What was the outcome of Tenancy Tribunal case 4922954?

The tribunal order states: Anika Young must pay Quality Rental Management Limited As Agent For

How much money was awarded in case 4922954?

Cleaning: $220.00 awarded to landlord; Cleaning: $437.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $160.00 awarded to landlord; Power Point: $142.51 awarded to landlord; Wardrobes: $578.57 awarded to landlord; Rubbish Removal: $138.00 awarded to landlord; Lawns and Garden Work: $614.00 awarded to landlord

What type of tenancy dispute was case 4922954?

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

Where can I read the official tribunal order for case 4922954?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10865448-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4922954?

The tribunal order states: Anika Young must pay Quality Rental Management Limited As Agent For

How much money was awarded in case 4922954?

Cleaning: $220.00 awarded to landlord; Cleaning: $437.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $160.00 awarded to landlord; Power Point: $142.51 awarded to landlord; Wardrobes: $578.57 awarded to landlord; Rubbish Removal: $138.00 awarded to landlord; Lawns and Garden Work: $614.00 awarded to landlord

What type of tenancy dispute was case 4922954?

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

Where can I read the official tribunal order for case 4922954?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10865448-Tenancy_Tribunal_Order.pdf.

8A Crosby Road, Chartwell, Hamilton 3210 Tenancy Tribunal Case 4922954 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4922954 — net $2,310.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$437.00	Cleaning
Carpet Cleaning	$220.00	Carpet Cleaning
Rubbish removal: Garden work	$614.00	Rubbish removal: Garden work
Repairs: Power point	$142.51	Repairs: Power point
Lock/key replacement	$160.00	Lock/key replacement
Repairs: Wardrobes	$578.57	Repairs: Wardrobes
Rubbish removal: Garden waste	$138.00	Rubbish removal: Garden waste
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,310.52
Total payable by Tenant to Landlord	$2,310.52

The landlord attended the hearing by video. The Tenant did not attend by video or answer the telephone calls made by the Tribunal to their mobile phone number.

The landlord has applied for compensation 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 carpets had stains on them which required professional carpet cleaning however the carpets were fairly new at the start of the tenancy. The whole property required further cleaning and surface wiping, particularly the kitchen and bathroom. The Tenant left behind a lot of rubbish which included furniture, rubbish, gym gear, a lawnmower and various pots and pans. The lawns had overgrown and required weeding. The rubbish bins required emptying and the garden waste disposed of. An ingoing and outgoing inspection report was provided and invoices showing the work undertaken were filed in support of the Landlord’s claims.

The tenant did not return the keys. Two locks required rekeying. An invoice for the locksmith was provided.

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: power point in the kitchen was broken and the bedroom wardrobe doors had holes in them. One door needed replacing. 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.

As Quality Rental Management Limited As Agent For Quantum Residential Ltd has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4922954 — net $2,310.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$437.00	Cleaning
Carpet Cleaning	$220.00	Carpet Cleaning
Rubbish removal: Garden work	$614.00	Rubbish removal: Garden work
Repairs: Power point	$142.51	Repairs: Power point
Lock/key replacement	$160.00	Lock/key replacement
Repairs: Wardrobes	$578.57	Repairs: Wardrobes
Rubbish removal: Garden waste	$138.00	Rubbish removal: Garden waste
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,310.52
Total payable by Tenant to Landlord	$2,310.52

Order

Anika Young must pay Quality Rental Management Limited As Agent For Quantum Residential Ltd $2,310.52 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video. The Tenant did not attend by video or answer the telephone calls made by the Tribunal to their mobile phone number.
The landlord has applied for compensation 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 carpets had stains on them which required professional carpet cleaning however the carpets were fairly new at the start of the tenancy. The whole property required further cleaning and surface wiping, particularly the kitchen and bathroom. The Tenant left behind a lot of rubbish which included furniture, rubbish, gym gear, a lawnmower and various pots and pans. The lawns had overgrown and required weeding. The rubbish bins required emptying and the garden waste disposed of. An ingoing and outgoing inspection report was provided and invoices showing the work undertaken were filed in support of the Landlord’s claims.
The tenant did not return the keys. Two locks required rekeying. An invoice for the locksmith was provided.
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: power point in the kitchen was broken and the bedroom wardrobe doors had holes in them. One door needed replacing. 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.
As Quality Rental Management Limited As Agent For Quantum Residential Ltd has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4922954 — Property damage at 8A Crosby Road, Chartwell, Hamilton 3210

At a glance

Tenancy Tribunal case 4922954 — Property damage at 8A Crosby Road, Chartwell, Hamilton 3210

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