What was the outcome of Tenancy Tribunal case 4941899?

The tribunal order states: Aleesha Nathan must pay The Rent Shop Limited $13,242.91 immediately,

How much money was awarded in case 4941899?

Cleaning: $460.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Less: Betterment: $2,242.50 awarded to tenant; Less: Insurance Recovery: $4,888.50 awarded to tenant; Lightbulbs: $339.25 awarded to landlord; Property Damage: $2,869.25 awarded to landlord; Property Damage: $2,587.50 awarded to landlord; Rent: $4,430.71 awarded to landlord; Rubbish Removal: $3,099.25 awarded to landlord; Walls and Doors: $8,625.00 awarded to landlord; Water Charges To End Of Tenancy: $415.95 awarded to landlord

What type of tenancy dispute was case 4941899?

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

Where can I read the official tribunal order for case 4941899?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10923628-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4941899?

The tribunal order states: Aleesha Nathan must pay The Rent Shop Limited $13,242.91 immediately,

How much money was awarded in case 4941899?

Cleaning: $460.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Less: Betterment: $2,242.50 awarded to tenant; Less: Insurance Recovery: $4,888.50 awarded to tenant; Lightbulbs: $339.25 awarded to landlord; Property Damage: $2,869.25 awarded to landlord; Property Damage: $2,587.50 awarded to landlord; Rent: $4,430.71 awarded to landlord; Rubbish Removal: $3,099.25 awarded to landlord; Walls and Doors: $8,625.00 awarded to landlord; Water Charges To End Of Tenancy: $415.95 awarded to landlord

What type of tenancy dispute was case 4941899?

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

Where can I read the official tribunal order for case 4941899?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10923628-Tenancy_Tribunal_Order.pdf.

17 Seaward Place, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 4941899 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4941899 — net $13,242.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 30 May 2024	$4,430.71		Rent to 30 May 2024
Water charges to end of tenancy	$415.95		Water charges to end of tenancy
Rubbish removal	$3,099.25		Rubbish removal
Windowpane replacement x14	$2,869.25		Windowpane replacement x14
Repairs and painting to walls and doors	$8,625.00		Repairs and painting to walls and doors
Replace light bulbs, repair power points x2	$339.25		Replace light bulbs, repair power points x2
Repairs to cladding, deck fence and steps, replace	$2,587.50		Repairs to cladding, deck fence and steps, replace
Cleaning and carpet cleaning	$460.00		Cleaning and carpet cleaning
Filing fee reimbursement	$27.00		Filing fee reimbursement
Less: insurance recovery		$4,888.50	Less: insurance recovery
Less: betterment		$2,242.50	Less: betterment
Total award	$22,853.91	$7,131.00
Net award	$13,242.91
Total payable by Tenant to Landlord	$13,242.91

The landlord attended the hearing today.

The landlord has applied for rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent and Outgoings

The tenancy ended on 30 May 2024 when the tenant was evicted. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy. Cleaning, Rubbish Removal, Locks

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.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The exit inspection photographs taken on 30 May 2024 suggest the property had been left with the majority of the tenant’s belongings still there, including clothes, furniture, kitchenware, kitchen utensils, and perishable items. The rubbish removal costs claimed are high, but in my view reflect the semi-furnished state the house was left in. There were further items of furniture and low-value goods outside and in a shed. The 3-bedroom property would have needed cleaning throughout after removal of the rubbish. The cleaning costs claimed are reasonable.

The landlord provided photographs of 14 windowpanes that were smashed by the tenant (in about 7 windows). Insurers paid for the cost of changing the locks and boarding up the windows without deducting an excess ($1,029.25). As this amount has already been paid, the landlord has suffered no loss. I understood that this was not being claimed.

The landlord had to replace light bulbs and there were two missing smoke alarms. Damage to 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.

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 4 weeks' rent.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.

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.

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.

The property was badly damaged at the end of the tenancy. As noted above, many of the windows were broken. There was wall damage in nearly every room. There were obvious deep holes in the walls in the kitchen, bedroom 2, bedroom 3, and laundry. Two power points were damaged in the lounge and bedroom 3. The wall tiles in the bathroom had been loosened or removed but were able to be reglued. The toilet seat was broken. The trellis fence and steps on the deck were broken and there was damage to the exterior cladding (which the landlord had previously repaired in October 2023).

Much of the damage appears to have been caused deliberately. The damage is more than fair wear and tear, and the tenant has not disproved liability.

