Published tribunal order
Tenancy Tribunal case 4956053 — Tenancy dispute at 19 Hobson Street, Levin 5510
Decided 18 Sept 2024 · Published 18 Sept 2024 · Application 4956053
Landlord favoured
- Property damage
- Replace Furnishings
Order
- Ariana Andrews must pay Team Group Rentals Limited T/As Harcourts As Agent For Darcy Grant & Judith Christine Parke $2,227.00 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing. There was no appearance for the tenant.
- The landlord has applied for, compensation for damaged carpet, and reimbursement of the filing fee following the end of the tenancy on 14 June 2024.
- The landlord said the carpet was new at the start of the tenancy in March 2021 and provided photographs showing immaculate carpets.
- 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.
- 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 photographs taken at the end of the tenancy show multiple stains throughout the property. There are large brown areas, multiple bright pink and fluorescent yellow stains of varying sizes. The property manager said that some appeared to be burn marks.
- The landlord said that during the tenancy, the tenant had not kept the premises clean and there were often food scraps on the floor that were still not removed after a 14-day notice had been given. The tenant had been given multiple opportunities to clean the property and the carpet, but had not done so.
- I am satisfied that the extent of the stains and dirt was such that the carpets needed to be replaced. It was more than fair wear and tear.
- The landlord seeks reimbursement of the four insurance excesses of $550 each that were paid to replace the carpet in the lounge, hallway, and two bedrooms.
- Because Team Group Rentals Limited T/As Harcourts As Agent For Darcy Grant & Judith Christine Parke has wholly succeeded with the claim I must reimburse the filing fee.
- The amounts ordered are proved.