What was the outcome of Tenancy Tribunal case 4875280?

The tribunal order states: Christopher Philips and Jessie May Philips must pay Inspire Property

How much money was awarded in case 4875280?

Filing Fee: $20.44 awarded to landlord; Painting & Materials: $480.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Property Damage: $94.50 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Storage Costs: $100.00 awarded to landlord

What type of tenancy dispute was case 4875280?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4875280?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10963816-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4875280?

The tribunal order states: Christopher Philips and Jessie May Philips must pay Inspire Property

How much money was awarded in case 4875280?

Filing Fee: $20.44 awarded to landlord; Painting & Materials: $480.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Property Damage: $94.50 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Storage Costs: $100.00 awarded to landlord

What type of tenancy dispute was case 4875280?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4875280?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10963816-Tribunal_Order.pdf.

62A Young Street, Saint Kilda, Dunedin 9012 Tenancy Tribunal Case 4875280 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4875280 — net $2,844.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Oven replacement	$1,000.00	Oven replacement
Insurance excess for carpet replacement	$650.00	Insurance excess for carpet replacement
Rubbish removal	$500.00	Rubbish removal
Shower curtain replacement	$94.50	Shower curtain replacement
Painting & materials	$480.00	Painting & materials
Storage costs	$100.00	Storage costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,844.94
Total payable by Tenant to Landlord	$2,844.94

The landlord attended the rescheduled hearing.

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

The bond has previously been awarded for rent arrears and damage to the kitchen bench.

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 landlord claimed compensation of $744.50 as follows: a. $500.00 for rubbish removal, including $120.00 tip fees, b. $94.50 for replacement of a weighted shower curtain, c. $150.00 for storage of abandoned goods.

In support of the claim the landlord provided property inspection reports, including the exit inspection, photographs, receipts and invoices.

I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

At the end of the tenancy a weighted shower curtain for an accessible shower was removed and the replacement curtain provided was too short.

The amounts ordered are proved.

However, the claim for storage costs has been reduced to reflect the provisions of section 62.

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.

The landlord sought compensation of $2,130.00 as follows: a. $1,000.00 for replacement of the two year old oven, b. $650.00 insurance excess for carpet replacement c. $480.00 for gib stopping, painting and materials of damaged walls due to pin holes.

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. See section 49B(3)(a) RTA.

The weekly rent for the premises was $520.00.

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.

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 considered the damage to the oven was intentional because the junction box connection at the back of the appliance had been removed.

I am satisfied that damage was caused during the tenancy to the oven, carpets, and various 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.

No betterment or depreciation has been allowed for the oven because the landlord did not seek all the costs associated with the depreciation.

As Inspire Property Management Limited - As Agent For John Robert Melville has wholly succeeded with the claim I must award the filing.

Claims and awards in Tenancy Tribunal application 4875280 — net $2,844.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Oven replacement	$1,000.00	Oven replacement
Insurance excess for carpet replacement	$650.00	Insurance excess for carpet replacement
Rubbish removal	$500.00	Rubbish removal
Shower curtain replacement	$94.50	Shower curtain replacement
Painting & materials	$480.00	Painting & materials
Storage costs	$100.00	Storage costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,844.94
Total payable by Tenant to Landlord	$2,844.94

Order

Christopher Philips and Jessie May Philips must pay Inspire Property Management Limited - As Agent For John Robert Melville $2,844.94 immediately, calculated as shown in table below.

Reasons

The landlord attended the rescheduled hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The bond has previously been awarded for rent arrears and damage to the kitchen bench.

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 landlord claimed compensation of $744.50 as follows: a. $500.00 for rubbish removal, including $120.00 tip fees, b. $94.50 for replacement of a weighted shower curtain, c. $150.00 for storage of abandoned goods.
In support of the claim the landlord provided property inspection reports, including the exit inspection, photographs, receipts and invoices.
I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
At the end of the tenancy a weighted shower curtain for an accessible shower was removed and the replacement curtain provided was too short.
The amounts ordered are proved.
However, the claim for storage costs has been reduced to reflect the provisions of section 62.

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.
The landlord sought compensation of $2,130.00 as follows: a. $1,000.00 for replacement of the two year old oven, b. $650.00 insurance excess for carpet replacement c. $480.00 for gib stopping, painting and materials of damaged walls due to pin holes.
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. See section 49B(3)(a) RTA.
The weekly rent for the premises was $520.00.
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.
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 considered the damage to the oven was intentional because the junction box connection at the back of the appliance had been removed.
I am satisfied that damage was caused during the tenancy to the oven, carpets, and various 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.
No betterment or depreciation has been allowed for the oven because the landlord did not seek all the costs associated with the depreciation.
As Inspire Property Management Limited - As Agent For John Robert Melville has wholly succeeded with the claim I must award the filing.

Tenancy Tribunal case 4875280 — Property damage at 62A Young Street, Saint Kilda, Dunedin 9012

At a glance

Tenancy Tribunal case 4875280 — Property damage at 62A Young Street, Saint Kilda, Dunedin 9012

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