What was the outcome of Tenancy Tribunal case 4914513?

The tribunal order states: Holly Stephanie Tahere must pay Sunshine Parade Investments limited and

How much money was awarded in case 4914513?

Cleaning: $101.34 awarded to landlord; Cleaning: $250.00 awarded to landlord; Cleaning: $60.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $14.98 awarded to landlord; Rent Arrears: $3,162.85 awarded to landlord; Property Damage: $400.00 awarded to landlord; Labour: $600.00 awarded to landlord; materials (paint, doorstop, shower s…: $284.30 awarded to landlord

What type of tenancy dispute was case 4914513?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4914513?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10907057-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4914513?

The tribunal order states: Holly Stephanie Tahere must pay Sunshine Parade Investments limited and

How much money was awarded in case 4914513?

Cleaning: $101.34 awarded to landlord; Cleaning: $250.00 awarded to landlord; Cleaning: $60.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $14.98 awarded to landlord; Rent Arrears: $3,162.85 awarded to landlord; Property Damage: $400.00 awarded to landlord; Labour: $600.00 awarded to landlord; materials (paint, doorstop, shower s…: $284.30 awarded to landlord

What type of tenancy dispute was case 4914513?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4914513?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10907057-Tenancy_Tribunal_Order.pdf.

Unit/Flat 9, 429 Jackson St, Petone, Lower Hutt 5012 Tenancy Tribunal Case 4914513 — Rent arrears

Claims and awards in Tenancy Tribunal application 4914513 — net $2,513.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25.4.2024	$3,162.85	Rent arrears to 25.4.2024
Cleaning	$250.00	Cleaning
Carpet Cleaning	$101.34	Carpet Cleaning
Oven/stove cleaning	$60.00	Oven/stove cleaning
Lock/key replacement	$14.98	Lock/key replacement
Repairs: labour	$600.00	Repairs: labour
Repairs: materials (paint, doorstop, shower shelf	$284.30	Repairs: materials (paint, doorstop, shower shelf
Repairs: kitchen bench (insurance excess	$400.00	Repairs: kitchen bench (insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,513.91
Total payable by Tenant to Landlord	$2,513.91

Order

Holly Stephanie Tahere must pay Sunshine Parade Investments limited and Rivers Miramar Pharmacy Limited $2,513.91 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,380.00 (3202262-019) to Sunshine Parade Investments limited and Rivers Miramar Pharmacy Limited immediately.
All other claims are dismissed.

Reasons

Both parties attended the hearing with Mr Nagar representing the landlord.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 25 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy which is not disputed by the tenant.

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 (RTA).
The tenant confirmed that she ran out of time to finish cleaning and had asked for extra time but the landlord did not agree because he had arranged for a new tenancy to start the following day. I accept based on the photo and video evidence supplied by the landlord that there were some areas of the premises that were not reasonably clean and tidy, including the oven, and some additional cleaning was required. The carpets also required cleaning in areas. Mr Nagar did this work himself with the help of his brother through a decorating and cleaning service company they run. While the landlord has produced an invoice from this company, it does not appear to be a GST invoice.
The landlord seeks $400 for general cleaning, being 8 hours cleaning at $50/hour. In addition he seeks a further $80 to clean the oven and $75 to clean the carpet plus the Rug Doctor cost of $56.34. Based on the photo and video evidence, I have reduced the claim for cleaning to an amount which I consider reasonable for the cleaning required.
The landlord sought travel costs of $120 being $30/day for 4 days. I do not find that this charge is reasonable. I have made awards that I consider are reasonable including any expenses.
The tenant did not return the keys.

