What was the outcome of Tenancy Tribunal case 4833199?

The tribunal order states: Zoe Maree Houia and Darren Leigh Matthews must pay Marshall Albert Pene

How much money was awarded in case 4833199?

Cleaning: $700.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; 6 Holes In Walls: $1,500.00 awarded to landlord; Replace Furnishings: $150.00 awarded to landlord; Replace Furnishings: Heaters: $600.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord; Towing Invoice: $300.00 awarded to landlord

What type of tenancy dispute was case 4833199?

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

Where can I read the official tribunal order for case 4833199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10437961-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4833199?

The tribunal order states: Zoe Maree Houia and Darren Leigh Matthews must pay Marshall Albert Pene

How much money was awarded in case 4833199?

Cleaning: $700.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; 6 Holes In Walls: $1,500.00 awarded to landlord; Replace Furnishings: $150.00 awarded to landlord; Replace Furnishings: Heaters: $600.00 awarded to landlord; Rubbish Removal: $700.00 awarded to landlord; Towing Invoice: $300.00 awarded to landlord

What type of tenancy dispute was case 4833199?

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

Where can I read the official tribunal order for case 4833199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10437961-Tribunal_Order.pdf.

94 Te Puea Avenue, Meremere, Mercer 2474 Tenancy Tribunal Case 4833199 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4833199 — net $3,970.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Towing invoice	$300.00	Towing invoice
Cleaning	$700.00	Cleaning
Rubbish removal	$700.00	Rubbish removal
Repairs: 6 Holes in walls	$1,500.00	Repairs: 6 Holes in walls
Replace furnishings: Heaters	$600.00	Replace furnishings: Heaters
Replace furnishings	$150.00	Replace furnishings
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,970.44
Total payable by Tenant to Landlord	$3,970.44

The landlord attended today’s hearing. The tenants did not attend.

On the 22 April the Tribunal made an order terminating the tenancy for abandonment and awarding rent arrears.

The landlord has applied for compensation for rubbish removal, cleaning, disposal of the tenants car, repair in the walls and replacement furnishings 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 following chattels were missing at the end of the tenancy: curtains throughout the house and 2 wall panel heaters.

The landlord has completed the cleaning and rubbish removal themselves. They supplied quotes for these amounts to show an amount that they say they should be compensated. The landlord says that they are currently living in the property but they have spent much of the past four weeks cleaning and removing rubbish from the property and repairing the walls.

The Tribunal sees claims for compensation for cleaning and rubbish removal items on a daily basis. The amount sought by the landlord, is in my view too high. Whilst I am satisfied that the tenants have breached their obligations, in awarding compensation I have taken into account similar comparable awards that the Tribunal has made.

The amounts ordered are proved.

The landlord had to have the tenants’ car removed at a cost of $300.00 and that amount is awarded to the tenant.

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 following damage was caused during the tenancy: 6 x large holes in the walls. 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 Marshall Albert Pene, Deliah Kimi Te Aroha Robyn Tata Pene has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4833199 — net $3,970.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Towing invoice	$300.00	Towing invoice
Cleaning	$700.00	Cleaning
Rubbish removal	$700.00	Rubbish removal
Repairs: 6 Holes in walls	$1,500.00	Repairs: 6 Holes in walls
Replace furnishings: Heaters	$600.00	Replace furnishings: Heaters
Replace furnishings	$150.00	Replace furnishings
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,970.44
Total payable by Tenant to Landlord	$3,970.44

Order

Zoe Maree Houia and Darren Leigh Matthews must pay Marshall Albert Pene and Deliah Kimi Te Aroha Robyn Tata Pene $3,970.44 immediately, calculated as shown in table below.

Reasons

The landlord attended today’s hearing. The tenants did not attend.
On the 22 April the Tribunal made an order terminating the tenancy for abandonment and awarding rent arrears.
The landlord has applied for compensation for rubbish removal, cleaning, disposal of the tenants car, repair in the walls and replacement furnishings 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 following chattels were missing at the end of the tenancy: curtains throughout the house and 2 wall panel heaters.
The landlord has completed the cleaning and rubbish removal themselves. They supplied quotes for these amounts to show an amount that they say they should be compensated. The landlord says that they are currently living in the property but they have spent much of the past four weeks cleaning and removing rubbish from the property and repairing the walls.
The Tribunal sees claims for compensation for cleaning and rubbish removal items on a daily basis. The amount sought by the landlord, is in my view too high. Whilst I am satisfied that the tenants have breached their obligations, in awarding compensation I have taken into account similar comparable awards that the Tribunal has made.
The amounts ordered are proved.
The landlord had to have the tenants’ car removed at a cost of $300.00 and that amount is awarded to the tenant.

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 following damage was caused during the tenancy: 6 x large holes in the walls. 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 Marshall Albert Pene, Deliah Kimi Te Aroha Robyn Tata Pene has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4833199 — Property damage at 94 Te Puea Avenue, Meremere, Mercer 2474

At a glance

Tenancy Tribunal case 4833199 — Property damage at 94 Te Puea Avenue, Meremere, Mercer 2474

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