024 · Application 4780161
Landlord favoured
- Property damage
- Cleanliness
- Rent arrears
Order
- Kiasha Price must pay Jasbir Singh, Ramanpreet Kaur, Jarnail Singh Phagura As Trustees For Phagura Family Trust $1,428.00 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to 8 January 2024$742.85 Repairs: to walls and repainting$750.00 Painting$190.00 Glass replacement window and door$515.00 Oven replacement 6/14ths$278.57 Carpet Cleaning$321.14 Kitchen cupboard drawers$60.00 Touchup work - wall scratches$150.00 Front entrance door beading work$300.00 Contractor service charge$100.00 Cleaning$450.00 Rubbish removal$150.00 Total award$4,028.00 Bond$2,600.00 Total payable by Tenant to Landlord$1,428.00
- The Bond Centre is to pay the bond of $2,600.00 (5441511-003) to Jasbir Singh, Ramanpreet Kaur, Jarnail Singh Phagura As Trustees For Phagura Family Trust immediately.
Reasons
- Only the landlord 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.
- The tenancy ended on 8 January 2024. The landlord provided rent records 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 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.
- Damage was caused during the tenancy to walls, glass in a window and door and the oven was unrepairable. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- 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.
- I have depreciated the loss on the oven. It was 8 years old. It had a life of 14 years. The landlord is entitled to 6/14ths of the replacement cost and labour to install. Exemplary damages
- The applicant has applied for exemplary damages. The tenant has breached section 40(2)(a) of the Residential Tenancies Act 1986 however the breaches are not unlawful acts that are set out in the Residential Tenancies Act 1986. The claim for exemplary damages is dismissed. Filing Fee
- Because the landlord has been wholly successful with the claim, the filing fee of $20.44 is ordered.