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. In this case the landlord’s insurance excess is $400.
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 has detailed several claims for repairs for which he seeks $800 labour costs plus materials. He says the work (again completed by Mr Nagar and his brother) took 16 hours which he wishes to charge out at $50/hour. However, the costs of each claim are not itemised. I consider in relation to each claim for damage raised by the landlord whether it is more than fair wear and tear, and whether the tenant is liable for the damage. I will then consider whether the costs claimed are reasonable.
Repair basin drawer in the bathroom: There is no dispute that the tenant removed the drawer and undid the drainpipe to unblock the drain. Unfortunately she did not connect the pipes correctly and the drawer would not close. The landlord had to spend time re-doing the connections so that the drawer would close. The tenant is liable for the cost.
Repair waste master: I accept that the waste master was blocked during the tenancy. When the landlord pulled it apart he found stones in the system which he had to remove, clean the system, then reassemble. The tenant believes that a friend helping her to move put stones and plant material down the system. The tenant is liable for the cost.
Replace doorstop: The tenant confirmed that the front doorstop came off and she misplaced it. She is responsible for the cost to install a replacement.
Move cabinet: There was a large cabinet that had been upstairs which the tenant moved downstairs. The landlord says they had to move it back. The tenant claims that she had permission to move it. I consider the tenant is entitled to move furniture and the claim is dismissed.
Rehanging net curtains: The tenant had removed the curtains and the landlord says that it took them 1.5 hours to re-hang them. The tenant said she had removed the curtains to clean them. I consider she should have rehung them and the landlord is entitled to some compensation for the work.
Plaster repairs and painting of marks on walls and ceilings: The tenant had attached items to walls using 3M hooks which tore the paint off when she removed them. She also fixed shades up on the ceiling over the lights. When these were taken down, they also tore off paint. The landlord had to repair the damage present on the hallway ceiling in three areas, on both bedroom ceilings and walls, and the dining room walls. I am satisfied on the evidence that the damage was caused during the tenancy, other than by fair wear and tear and likely occurred carelessly. The tenant is liable for the damage.
Missing shower shelf: The tenant says it came off and she tried to pout it back up but could not. She says she left it at the premises. The landlord says the shelf was missing and this was also acknowledged by the tenant on an inspection report they both signed on 19 February 2024. I am satisfied that the tenant is liable for the cost of installing a replacement shelf.
After carefully considering the evidence and the time it would have taken to carry out the above repair work proved, I award $600 for labour which I consider is reasonable. In addition, I award the costs claimed for materials.
Kitchen bench: There is no dispute that the bench top was damaged by a burn mark from a gas torch used carelessly during the tenancy. The landlord has obtained a repair quote of $692.16. The tenant is liable for the damage but liability is limited to the insurance excess of $400, which is awarded.
As the landlord has mostly succeeded with his claims, he is entitled to reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4914513 — net $2,513.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25.4.2024	$3,162.85	Rent arrears to 25.4.2024
Cleaning	$250.00	Cleaning
Carpet Cleaning	$101.34	Carpet Cleaning
Oven/stove cleaning	$60.00	Oven/stove cleaning
Lock/key replacement	$14.98	Lock/key replacement
Repairs: labour	$600.00	Repairs: labour
Repairs: materials (paint, doorstop, shower shelf	$284.30	Repairs: materials (paint, doorstop, shower shelf
Repairs: kitchen bench (insurance excess	$400.00	Repairs: kitchen bench (insurance excess
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,513.91
Total payable by Tenant to Landlord	$2,513.91

Order

Holly Stephanie Tahere must pay Sunshine Parade Investments limited and Rivers Miramar Pharmacy Limited $2,513.91 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,380.00 (3202262-019) to Sunshine Parade Investments limited and Rivers Miramar Pharmacy Limited immediately.
All other claims are dismissed.

Reasons

Both parties attended the hearing with Mr Nagar representing the landlord.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 25 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy which is not disputed by the tenant.

