What was the outcome of Tenancy Tribunal case 4830278?

The tribunal order states: Trieste-Louise Gillies and Tamati Coley must pay Be Marlborough Limited As

How much money was awarded in case 4830278?

Cleaning: $215.01 awarded to landlord; Cleaning: $725.00 awarded to landlord; Disposal Of Abandoned Items: $690.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $812.27 awarded to landlord; Three Insurances Excesses: $1,650.00 awarded to landlord; Rubbish Removal: $1,166.72 awarded to landlord

What type of tenancy dispute was case 4830278?

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

Where can I read the official tribunal order for case 4830278?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10289586-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4830278?

The tribunal order states: Trieste-Louise Gillies and Tamati Coley must pay Be Marlborough Limited As

How much money was awarded in case 4830278?

Cleaning: $215.01 awarded to landlord; Cleaning: $725.00 awarded to landlord; Disposal Of Abandoned Items: $690.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $812.27 awarded to landlord; Three Insurances Excesses: $1,650.00 awarded to landlord; Rubbish Removal: $1,166.72 awarded to landlord

What type of tenancy dispute was case 4830278?

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

Where can I read the official tribunal order for case 4830278?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10289586-Tenancy_Tribunal_Order.pdf.

111 Budge Street, Riversdale, Blenheim 7201 Tenancy Tribunal Case 4830278 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4830278 — net $5,279.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$215.01	Carpet Cleaning
Cleaning	$725.00	Cleaning
Lawns and Garden work: rubbish removal and minor repairs	$812.27	Lawns and Garden work: rubbish removal and minor repairs
Abandoned goods and outside rubbish removal; locks changed	$1,166.72	Abandoned goods and outside rubbish removal; locks changed
Repairs: Three insurances excesses	$1,650.00	Repairs: Three insurances excesses
Disposal of abandoned items	$690.00	Disposal of abandoned items
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,279.44
Total payable by Tenant to Landlord	$5,279.44

The landlord attended the hearing. There was no appearance by the tenants.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

This tenancy was ended via a prior order that also released the bond to the landlord.

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 condition was poor. The landlord provided a series of related invoices and supporting photos of the condition of the premises; both inside and out.

The carpet had a number of stains that required professional cleaning.

There was a large amount of abandoned items as well as rubbish. The landlord sought storage and now disposal costs as the items are of no value. The items were of no value per s 62A(2) and should have been disposed at that time rather than stored. I decline the cost of storage claimed and award the later disposal cost of $690.00.

A claim for gas cost of $120.00 was dismissed as the invoice was for the annual cylinder hire cost rather than any specific gas consumption/cost. The fixed cylinder hire cost is not considered a tenant liability.

The tenant did not return the keys. The locks were changed at the landlord’s expense.

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 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 premises was badly damaged throughout. The landlord provided a detailed set of photos that evidenced the need for the subsequent repair work. The cost of the repairs was settled by the landlord’s insurer at $15,246.61. Initially, the landlord sought eight excess amounts in the application. By the time of the hearing this had been amended to three – a total of $1,650.00 – after insurer consolidation. This is awarded. Even allowing for some depreciation or betterment, the excess total is well under the actual tenant liability if that was to be ordered at cost.

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. Application filing fee

Because Be Marlborough Limited As Agent For Nicolas Mcarthur has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4830278 — net $5,279.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$215.01	Carpet Cleaning
Cleaning	$725.00	Cleaning
Lawns and Garden work: rubbish removal and minor repairs	$812.27	Lawns and Garden work: rubbish removal and minor repairs
Abandoned goods and outside rubbish removal; locks changed	$1,166.72	Abandoned goods and outside rubbish removal; locks changed
Repairs: Three insurances excesses	$1,650.00	Repairs: Three insurances excesses
Disposal of abandoned items	$690.00	Disposal of abandoned items
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,279.44
Total payable by Tenant to Landlord	$5,279.44

Order

Trieste-Louise Gillies and Tamati Coley must pay Be Marlborough Limited As Agent For Nicolas Mcarthur $5,279.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. There was no appearance by the tenants.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
This tenancy was ended via a prior order that also released the bond to the landlord.

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 condition was poor. The landlord provided a series of related invoices and supporting photos of the condition of the premises; both inside and out.
The carpet had a number of stains that required professional cleaning.
There was a large amount of abandoned items as well as rubbish. The landlord sought storage and now disposal costs as the items are of no value. The items were of no value per s 62A(2) and should have been disposed at that time rather than stored. I decline the cost of storage claimed and award the later disposal cost of $690.00.
A claim for gas cost of $120.00 was dismissed as the invoice was for the annual cylinder hire cost rather than any specific gas consumption/cost. The fixed cylinder hire cost is not considered a tenant liability.
The tenant did not return the keys. The locks were changed at the landlord’s expense.
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 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 premises was badly damaged throughout. The landlord provided a detailed set of photos that evidenced the need for the subsequent repair work. The cost of the repairs was settled by the landlord’s insurer at $15,246.61. Initially, the landlord sought eight excess amounts in the application. By the time of the hearing this had been amended to three – a total of $1,650.00 – after insurer consolidation. This is awarded. Even allowing for some depreciation or betterment, the excess total is well under the actual tenant liability if that was to be ordered at cost.
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. Application filing fee
Because Be Marlborough Limited As Agent For Nicolas Mcarthur has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4830278 — Property damage at 111 Budge Street, Riversdale, Blenheim 7201

At a glance

Tenancy Tribunal case 4830278 — Property damage at 111 Budge Street, Riversdale, Blenheim 7201

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

Property management

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

Property management

Frequently asked questions