How much money was awarded in case 4955974?

Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4894220 D…: $1,543.89 awarded to landlord; Property Damage: $257.13 awarded to landlord; Property Damage: $138.00 awarded to landlord; Rent 20.6.24 To 23.6.24: $183.78 awarded to landlord; Replace Back Door: $1,167.25 awarded to landlord; Rubbish Removal: $1,050.00 awarded to landlord

What type of tenancy dispute was case 4955974?

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

Where can I read the official tribunal order for case 4955974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10960684-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4955974?

Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4894220 D…: $1,543.89 awarded to landlord; Property Damage: $257.13 awarded to landlord; Property Damage: $138.00 awarded to landlord; Rent 20.6.24 To 23.6.24: $183.78 awarded to landlord; Replace Back Door: $1,167.25 awarded to landlord; Rubbish Removal: $1,050.00 awarded to landlord

What type of tenancy dispute was case 4955974?

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

Where can I read the official tribunal order for case 4955974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10960684-Tenancy_Tribunal_Order.pdf.

3 Moray Place, Tamatea, Napier 4112 Tenancy Tribunal Case 4955974 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4955974?

The tribunal order states: This Order supersedes and replaces the Tribunal’s Order dated 17 June 2024

Order

Claims and awards in Tenancy Tribunal application 4955974 — net $2,967.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent 20.6.24 to 23.6.24	$183.78	Rent 20.6.24 to 23.6.24
Previous order application 4894220 dated 17/06/2024	$1,543.89	Previous order application 4894220 dated 17/06/2024
Window repairs	$257.13	Window repairs
Rubbish removal	$1,050.00	Rubbish removal
Replace back door	$1,167.25	Replace back door
Carpet cleaning	$200.00	Carpet cleaning
Carpet repair (paint spill	$138.00	Carpet repair (paint spill
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,967.05
Total payable by Tenant to Landlord	$2,967.05

This Order supersedes and replaces the Tribunal’s Order dated 17 June 2024 in application 4824220.

Zane Bosson must pay Regent Realty Limited as Agent for Gay Owen $2,967.05 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,600.00 (3453056-010) to Regent Realty Limited as Agent for Gay Owen immediately.

Reasons

The landlord attended the hearing. The tenant did not attend. An unsuccessful attempt was made to phone the tenant to allow him to participate by teleconference.

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 Tribunal made an Order dated 17 June 2024 in application 4894220, terminating the tenancy and quantifying the arrears owed to 20 June 2024. The tenant remained in occupation until 23 June 2024 so is liable for those additional 3 days’ rent. (see s.60(1)) RTA).

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.

Exit inspection photographs provided by the landlord prove that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord has provided an invoice proving the cost incurred in having rubbish removed from the premises after the tenant vacated. The costs are high, but the photographs show that a large amount of heavy and bulky material was left by the tenant.

The tenant had a dog living at the premises and carpets were left with odours that required commercial treatment. The cost incurred by the landlord is proved by the invoice provided.

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.

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.

It appears that the landlord has insurance cover which might have allowed a claim for the cost of replacing the back door. The excess payable on a claim under the policy is $1,000.00, a little less than the repair cost.

The photographs provided by the landlord show it is more likely than not that the damage to the door, not there when the premises were inspected before the tenancy was ended, was intentionally caused. That being so, in the absence of an insurance claim having been made by the landlord, limiting its loss to the excess amount, the cap on the tenant’s liability under s.49B(3) does not apply and the landlord is entitled to recover the repair cost which is proved by the invoice provided (see s.49B(1)(a)). As the claim relates to replacement of an entry door, no allowance for betterment is appropriate.

The exit inspection photographs show also that: a. 2 window panes needed to be replaced; b. The carpet required a patch repair where paint had spilled.

I am satisfied that damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved by the invoices provided which have been paid by the landlord.

Because Regent Realty Limited as Agent for Gay Owen has succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4955974 — net $2,967.05 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent 20.6.24 to 23.6.24	$183.78	Rent 20.6.24 to 23.6.24
Previous order application 4894220 dated 17/06/2024	$1,543.89	Previous order application 4894220 dated 17/06/2024
Window repairs	$257.13	Window repairs
Rubbish removal	$1,050.00	Rubbish removal
Replace back door	$1,167.25	Replace back door
Carpet cleaning	$200.00	Carpet cleaning
Carpet repair (paint spill	$138.00	Carpet repair (paint spill
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,967.05
Total payable by Tenant to Landlord	$2,967.05

Order

This Order supersedes and replaces the Tribunal’s Order dated 17 June 2024 in application 4824220.
Zane Bosson must pay Regent Realty Limited as Agent for Gay Owen $2,967.05 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,600.00 (3453056-010) to Regent Realty Limited as Agent for Gay Owen immediately.

Reasons

The landlord attended the hearing. The tenant did not attend. An unsuccessful attempt was made to phone the tenant to allow him to participate by teleconference.
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 Tribunal made an Order dated 17 June 2024 in application 4894220, terminating the tenancy and quantifying the arrears owed to 20 June 2024. The tenant remained in occupation until 23 June 2024 so is liable for those additional 3 days’ rent. (see s.60(1)) RTA).

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.
Exit inspection photographs provided by the landlord prove that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord has provided an invoice proving the cost incurred in having rubbish removed from the premises after the tenant vacated. The costs are high, but the photographs show that a large amount of heavy and bulky material was left by the tenant.
The tenant had a dog living at the premises and carpets were left with odours that required commercial treatment. The cost incurred by the landlord is proved by the invoice provided.

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.
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.
It appears that the landlord has insurance cover which might have allowed a claim for the cost of replacing the back door. The excess payable on a claim under the policy is $1,000.00, a little less than the repair cost.
The photographs provided by the landlord show it is more likely than not that the damage to the door, not there when the premises were inspected before the tenancy was ended, was intentionally caused. That being so, in the absence of an insurance claim having been made by the landlord, limiting its loss to the excess amount, the cap on the tenant’s liability under s.49B(3) does not apply and the landlord is entitled to recover the repair cost which is proved by the invoice provided (see s.49B(1)(a)). As the claim relates to replacement of an entry door, no allowance for betterment is appropriate.
The exit inspection photographs show also that: a. 2 window panes needed to be replaced; b. The carpet required a patch repair where paint had spilled.
I am satisfied that damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved by the invoices provided which have been paid by the landlord.
Because Regent Realty Limited as Agent for Gay Owen has succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4955974 — Property damage at 3 Moray Place, Tamatea, Napier 4112

At a glance

Tenancy Tribunal case 4955974 — Property damage at 3 Moray Place, Tamatea, Napier 4112

At a glance

Award balance

Claims & awards

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

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