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 (RTA).
The tenant confirmed that she ran out of time to finish cleaning and had asked for extra time but the landlord did not agree because he had arranged for a new tenancy to start the following day. I accept based on the photo and video evidence supplied by the landlord that there were some areas of the premises that were not reasonably clean and tidy, including the oven, and some additional cleaning was required. The carpets also required cleaning in areas. Mr Nagar did this work himself with the help of his brother through a decorating and cleaning service company they run. While the landlord has produced an invoice from this company, it does not appear to be a GST invoice.
The landlord seeks $400 for general cleaning, being 8 hours cleaning at $50/hour. In addition he seeks a further $80 to clean the oven and $75 to clean the carpet plus the Rug Doctor cost of $56.34. Based on the photo and video evidence, I have reduced the claim for cleaning to an amount which I consider reasonable for the cleaning required.
The landlord sought travel costs of $120 being $30/day for 4 days. I do not find that this charge is reasonable. I have made awards that I consider are reasonable including any expenses.
The tenant did not return the keys.

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. In this case the landlord’s insurance excess is $400.
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 has detailed several claims for repairs for which he seeks $800 labour costs plus materials. He says the work (again completed by Mr Nagar and his brother) took 16 hours which he wishes to charge out at $50/hour. However, the costs of each claim are not itemised. I consider in relation to each claim for damage raised by the landlord whether it is more than fair wear and tear, and whether the tenant is liable for the damage. I will then consider whether the costs claimed are reasonable.
Repair basin drawer in the bathroom: There is no dispute that the tenant removed the drawer and undid the drainpipe to unblock the drain. Unfortunately she did not connect the pipes correctly and the drawer would not close. The landlord had to spend time re-doing the connections so that the drawer would close. The tenant is liable for the cost.
Repair waste master: I accept that the waste master was blocked during the tenancy. When the landlord pulled it apart he found stones in the system which he had to remove, clean the system, then reassemble. The tenant believes that a friend helping her to move put stones and plant material down the system. The tenant is liable for the cost.
Replace doorstop: The tenant confirmed that the front doorstop came off and she misplaced it. She is responsible for the cost to install a replacement.
Move cabinet: There was a large cabinet that had been upstairs which the tenant moved downstairs. The landlord says they had to move it back. The tenant claims that she had permission to move it. I consider the tenant is entitled to move furniture and the claim is dismissed.
Rehanging net curtains: The tenant had removed the curtains and the landlord says that it took them 1.5 hours to re-hang them. The tenant said she had removed the curtains to clean them. I consider she should have rehung them and the landlord is entitled to some compensation for the work.
Plaster repairs and painting of marks on walls and ceilings: The tenant had attached items to walls using 3M hooks which tore the paint off when she removed them. She also fixed shades up on the ceiling over the lights. When these were taken down, they also tore off paint. The landlord had to repair the damage present on the hallway ceiling in three areas, on both bedroom ceilings and walls, and the dining room walls. I am satisfied on the evidence that the damage was caused during the tenancy, other than by fair wear and tear and likely occurred carelessly. The tenant is liable for the damage.
Missing shower shelf: The tenant says it came off and she tried to pout it back up but could not. She says she left it at the premises. The landlord says the shelf was missing and this was also acknowledged by the tenant on an inspection report they both signed on 19 February 2024. I am satisfied that the tenant is liable for the cost of installing a replacement shelf.
After carefully considering the evidence and the time it would have taken to carry out the above repair work proved, I award $600 for labour which I consider is reasonable. In addition, I award the costs claimed for materials.
Kitchen bench: There is no dispute that the bench top was damaged by a burn mark from a gas torch used carelessly during the tenancy. The landlord has obtained a repair quote of $692.16. The tenant is liable for the damage but liability is limited to the insurance excess of $400, which is awarded.
As the landlord has mostly succeeded with his claims, he is entitled to reimbursement of the filing fee.

Tenancy Tribunal case 4914513 — Rent arrears at Unit/Flat 9, 429 Jackson St, Petone, Lower Hutt 5012

At a glance

Tenancy Tribunal case 4914513 — Rent arrears at Unit/Flat 9, 429 Jackson St, Petone, Lower Hutt 5012

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Dismissed claims

Order

Reasons

How much is owed for rent?

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