What was the outcome of Tenancy Tribunal case 4801378?

The tribunal order states: Kataraina Marie Waara must pay Rent A House Limited As Agent For A White

How much money was awarded in case 4801378?

Cleaning: $414.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $276.00 awarded to landlord; Property Damage: $1,160.00 awarded to landlord; Rent Arrears: $742.86 awarded to landlord; Property Damage: $500.00 awarded to landlord; Wallpaper: $692.87 awarded to landlord; Rubbish Removal: $1,256.00 awarded to landlord

What type of tenancy dispute was case 4801378?

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

Where can I read the official tribunal order for case 4801378?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10140308-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4801378?

The tribunal order states: Kataraina Marie Waara must pay Rent A House Limited As Agent For A White

How much money was awarded in case 4801378?

Cleaning: $414.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $276.00 awarded to landlord; Property Damage: $1,160.00 awarded to landlord; Rent Arrears: $742.86 awarded to landlord; Property Damage: $500.00 awarded to landlord; Wallpaper: $692.87 awarded to landlord; Rubbish Removal: $1,256.00 awarded to landlord

What type of tenancy dispute was case 4801378?

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

Where can I read the official tribunal order for case 4801378?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10140308-Tribunal_Order.pdf.

6 Abraham Crescent, Milson, Palmerston North 4414 Tenancy Tribunal Case 4801378 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4801378 — net $2,742.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$742.86	Rent arrears
Cleaning	$414.00	Cleaning
Rubbish removal: includes flexi bin	$1,256.00	Rubbish removal: includes flexi bin
Lawns and Garden work	$276.00	Lawns and Garden work
Repairs: wallpaper	$692.87	Repairs: wallpaper
Repairs: insurance excess	$500.00	Repairs: insurance excess
Insurance excess for loss of rent	$1,160.00	Insurance excess for loss of rent
Filing fee	$20.44	Filing fee
Net award	$2,742.17
Total payable by Tenant to Landlord	$2,742.17

Kataraina Marie Waara must pay Rent A House Limited As Agent For A White And C Hes $2,742.17 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,320.00 (5253310-009) to Rent A House Limited as gent For A White And C Hes immediately.

The claim for theft of paint is dismissed.

44 Total award$5,062.17 1 The original order issued on 21 March 2024 contained a miscalculation. Although the rubbish removal referred to the flexi bin expense, the full cost incurred was not included in the total amount for rubbish removal. That has now been remedied and the total order adjusted accordingly. Bond$2,320.00 Total payable by Tenant to Landlord$2,742.17

Reasons

The landlord attended the hearing. The tenant did not.

The tenancy commenced on 20 June 2022 in the name of the tenant and another person. The landlord produced a copy of a mediated order from 28 April 2023 in which it is recorded that the second tenant had vacated the tenancy and Kataraina Waara accepts liability for the tenancy.

The landlord provided evidence that although the tenancy recorded the tenant’s name as Kataraina Marie Waara, the passport identification she provided when applying for the tenancy was in the surname of Douglas. The landlord also produced mail that has been received at the premises since the tenancy was terminated and it is address to Kataraina Douglas. The order is therefore notated to recognise that the tenant may be using either name.

The landlord has applied for rent arrears, compensation, refund of the bond, exemplary damages and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 18 December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $742.86. That amount is ordered.

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.

The tenant advised the landlord that she was moving out before 18 December and arrangements were made for a final inspection on 13 December. The tenant did not attend the inspection. She had moved out, but photos showed that she had left a lot of items including food in the fridge, a waste bag full of rubbish, rubbish all over the property inside and out. No cleaning had been done and the lawns needed mowing.

The landlord had to pay for the waste bag to be removed as well as organising further disposal of rubbish. Invoices were submitted for the amounts ordered.

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.

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 has had an insurance claim accepted for damage caused by the tenant’s son to the property when he caused considerable damage to the walls with a grinder. Reimbursement of the insurance excess of $500 is ordered.

There was further damage in the lounge and hallways where wallpaper was ripped. I am satisfied that the damage was more than fair wear and tear, and the tenant has not disproved liability for the damage. 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. Because the original wallpaper was clearly aged, I considered reducing the amount claimed to take into account depreciation. However, the landlord has not replaced the entire walls, simply patching and repairing. The among claimed of $692.87 is reasonable and is ordered.

The landlord had other claims for repairs based on quotes. Because the loss has not been incurred, it is premature for the Tribunal to make orders. I have allowed the claims for plumbing, further paint and repair and carpet cleaning to be withdrawn and a further application may be made.

The claim for exemplary damages also needs further substantiation and I have allowed that to be withdrawn so that the landlord can properly argue it. Paint

The landlord claimed $1,041.35 for paint that they say was stolen from the premises.

A receipt for the paint, bought in 2019 was produced. The landlord said that it was bought for use on the premises and had remained there. In some photos, there are some paint tins and buckets visible, and the entry inspection report refers to “paint” in the comments. However, no further details were provided. There is no reference to the paint in the tenancy agreement. It was not a chattel for the use of the tenant. There was no reference to the landlord storing the paint in the garage. It is not clear that they are the same paint tins as set out in the 2019 receipt or that they are full. No statement from the owner was produced.

