What was the outcome of Tenancy Tribunal case 4942675?

The tribunal order states: Mark Louie Elfa RUGUE to pay Braziers Limited $291.97 from the bond, as

How much money was awarded in case 4942675?

Property Damage: $19.99 awarded to landlord; Replace furnishings: shower curtain…: $108.10 awarded to landlord; Rubbish Removal: $163.88 awarded to landlord

What type of tenancy dispute was case 4942675?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4942675?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10637381-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4942675?

The tribunal order states: Mark Louie Elfa RUGUE to pay Braziers Limited $291.97 from the bond, as

How much money was awarded in case 4942675?

Property Damage: $19.99 awarded to landlord; Replace furnishings: shower curtain…: $108.10 awarded to landlord; Rubbish Removal: $163.88 awarded to landlord

What type of tenancy dispute was case 4942675?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4942675?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10637381-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 6, 36 Mathesons Road, Phillipstown, Tenancy Tribunal Case 4942675 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4942675 — net $291.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$19.99	Lock/key replacement
Replace furnishings: shower curtain and installation	$108.10	Replace furnishings: shower curtain and installation
Rubbish removal: and weeding	$163.88	Rubbish removal: and weeding
Net award	$291.97
Bond	$1,640.00
Total payable by Tenant to Landlord	$291.97

Both parties attended the hearing.

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

The tenant sought the refund of his bond. Landlord claim:

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 remove all rubbish and the lawns and garden where overgrown.

The landlord provided an exit inspection report, photographs and an invoice for the cost of the rubbish removal and weeding.

The tenant did not return all the keys to the landlord at the end of the tenancy. Both parties had previously discussed the cost of replacing the key. By consent the parties have agreed that the tenant will pay $19.99 for the cost of a replacement key.

I am satisfied that the landlord has proven their claim for $163.88 for the rubbish removal and weeding costs and key replacement.

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: -The tenant removed the shower curtain that was hanging in the bathroom and put it in a cupboard under the bathroom sink. After the tenancy terminated the shower curtain was found heavily mouldy and unusable in the bathroom cupboard.

The landlord has provided an invoice for $108.10 for the cost of the replacement shower curtain and the installation of the curtain.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The tenant does not dispute the shower curtain was removed and mouldy, the complaint was that he was not given the opportunity to do the work himself.

The landlord stated that the tenant advised that he would not be coming back to the house as he has moved out of the city and was residing in another city. An email from the tenant to the landlord was provided to the Tribunal confirming this.

I find the landlord has proven their claim for the shower curtain and installation. Tenant claim

The tenant seeks the refund of his bond. I am deducting the landlords claims that I have found the landlord has proven and am refunding the remainder of the bond back to the tenant.

I am not reimbursing either party their filing fee as both parties have effectively been successful in their claims.

Claims and awards in Tenancy Tribunal application 4942675 — net $291.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$19.99	Lock/key replacement
Replace furnishings: shower curtain and installation	$108.10	Replace furnishings: shower curtain and installation
Rubbish removal: and weeding	$163.88	Rubbish removal: and weeding
Net award	$291.97
Bond	$1,640.00
Total payable by Tenant to Landlord	$291.97

Order

Mark Louie Elfa RUGUE to pay Braziers Limited $291.97 from the bond, as calculated and shown in table below.
The Bond Centre is to pay the bond of $1,640.00 (5015101-011) immediately apportioned as follows: Braziers Limited: $291.97 Mark Louie Elfa RUGUE: $1,348.03

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, partial refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant sought the refund of his bond. Landlord claim:

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 remove all rubbish and the lawns and garden where overgrown.
The landlord provided an exit inspection report, photographs and an invoice for the cost of the rubbish removal and weeding.
The tenant did not return all the keys to the landlord at the end of the tenancy. Both parties had previously discussed the cost of replacing the key. By consent the parties have agreed that the tenant will pay $19.99 for the cost of a replacement key.
I am satisfied that the landlord has proven their claim for $163.88 for the rubbish removal and weeding costs and key replacement.

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: -The tenant removed the shower curtain that was hanging in the bathroom and put it in a cupboard under the bathroom sink. After the tenancy terminated the shower curtain was found heavily mouldy and unusable in the bathroom cupboard.
The landlord has provided an invoice for $108.10 for the cost of the replacement shower curtain and the installation of the curtain.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The tenant does not dispute the shower curtain was removed and mouldy, the complaint was that he was not given the opportunity to do the work himself.
The landlord stated that the tenant advised that he would not be coming back to the house as he has moved out of the city and was residing in another city. An email from the tenant to the landlord was provided to the Tribunal confirming this.
I find the landlord has proven their claim for the shower curtain and installation. Tenant claim
The tenant seeks the refund of his bond. I am deducting the landlords claims that I have found the landlord has proven and am refunding the remainder of the bond back to the tenant.
I am not reimbursing either party their filing fee as both parties have effectively been successful in their claims.

Tenancy Tribunal case 4942675 — Property damage at Unit/Flat Flat 6, 36 Mathesons Road, Phillipstown,

At a glance

Tenancy Tribunal case 4942675 — Property damage at Unit/Flat Flat 6, 36 Mathesons Road, Phillipstown,

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