Published tribunal order
Tenancy Tribunal case 4871300 — Property damage at 235 Johns Road, Northwood, Christchurch 8051
Decided 1 Aug 2024 · Published 1 Aug 2024 · Application 4871300
Landlord favoured
- Property damage
- Cleanliness
Order
- Sando Walters must pay Inspire Property Management Ltd as Agent for Inspire Residential Limited $5074.57 immediately, calculated as shown in table below. DescriptionLandlord Repairs to wall, fence, gate, dump fees, rubbish, and furniture removal $2,049.88 Cleaning 6 rubbish bins$90.00 Electrical fittings replacement/repair: rehang heated towel rail and replace plug $147.20 Carpet Cleaning$287.50 Cleaning$315.26 Total award$2,889.84 Previous order dated 5 June 2024$2184.73 Total payable by Tenant to Landlord$5074.57
- The previous order dated 5 June 2024 for rent arrears has an outstanding balance of $2184.73 owing by the tenant.
Reasons
- The landlord attended the hearing, the tenant did not attend. I rang the mobile number on the application, but it went unanswered. The tenant has been served with the Notice of Hearing; therefore, I am proceeding with the hearing in the tenant’s absence.
- This is the second hearing for these claims. On 5 June 2024 I ordered the rent arrears of $4064.29 and reimbursement of the filing fee to be paid. The bond of $1900.00 was refunded to the landlord to offset the debt owed to the landlord by the tenant.
- There is an outstanding balance of $2184.73 owed by the tenant to the landlord in addition to the amount ordered in this order of 1 August 2024 for vacated costs.
- The landlord has applied for compensation following the end of the tenancy on 26 April 2024.
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 landlord has provided the Tribunal with an exit report, photographs, which show the property was left dirty and invoices for the cost of the cleaning, rubbish removal.
- The tenant left a lot of rubbish in and around the property. The landlord provided an invoice from Knockout a property maintenance company dated 6 June 2024 for $650 plus GST for the rubbish and furniture removal, dump fees of $420.00 plus GST, traveling and trailer hire of $145.00 plus GST. The total of these invoices with GST included is $1397.25.
- An invoice for $90.00 was provided from Kiwi Clean dated 9 May 2024 for the cost of cleaning the rubbish bins, $287.50 from Extreme Carpet Cleaning for cleaning the heavily stained carpets and $315.26 for cleaning the house. The total of these invoices is $692.76.
- 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: -Repair hole cut in the wall, plastering and repainting. -Repair external fence and gate. -Replacing wall electrical plug ripped off the wall and re-install heated towel rail.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The landlord provided an exit report and photographs showing the damage and provided invoices for the repairs. One invoice from Knockout was for $567.50 plus GST for the repairs to the internal wall and fence. The total cost including GST was $652.63.
- The other invoice for repairs was from Brownco Electrical Limited for $147.20 for the plug and towel rail repairs.
- The amounts ordered are proved.
- The total owed by the tenant to the landlord is: -$2184.73 for the remaining balance of the rent arrears ordered on 5 June 2024 -$2889.84 for the vacated costs at the end of the tenancy. Total owing by the tenant = $5074.57
- The filing fee was reimbursed in the 5 June 2024 order.