What was the outcome of Tenancy Tribunal case 4813702?

The tribunal order states: The requirement for service is dispensed with. I directed the hearing proceed as

How much money was awarded in case 4813702?

Filing Fee: $20.44 awarded to landlord; Property Damage: $449.65 awarded to landlord; Broken Ranchslider: $185.00 awarded to landlord; Kitchen Vinyl: $2,613.09 awarded to landlord; Rubbish Removal: $770.50 awarded to landlord; Water Rates: $377.38 awarded to landlord

What type of tenancy dispute was case 4813702?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4813702?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10676036-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4813702?

The tribunal order states: The requirement for service is dispensed with. I directed the hearing proceed as

How much money was awarded in case 4813702?

Filing Fee: $20.44 awarded to landlord; Property Damage: $449.65 awarded to landlord; Broken Ranchslider: $185.00 awarded to landlord; Kitchen Vinyl: $2,613.09 awarded to landlord; Rubbish Removal: $770.50 awarded to landlord; Water Rates: $377.38 awarded to landlord

What type of tenancy dispute was case 4813702?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4813702?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10676036-Tenancy_Tribunal_Order.pdf.

59 Urlich Drive, Ranui, Auckland 0612 Tenancy Tribunal Case 4813702 — Property damage

Claims and awards in Tenancy Tribunal application 4813702 — net $2,136.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: April to August 2023	$377.38	Water rates: April to August 2023
Repairs: Broken ranchslider	$185.00	Repairs: Broken ranchslider
Repairs: Replace carpet and vinyl throughout house	$2,613.09	Repairs: Replace carpet and vinyl throughout house
Rubbish removal	$770.50	Rubbish removal
Lock/key replacement	$449.65	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,136.06
Total payable by Tenant to Landlord	$2,136.06

Order

The requirement for service is dispensed with. I directed the hearing proceed as if the notice or other documents had been served on the tenant in accordance with the Residential Tenancies Act 1986 (RTA).
Lisamarie Koha and Raven Keri Lesane Kulimoeanga must pay Northwest Realty Limited Rentals Massey $2,136.06 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 (3542958-009) to Northwest Realty Limited Rentals Massey immediately.

Reasons

The landlord attended the hearing. The tenants did not.
The Tribunal tried to call the tenants on the mobile phone numbers provided. One kept ringing and was never answered and one went to voicemail. Service of notice of hearing on tenants
The tenancy ended on 15 August 2023. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 20 February 2024.
Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”
The landlord gave evidence that: a. It had tried to contact the tenants by email and the mobile phone numbers provided by the tenants in the tenancy agreement and during the tenancy. It says the tenants phone numbers are still currently active but the tenants do not answer them or return voice mail messages. The emails sent by the landlord do not bounce back and the landlord is aware the email addresses were still being used by the tenants to enquire about their bond refund up to a few months ago; b. The landlord has been told the tenants have moved back in with family in Manurewa and the appointed agent for one of the tenants is a Manurewa address she provided in the tenancy agreement; c. The landlord has no idea where the tenants work and if they are still currently residing at the agent’s Manurewa address; d. The tenants have provided the landlord with a separate agent for each of them that they have duly authorised to receive service on their behalf; e. Tenancy Services sent the tenant an email on 18 March 2024 which contained a confirmation of address form and the offer of attending mediation to settle the matter. The tenants have not responded. The landlord provided the email addresses to Tenancy Services that it communicated with them on during the tenancy and a few months after the tenancy ended. It is unaware of whether this email address is current.
I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA. Claims
The landlord has applied for water rated arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 15 August 2023. The landlord provided water rates invoices, for the period April to August 2023, 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 tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. The exit inspection photographs shoe extensive amounts of rubbish was left inside and outside of the premises, the house was left in a very dirty state, the lawns were unmown, and the yard was very untidy.
The tenants did not return the keys. The tenants informed the property manager the keys had been lost and could not be returned for that reason.
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 curtains were damaged throughout the house; b. The floorings were damaged in every room to the degree replacement was the only option as they were so badly stained and soiled from children and dog damage; c. The ranch slider was broken and needed repair; and d. The door lock was broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The insurance excess was too high to make insurance claims for the damage a fiscally viable option for the landlord. Insurance claims for the flooring cover replacement would have resulted in a cost to the landlord of more than it cost to pay for the replacement floor coverings.
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. Reimbursement of filing fee
Because Northwest Realty Limited Rentals Massey has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4813702 — net $2,136.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: April to August 2023	$377.38	Water rates: April to August 2023
Repairs: Broken ranchslider	$185.00	Repairs: Broken ranchslider
Repairs: Replace carpet and vinyl throughout house	$2,613.09	Repairs: Replace carpet and vinyl throughout house
Rubbish removal	$770.50	Rubbish removal
Lock/key replacement	$449.65	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,136.06
Total payable by Tenant to Landlord	$2,136.06

Order

The requirement for service is dispensed with. I directed the hearing proceed as if the notice or other documents had been served on the tenant in accordance with the Residential Tenancies Act 1986 (RTA).
Lisamarie Koha and Raven Keri Lesane Kulimoeanga must pay Northwest Realty Limited Rentals Massey $2,136.06 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 (3542958-009) to Northwest Realty Limited Rentals Massey immediately.

Reasons

The landlord attended the hearing. The tenants did not.
The Tribunal tried to call the tenants on the mobile phone numbers provided. One kept ringing and was never answered and one went to voicemail. Service of notice of hearing on tenants
The tenancy ended on 15 August 2023. The application to the Tribunal was made more than 2 months after the termination of the tenancy, being 20 February 2024.
Section 91AA of the Residential Tenancies Act 1986 (RTA) states “If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant— (a) personally; or (b) by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or (c) by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or (d) by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.”
The landlord gave evidence that: a. It had tried to contact the tenants by email and the mobile phone numbers provided by the tenants in the tenancy agreement and during the tenancy. It says the tenants phone numbers are still currently active but the tenants do not answer them or return voice mail messages. The emails sent by the landlord do not bounce back and the landlord is aware the email addresses were still being used by the tenants to enquire about their bond refund up to a few months ago; b. The landlord has been told the tenants have moved back in with family in Manurewa and the appointed agent for one of the tenants is a Manurewa address she provided in the tenancy agreement; c. The landlord has no idea where the tenants work and if they are still currently residing at the agent’s Manurewa address; d. The tenants have provided the landlord with a separate agent for each of them that they have duly authorised to receive service on their behalf; e. Tenancy Services sent the tenant an email on 18 March 2024 which contained a confirmation of address form and the offer of attending mediation to settle the matter. The tenants have not responded. The landlord provided the email addresses to Tenancy Services that it communicated with them on during the tenancy and a few months after the tenancy ended. It is unaware of whether this email address is current.
I am satisfied that all reasonable efforts have been made to serve the notice or other document on the tenant in accordance with the RTA. Claims
The landlord has applied for water rated arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 15 August 2023. The landlord provided water rates invoices, for the period April to August 2023, 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 tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. The exit inspection photographs shoe extensive amounts of rubbish was left inside and outside of the premises, the house was left in a very dirty state, the lawns were unmown, and the yard was very untidy.
The tenants did not return the keys. The tenants informed the property manager the keys had been lost and could not be returned for that reason.
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 curtains were damaged throughout the house; b. The floorings were damaged in every room to the degree replacement was the only option as they were so badly stained and soiled from children and dog damage; c. The ranch slider was broken and needed repair; and d. The door lock was broken.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The insurance excess was too high to make insurance claims for the damage a fiscally viable option for the landlord. Insurance claims for the flooring cover replacement would have resulted in a cost to the landlord of more than it cost to pay for the replacement floor coverings.
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. Reimbursement of filing fee
Because Northwest Realty Limited Rentals Massey has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4813702 — Property damage at 59 Urlich Drive, Ranui, Auckland 0612

At a glance

Tenancy Tribunal case 4813702 — Property damage at 59 Urlich Drive, Ranui, Auckland 0612

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Order

Reasons

How much is owed for water rates?

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