I have taken betterment into account. There had been a previous tenancy, and the ingoing inspection report refers to some wear and tear from that tenancy, but states that the premises were in very good condition overall. I have discounted the two separate awards for repairs (walls and cladding) by 20% for betterment.

I have also deducted the settlement paid by insurers. Otherwise, I consider there would be a double recovery. The application of the insurance policy to the loss appears to have involved some negotiation. If I have misunderstood the amount claimed, the landlord should request a rehearing so that this can be readdressed. Bond

I have separately directed the Bond Centre to refund the bond of $2,480.00 to the landlord. This will be paid directly to the landlord. Filing Fee

The landlord’s application has succeeded. The filing fee is awarded.

Claims and awards in Tenancy Tribunal application 4941899 — net $13,242.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 30 May 2024	$4,430.71		Rent to 30 May 2024
Water charges to end of tenancy	$415.95		Water charges to end of tenancy
Rubbish removal	$3,099.25		Rubbish removal
Windowpane replacement x14	$2,869.25		Windowpane replacement x14
Repairs and painting to walls and doors	$8,625.00		Repairs and painting to walls and doors
Replace light bulbs, repair power points x2	$339.25		Replace light bulbs, repair power points x2
Repairs to cladding, deck fence and steps, replace	$2,587.50		Repairs to cladding, deck fence and steps, replace
Cleaning and carpet cleaning	$460.00		Cleaning and carpet cleaning
Filing fee reimbursement	$27.00		Filing fee reimbursement
Less: insurance recovery		$4,888.50	Less: insurance recovery
Less: betterment		$2,242.50	Less: betterment
Total award	$22,853.91	$7,131.00
Net award	$13,242.91
Total payable by Tenant to Landlord	$13,242.91

Order

Aleesha Nathan must pay The Rent Shop Limited $13,242.91 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today.
The landlord has applied for rent arrears, outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent and Outgoings
The tenancy ended on 30 May 2024 when the tenant was evicted. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy. Cleaning, Rubbish Removal, Locks
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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The exit inspection photographs taken on 30 May 2024 suggest the property had been left with the majority of the tenant’s belongings still there, including clothes, furniture, kitchenware, kitchen utensils, and perishable items. The rubbish removal costs claimed are high, but in my view reflect the semi-furnished state the house was left in. There were further items of furniture and low-value goods outside and in a shed. The 3-bedroom property would have needed cleaning throughout after removal of the rubbish. The cleaning costs claimed are reasonable.
The landlord provided photographs of 14 windowpanes that were smashed by the tenant (in about 7 windows). Insurers paid for the cost of changing the locks and boarding up the windows without deducting an excess ($1,029.25). As this amount has already been paid, the landlord has suffered no loss. I understood that this was not being claimed.
The landlord had to replace light bulbs and there were two missing smoke alarms. Damage to 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.
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 4 weeks' rent.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage.
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.
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.
The property was badly damaged at the end of the tenancy. As noted above, many of the windows were broken. There was wall damage in nearly every room. There were obvious deep holes in the walls in the kitchen, bedroom 2, bedroom 3, and laundry. Two power points were damaged in the lounge and bedroom 3. The wall tiles in the bathroom had been loosened or removed but were able to be reglued. The toilet seat was broken. The trellis fence and steps on the deck were broken and there was damage to the exterior cladding (which the landlord had previously repaired in October 2023).
Much of the damage appears to have been caused deliberately. The damage is more than fair wear and tear, and the tenant has not disproved liability.
I have taken betterment into account. There had been a previous tenancy, and the ingoing inspection report refers to some wear and tear from that tenancy, but states that the premises were in very good condition overall. I have discounted the two separate awards for repairs (walls and cladding) by 20% for betterment.
I have also deducted the settlement paid by insurers. Otherwise, I consider there would be a double recovery. The application of the insurance policy to the loss appears to have involved some negotiation. If I have misunderstood the amount claimed, the landlord should request a rehearing so that this can be readdressed. Bond
I have separately directed the Bond Centre to refund the bond of $2,480.00 to the landlord. This will be paid directly to the landlord. Filing Fee
The landlord’s application has succeeded. The filing fee is awarded.

Tenancy Tribunal case 4941899 — Property damage at 17 Seaward Place, Wattle Downs, Auckland 2103

At a glance

Tenancy Tribunal case 4941899 — Property damage at 17 Seaward Place, Wattle Downs, Auckland 2103

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions