What was the outcome of Tenancy Tribunal case 4945727?

The tribunal order states: Amber Francis Simpson must pay Hopeland Properties Limited $1,769.25

How much money was awarded in case 4945727?

Filing Fee: $27.00 awarded to landlord; Cabinet Drawer: $57.50 awarded to landlord; Kitchen Ceiling Repainting: $402.50 awarded to landlord; Wall and interior door (including pa…: $115.00 awarded to landlord; Replace Kitchen Curtain: $92.00 awarded to landlord; Replace Window Handles (X5: $316.25 awarded to landlord; Rubbish Removal: $632.50 awarded to landlord; Smoke Alarms: $126.50 awarded to landlord

What type of tenancy dispute was case 4945727?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4945727?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10779163-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4945727?

The tribunal order states: Amber Francis Simpson must pay Hopeland Properties Limited $1,769.25

How much money was awarded in case 4945727?

Filing Fee: $27.00 awarded to landlord; Cabinet Drawer: $57.50 awarded to landlord; Kitchen Ceiling Repainting: $402.50 awarded to landlord; Wall and interior door (including pa…: $115.00 awarded to landlord; Replace Kitchen Curtain: $92.00 awarded to landlord; Replace Window Handles (X5: $316.25 awarded to landlord; Rubbish Removal: $632.50 awarded to landlord; Smoke Alarms: $126.50 awarded to landlord

What type of tenancy dispute was case 4945727?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4945727?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10779163-Tenancy_Tribunal_Order.pdf.

19A Tyburnia Avenue, Mount Albert, Auckland 1025 Tenancy Tribunal Case 4945727 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 4945727 — net $1,769.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Kitchen ceiling repainting	$402.50	Repairs: Kitchen ceiling repainting
Repairs: Wall and interior door (including painting	$115.00	Repairs: Wall and interior door (including painting
Repairs: Cabinet drawer	$57.50	Repairs: Cabinet drawer
Replace kitchen curtain	$92.00	Replace kitchen curtain
Replace smoke alarms (x2	$126.50	Replace smoke alarms (x2
Replace window handles (x5	$316.25	Replace window handles (x5
Rubbish removal	$632.50	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,769.25
Total payable by Tenant to Landlord	$1,769.25

The landlord attended the hearing. The tenant did not.

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

The tenancy began on 23 August 2023 and ended on 26 June 2024.

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 landlord sought compensation for the following: a. Cleaning the inside of the property ($207.00 including GST) b. Garden maintenance ($172.50 including GST) c. Rubbish removal ($632.50 including GST) d. Smoke alarms ($126.50 including GST)

The landlord provided photographs taken before and after the tenancy ended. Cleaning the inside of the property

The photographs taken of the inside of the property at the end of the tenancy show that the tenant left it in a reasonably clean and tidy condition. No personal belongings or rubbish were left inside the property. There were no marks or spills on the floor or walls that needed to be cleaned. The oven had some cooking residue on it and the toilet in the bathroom was not cleaned properly however, other than these two minor issues, the inside of the property appeared reasonably clean and tidy. A tenant is not required to leave the property in an immaculate condition, only in a reasonably clean and tidy one. The landlord’s claim for compensation of $207.00 including GST for cleaning the inside of the property is dismissed. Garden maintenance

The photographs of the garden show that it was left in a reasonably clean and tidy condition (excluding the presence of rubbish, which is dealt with in a separate claim for compensation below). The lawns were freshly mowed, and the garden beds were reasonably free from weeds. The landlord submitted that there were old leaves, including large leaves from what appears to be a fern or palm tree on the ground. The photographs provided showed two such large leaves in the garden bed.

A certain level of foliage on the ground is expected in a garden, especially during autumn and winter when many plants and trees shed their leaves. The leaves in the garden bed were not excessive and above levels one would reasonably expect to find. Overall, the garden and lawns were left in a reasonably clean and tidy condition. The landlord’s claim for compensation of $172.50 including GST for garden maintenance is dismissed. Rubbish removal

The photographs of the outside of the property taken before the tenancy began show a clean and tidy outdoor area. The photographs taken at the end of the tenancy prove the tenant left a large amount of rubbish and personal items outside of the property. This included old outdoor furniture, an office chair, a highchair, and a fridge. General household rubbish was also left throughout the garden. The tenant did not leave the outside of the property in a reasonably clean and tidy condition and did not remove all rubbish. The landlord’s claim for compensation of $632.50 including GST for rubbish removal is therefore granted. Smoke alarms

The landlord had to replace two smoke alarms, which were present at the beginning of the tenancy and missing at the end. The landlord’s claim for compensation of $126.50 including GST for this is granted.

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: a. Burnt kitchen ceiling and curtain. b. Paint removed from the walls and a hole on the door providing internal access from the garage. c. Broken kitchen cabinet drawer. d. Broken window handles (x5).

The landlord provided photographs from the beginning of the tenancy, which do not show any of the above damage. Photographs of the property taken at the end of the tenancy confirm that the above damage occurred during the tenancy.

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.

Because Hopeland Properties Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4945727 — net $1,769.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Kitchen ceiling repainting	$402.50	Repairs: Kitchen ceiling repainting
Repairs: Wall and interior door (including painting	$115.00	Repairs: Wall and interior door (including painting
Repairs: Cabinet drawer	$57.50	Repairs: Cabinet drawer
Replace kitchen curtain	$92.00	Replace kitchen curtain
Replace smoke alarms (x2	$126.50	Replace smoke alarms (x2
Replace window handles (x5	$316.25	Replace window handles (x5
Rubbish removal	$632.50	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,769.25
Total payable by Tenant to Landlord	$1,769.25

The landlord attended the hearing. The tenant did not.

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

The tenancy began on 23 August 2023 and ended on 26 June 2024.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord provided photographs taken before and after the tenancy ended. Cleaning the inside of the property

Is the tenant responsible for the damage to the premises?

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

The amounts ordered are proved.

Because Hopeland Properties Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4945727 — Property damage at 19A Tyburnia Avenue, Mount Albert, Auckland 1025

At a glance

Tenancy Tribunal case 4945727 — Property damage at 19A Tyburnia Avenue, Mount Albert, Auckland 1025

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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