Published tribunal order
Tenancy Tribunal case 4968253 — Property damage at 14 Nanleen Rise, Manurewa, Auckland 2105
Decided 22 Oct 2024 · Published 22 Oct 2024 · Application 4968253
Landlord favoured
- Property damage
- Cleanliness
- Rent arrears
Order
- The Bond Centre is to pay the bond of $3,200.00 (5187271-004) to Reforma P.M. Limited immediately.
- Rebecca Elizabeth Milner must pay Reforma P.M. Limited $2,209.40 immediately, calculated as shown in table below.
Reasons
- The hearing was conducted on Microsoft Teams.
- The landlord’s representative, Sheree Fleming, attended.
- The tenant did not attend.
- The landlord applies for rent and water arrears, compensation, reimbursement of the filing fee, and payment over of the bond following the end of the tenancy. How much is owed for rent and water
- The tenancy ended on 5 June 2024 Ms Fleming provided rent and water records and gave evidence proving the amounts owing at the end of the tenancy for rent and water are as set out in the table above.
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. 1
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The premises needed general cleaning. The carpets were soiled and stained. There was a cockroach infestation. The lawns needed mowing and the garden was untidy.
- The landlord provided photographs to prove the tenant’s breaches and invoices confirming the landlord’s related costs.
- The amounts ordered in the above table are proved.
Is the tenant responsible for the damage to the premises?
- During the tenancy, the premises incurred a variety of significant damage including: the carpets were stained by nail polish and other chemicals in several places, a curtain rail was damaged by misuse, the tilt-a-door garage exterior was dented, the walls incurred holes probably from blunt force impacts in at least six locations, a basin was destroyed by the application of force, the toilet seat and a toilet roll holder where also broken, and a hatch door in the garage ceiling was damaged by a punching bag being hung up. 1 Residential Tenancies Act 1986 (RTA), s 40(1)(e)(iii).
- I am satisfied that the damage to the premises occurred during the tenancy and is more than fair wear and tear.
- Tenants are liable for the actions of people at the premises with their permission. 2 In this case, most of the damage was probably caused by the tenant’s partner. The tenant’s partner was at the premises with the tenant’s consent, so she is liable for the damage. 3
- The landlord could not claim insurance cover for the damage because the damage was intentionally caused and the cost of repairing the individual damage events was less than the landlord’s $2,000.00 excess.
- 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. 4 It appears that most of the damage in this case was caused intentionally and intentional damage is an imprisonable offence.
- 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. 5
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- I have considered betterment and depreciation. However, I do not consider those principles apply in the facts of current case.
- The tenant is liable for the damage. The amounts the landlord had to pay to remedy the damage are proved.
- Orders are made as set out in the table above. Filing fee
- The tenant must reimburse the landlord for the filing fee. 2 RTA, ss 40(2)(a), 41, and 49B. 3 Summary Offences Act 1981, s 11. 4 RTA, s 49B(1). 5 See Guo v Korck [2019] NZHC 1541. Bond
- The Bond Centre is to pay the bond over to the landlord in part-satisfaction of the tenant’s debt under this order.