What was the outcome of Tenancy Tribunal case 4804341?

The tribunal order states: Paula Pullen and Conan Witehira must pay Emmanuel Adewale $8,855.34

How much money was awarded in case 4804341?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Internet Adapter: $54.90 awarded to landlord; Lawn Mower: $450.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $4,500.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Water Blaster: $250.00 awarded to landlord

What type of tenancy dispute was case 4804341?

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

Where can I read the official tribunal order for case 4804341?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10294498-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4804341?

The tribunal order states: Paula Pullen and Conan Witehira must pay Emmanuel Adewale $8,855.34

How much money was awarded in case 4804341?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Internet Adapter: $54.90 awarded to landlord; Lawn Mower: $450.00 awarded to landlord; Property Damage: $3,000.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $4,500.00 awarded to landlord; Property Damage: $350.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Water Blaster: $250.00 awarded to landlord

What type of tenancy dispute was case 4804341?

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

Where can I read the official tribunal order for case 4804341?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10294498-Tenancy_Tribunal_Order.pdf.

134 Brown Street, Kingswell, Invercargill 9812 Tenancy Tribunal Case 4804341 — Property damage

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134 Brown Street, Kingswell, Invercargill 9812 Tenancy Tribunal Case 4804341 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4804341 — net $8,855.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet repairs	$3,000.00	Carpet repairs
Insurance excess	$1,000.00	Insurance excess
Repairs to the walls including repaint	$4,500.00	Repairs to the walls including repaint
Cleaning	$1,000.00	Cleaning
Lock/key replacement	$350.00	Lock/key replacement
Heat pump remote replacement	$150.00	Heat pump remote replacement
Internet adapter	$54.90	Internet adapter
Lawn mower	$450.00	Lawn mower
Water blaster	$250.00	Water blaster
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,855.34
Total payable by Tenant to Landlord	$8,855.34

Claims and awards for application 4804341 — net $8,855.34 NZD. Verify on MoJ.

Carpet repairs

Amount: $3,000.00
Awarded to: Landlord
Reason: Carpet repairs

Insurance excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Insurance excess

Repairs to the walls including repaint

Amount: $4,500.00
Awarded to: Landlord
Reason: Repairs to the walls including repaint

Cleaning

Amount: $1,000.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $350.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Paula Pullen and Conan Witehira must pay Emmanuel Adewale $8,855.34 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,920.00 (5790711-005) to Emmanuel Adewale immediately.

Reasons

The tenant failed to attend the hearing.
The landlord has applied for rent 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. The outside area also required work including gardening and lawn mowing.
The tenant did not return the keys and that included the garage remote needing to be replaced.
The lawn mower and the water blaster were missing at the end of the tenancy.
The landlord had to replace these items. He was told by the tenant that the tenant sold the lawn mower and it is likely that the water blaster was also sold.
The adapter for the internet was missing as was the remote for the heat pump. The landlord was required to fund the replacement.
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 landlord gave evidence that there were often disturbances in the home with fighting and parties. The tenants caused upset to the neighbours.
The following damage was caused during the tenancy:
There was significant damage down to the carpets that required replacement throughout the house. They were stained and had a number of what appeared to be deliberate cigarette burns. Insurance only covered a portion of the costs and the remainder of the costs should be met by the tenant, including the insurance excess.
There were a number of holes in the walls, all of which needed repaired and repainted. The insurance would not cover this damage.
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 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.
Because Emmanuel Adewale has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4804341 — net $8,855.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet repairs	$3,000.00	Carpet repairs
Insurance excess	$1,000.00	Insurance excess
Repairs to the walls including repaint	$4,500.00	Repairs to the walls including repaint
Cleaning	$1,000.00	Cleaning
Lock/key replacement	$350.00	Lock/key replacement
Heat pump remote replacement	$150.00	Heat pump remote replacement
Internet adapter	$54.90	Internet adapter
Lawn mower	$450.00	Lawn mower
Water blaster	$250.00	Water blaster
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,855.34
Total payable by Tenant to Landlord	$8,855.34

Claims and awards for application 4804341 — net $8,855.34 NZD. Verify on MoJ.

Carpet repairs

Amount: $3,000.00
Awarded to: Landlord
Reason: Carpet repairs

Insurance excess

Amount: $1,000.00
Awarded to: Landlord
Reason: Insurance excess

Repairs to the walls including repaint

Amount: $4,500.00
Awarded to: Landlord
Reason: Repairs to the walls including repaint

Cleaning

Amount: $1,000.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $350.00
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Paula Pullen and Conan Witehira must pay Emmanuel Adewale $8,855.34 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,920.00 (5790711-005) to Emmanuel Adewale immediately.

Reasons

The tenant failed to attend the hearing.
The landlord has applied for rent 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. The outside area also required work including gardening and lawn mowing.
The tenant did not return the keys and that included the garage remote needing to be replaced.
The lawn mower and the water blaster were missing at the end of the tenancy.
The landlord had to replace these items. He was told by the tenant that the tenant sold the lawn mower and it is likely that the water blaster was also sold.
The adapter for the internet was missing as was the remote for the heat pump. The landlord was required to fund the replacement.
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 landlord gave evidence that there were often disturbances in the home with fighting and parties. The tenants caused upset to the neighbours.
The following damage was caused during the tenancy:
There was significant damage down to the carpets that required replacement throughout the house. They were stained and had a number of what appeared to be deliberate cigarette burns. Insurance only covered a portion of the costs and the remainder of the costs should be met by the tenant, including the insurance excess.
There were a number of holes in the walls, all of which needed repaired and repainted. The insurance would not cover this damage.
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 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.
Because Emmanuel Adewale has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4804341 — Property damage at 134 Brown Street, Kingswell, Invercargill 9812

At a glance

Tenancy Tribunal case 4804341 — Property damage at 134 Brown Street, Kingswell, Invercargill 9812

At a glance

Award balance

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

Frequently asked questions

Award balance

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

Frequently asked questions