What was the outcome of Tenancy Tribunal case 4862443?

The tribunal order states: Hayley Robyn Peyroux Gallacher must pay Team Group Rentals Limited As

How much money was awarded in case 4862443?

Cleaning: $186.87 awarded to landlord; Cleaning: $100.00 awarded to landlord; Property Damage: $1,950.00 awarded to landlord

What type of tenancy dispute was case 4862443?

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

Where can I read the official tribunal order for case 4862443?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10359787-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4862443?

The tribunal order states: Hayley Robyn Peyroux Gallacher must pay Team Group Rentals Limited As

How much money was awarded in case 4862443?

Cleaning: $186.87 awarded to landlord; Cleaning: $100.00 awarded to landlord; Property Damage: $1,950.00 awarded to landlord

What type of tenancy dispute was case 4862443?

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

Where can I read the official tribunal order for case 4862443?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10359787-Tenancy_Tribunal_Order.pdf.

18 Dudley Street, Levin, Levin 5510 Tenancy Tribunal Case 4862443 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4862443 — net $476.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$186.87	Carpet Cleaning
Cleaning	$100.00	Cleaning
Replace furnishings: carpet insurance excesses	$1,950.00	Replace furnishings: carpet insurance excesses
Net award	$476.87
Total payable by Tenant to Landlord	$476.87

Hayley Robyn Peyroux Gallacher must pay Team Group Rentals Limited As Agent For Christopher Fenn $476.87 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,760.00 (5175881-002) to Team Group Rentals Limited As Agent For Christopher Fenn immediately. DescriptionLandlord Carpet Cleaning$186.87 Cleaning$100.00 Replace furnishings: carpet insurance excesses$1,950.00 Total award$2,236.87 Bond$1,760.00 Total payable by Tenant to Landlord$476.87

Reasons

Both parties attended the hearing.

The landlord has applied for compensation and refund of the bond, following the end of the tenancy.

The tenant applied for refund of the bond.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photographic evidence that there were a few areas that required attention to bring the property up to a reasonably clean and tidy condition.

The Tribunal has awarded a sum that is appropriate for the cleaning of the oven, cleaning out a kitchen cupboard and removing some marks from a windowsill.

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 landlord provided photographic evidence and the tenant accepted that there was staining to the carpet in the lounge and dining area caused by a child’s soft drink spillage. Neither the tenant nor the landlord was able to remove this staining by cleaning.

The landlord accepted that the damage was caused carelessly. The tenant’s liability under the RTA is therefore limited to four weeks’ rent or the landlord’s insurance excesses, whichever is the lesser.

The landlord’s insurance company accepted the landlord’s claim to replace the carpet but treated the damage as having incurred three separate excesses as, in addition to the lounge and dining area, it occurred in the hallway, just outside one of the other rooms. The amount of the three separate excesses is the amount of the landlord’s loss and is therefore the amount to which the landlord is entitled.

The amounts ordered are proved.

Claims and awards in Tenancy Tribunal application 4862443 — net $476.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$186.87	Carpet Cleaning
Cleaning	$100.00	Cleaning
Replace furnishings: carpet insurance excesses	$1,950.00	Replace furnishings: carpet insurance excesses
Net award	$476.87
Total payable by Tenant to Landlord	$476.87

Order

Hayley Robyn Peyroux Gallacher must pay Team Group Rentals Limited As Agent For Christopher Fenn $476.87 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,760.00 (5175881-002) to Team Group Rentals Limited As Agent For Christopher Fenn immediately. DescriptionLandlord Carpet Cleaning$186.87 Cleaning$100.00 Replace furnishings: carpet insurance excesses$1,950.00 Total award$2,236.87 Bond$1,760.00 Total payable by Tenant to Landlord$476.87

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and refund of the bond, following the end of the tenancy.
The tenant applied for refund of the bond.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence that there were a few areas that required attention to bring the property up to a reasonably clean and tidy condition.
The Tribunal has awarded a sum that is appropriate for the cleaning of the oven, cleaning out a kitchen cupboard and removing some marks from a windowsill.

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 landlord provided photographic evidence and the tenant accepted that there was staining to the carpet in the lounge and dining area caused by a child’s soft drink spillage. Neither the tenant nor the landlord was able to remove this staining by cleaning.
The landlord accepted that the damage was caused carelessly. The tenant’s liability under the RTA is therefore limited to four weeks’ rent or the landlord’s insurance excesses, whichever is the lesser.
The landlord’s insurance company accepted the landlord’s claim to replace the carpet but treated the damage as having incurred three separate excesses as, in addition to the lounge and dining area, it occurred in the hallway, just outside one of the other rooms. The amount of the three separate excesses is the amount of the landlord’s loss and is therefore the amount to which the landlord is entitled.
The amounts ordered are proved.

Tenancy Tribunal case 4862443 — Property damage at 18 Dudley Street, Levin, Levin 5510

At a glance

Tenancy Tribunal case 4862443 — Property damage at 18 Dudley Street, Levin, Levin 5510

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