In any event it is difficult to see that this is a matter for the Tenancy Tribunal to determine. Theft of chattels that are not part of the tenancy agreement is not within the Tenancy Tribunal’s jurisdiction. The landlord may like to pursue this elsewhere. The claim for taking the paint is dismissed. Loss of rent

The landlord’s insurers have accepted a claim for loss of rent while repairs are undertaken. The landlord produced an email from the insurers showing that an excess of $1160.00 must be covered by the landlord. That amount is ordered.

Because Rent A House Limited As Agent For A White And C Hes has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4801378 — net $2,742.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$742.86	Rent arrears
Cleaning	$414.00	Cleaning
Rubbish removal: includes flexi bin	$1,256.00	Rubbish removal: includes flexi bin
Lawns and Garden work	$276.00	Lawns and Garden work
Repairs: wallpaper	$692.87	Repairs: wallpaper
Repairs: insurance excess	$500.00	Repairs: insurance excess
Insurance excess for loss of rent	$1,160.00	Insurance excess for loss of rent
Filing fee	$20.44	Filing fee
Net award	$2,742.17
Total payable by Tenant to Landlord	$2,742.17

Order

Kataraina Marie Waara must pay Rent A House Limited As Agent For A White And C Hes $2,742.17 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,320.00 (5253310-009) to Rent A House Limited as gent For A White And C Hes immediately.
The claim for theft of paint is dismissed.
44 Total award$5,062.17 1 The original order issued on 21 March 2024 contained a miscalculation. Although the rubbish removal referred to the flexi bin expense, the full cost incurred was not included in the total amount for rubbish removal. That has now been remedied and the total order adjusted accordingly. Bond$2,320.00 Total payable by Tenant to Landlord$2,742.17

Reasons

The landlord attended the hearing. The tenant did not.
The tenancy commenced on 20 June 2022 in the name of the tenant and another person. The landlord produced a copy of a mediated order from 28 April 2023 in which it is recorded that the second tenant had vacated the tenancy and Kataraina Waara accepts liability for the tenancy.
The landlord provided evidence that although the tenancy recorded the tenant’s name as Kataraina Marie Waara, the passport identification she provided when applying for the tenancy was in the surname of Douglas. The landlord also produced mail that has been received at the premises since the tenancy was terminated and it is address to Kataraina Douglas. The order is therefore notated to recognise that the tenant may be using either name.
The landlord has applied for rent arrears, compensation, refund of the bond, exemplary damages and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 18 December 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $742.86. That amount is ordered.

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.
The tenant advised the landlord that she was moving out before 18 December and arrangements were made for a final inspection on 13 December. The tenant did not attend the inspection. She had moved out, but photos showed that she had left a lot of items including food in the fridge, a waste bag full of rubbish, rubbish all over the property inside and out. No cleaning had been done and the lawns needed mowing.
The landlord had to pay for the waste bag to be removed as well as organising further disposal of rubbish. Invoices were submitted for the amounts ordered.
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.
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 has had an insurance claim accepted for damage caused by the tenant’s son to the property when he caused considerable damage to the walls with a grinder. Reimbursement of the insurance excess of $500 is ordered.
There was further damage in the lounge and hallways where wallpaper was ripped. I am satisfied that the damage was more than fair wear and tear, and the tenant has not disproved liability for the damage. 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. Because the original wallpaper was clearly aged, I considered reducing the amount claimed to take into account depreciation. However, the landlord has not replaced the entire walls, simply patching and repairing. The among claimed of $692.87 is reasonable and is ordered.
The landlord had other claims for repairs based on quotes. Because the loss has not been incurred, it is premature for the Tribunal to make orders. I have allowed the claims for plumbing, further paint and repair and carpet cleaning to be withdrawn and a further application may be made.
The claim for exemplary damages also needs further substantiation and I have allowed that to be withdrawn so that the landlord can properly argue it. Paint
The landlord claimed $1,041.35 for paint that they say was stolen from the premises.
A receipt for the paint, bought in 2019 was produced. The landlord said that it was bought for use on the premises and had remained there. In some photos, there are some paint tins and buckets visible, and the entry inspection report refers to “paint” in the comments. However, no further details were provided. There is no reference to the paint in the tenancy agreement. It was not a chattel for the use of the tenant. There was no reference to the landlord storing the paint in the garage. It is not clear that they are the same paint tins as set out in the 2019 receipt or that they are full. No statement from the owner was produced.
In any event it is difficult to see that this is a matter for the Tenancy Tribunal to determine. Theft of chattels that are not part of the tenancy agreement is not within the Tenancy Tribunal’s jurisdiction. The landlord may like to pursue this elsewhere. The claim for taking the paint is dismissed. Loss of rent
The landlord’s insurers have accepted a claim for loss of rent while repairs are undertaken. The landlord produced an email from the insurers showing that an excess of $1160.00 must be covered by the landlord. That amount is ordered.
Because Rent A House Limited As Agent For A White And C Hes has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4801378 — Property damage at 6 Abraham Crescent, Milson, Palmerston North 4414

At a glance

Tenancy Tribunal case 4801378 — Property damage at 6 Abraham Crescent, Milson, Palmerston North 4414

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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