What was the outcome of Tenancy Tribunal case 4980634?

The tribunal order states: Eva Ranger must pay Inspire Property Management Limited As Agent For

How much money was awarded in case 4980634?

Bedroom 1 Holes In Walls And Door: $1,000.00 awarded to landlord; Bedroom 3 Holes In Walls And Door: $1,000.00 awarded to landlord; Cleaning: $580.50 awarded to landlord; Cleaning: $750.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Credit: $272.86 awarded to tenant; Water Rates: $284.10 awarded to landlord

What type of tenancy dispute was case 4980634?

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

Where can I read the official tribunal order for case 4980634?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10965269-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4980634?

The tribunal order states: Eva Ranger must pay Inspire Property Management Limited As Agent For

How much money was awarded in case 4980634?

Bedroom 1 Holes In Walls And Door: $1,000.00 awarded to landlord; Bedroom 3 Holes In Walls And Door: $1,000.00 awarded to landlord; Cleaning: $580.50 awarded to landlord; Cleaning: $750.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Rent Credit: $272.86 awarded to tenant; Water Rates: $284.10 awarded to landlord

What type of tenancy dispute was case 4980634?

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

Where can I read the official tribunal order for case 4980634?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10965269-Tenancy_Tribunal_Order.pdf.

35 Armitage Road, Wellsford, Wellsford 0900 Tenancy Tribunal Case 4980634 — Property damage

Claims and awards in Tenancy Tribunal application 4980634 — net $5,168.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$284.10		Water rates
Repairs to lounge and kitchen including carpet	$1,000.00		Repairs to lounge and kitchen including carpet
Carpet Cleaning: and stain removal	$580.50		5. The tenant did not leave the premises reasonably clean and tidy.
Bedroom 4 door and wall repairs and carpet replacement	$1,000.00		Bedroom 4 door and wall repairs and carpet replacement
Bedroom 3 holes in walls and door	$1,000.00		Bedroom 3 holes in walls and door
Repairs to ceiling and walls bedroom 2	$1,000.00		Repairs to ceiling and walls bedroom 2
Bedroom 1 holes in walls and door	$1,000.00		Bedroom 3 holes in walls and door
Replace carpet in hallway and repair holes in wall and	$1,000.00		Replace carpet in hallway and repair holes in wall and
Cleaning: including ceilings	$750.00		5. The tenant did not leave the premises reasonably clean and tidy.
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent credit		$272.86	Rent credit
Total award	$7,641.60	$272.86
Net award	$5,168.74
Total payable by Tenant to Landlord	$5,168.74

Claims and awards in Tenancy Tribunal application 4980634 — net $5,168.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Water rates

$284.10

Water rates

Repairs to lounge and kitchen including carpet

$1,000.00

Repairs to lounge and kitchen including carpet

Carpet Cleaning: and stain removal

$580.50

5. The tenant did not leave the premises reasonably clean and tidy.

Bedroom 4 door and wall repairs and carpet replacement

$1,000.00

Bedroom 4 door and wall repairs and carpet replacement

Bedroom 3 holes in walls and door

$1,000.00

Bedroom 3 holes in walls and door

Repairs to ceiling and walls bedroom 2

$1,000.00

Repairs to ceiling and walls bedroom 2

Bedroom 1 holes in walls and door

$1,000.00

Bedroom 3 holes in walls and door

Replace carpet in hallway and repair holes in wall and

$1,000.00

Replace carpet in hallway and repair holes in wall and

Cleaning: including ceilings

$750.00

5. The tenant did not leave the premises reasonably clean and tidy.

Filing fee reimbursement

$27.00

Filing fee reimbursement

Rent credit

$272.86

Rent credit

Total award

$7,641.60

$272.86

Net award

$5,168.74

Total payable by Tenant to Landlord

$5,168.74

Reasons

Both parties attended the hearing.

The landlord has applied for water 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 tenancy ended on 7 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy for the water and the rent credit owing to the tenant.

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 leave the premises reasonably clean and tidy. The carpets were extensively stained. The cleaning amount ordered is less than that claimed to reflect that a tenant need not leave a property in an immaculate or spotless condition. This tenancy ran for 2 ½ years and there is an element of between tenancy “maintenance cleaning” especially in relation to cleaning ceilings, that is fairly a landlord responsibility.

The amounts ordered are proved.

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.

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 carpets in most rooms and the walls and doors were damaged. The glass in the washing machine and the back door was broken. The photos establish that the damage is extensive, is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. The landlord’s insurance has covered the damage in each room. The total cost per room of actual repairs (including carpet replacement and repairing holes and painting and replacing glass) is significantly higher than the insurance excess of $1,000, so it is appropriate to award an excess per room as requested. The 4-week rent measure would be $2,340 per claim, so significantly more expensive for the tenant.

The claim for damage to the wall in the toilet is dismissed as this is caused by the door opening onto the wall and is fair wear and tear.

Because Inspire Property Management Limited As Agent For Aionion Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4980634 — net $5,168.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Water rates	$284.10		Water rates
Repairs to lounge and kitchen including carpet	$1,000.00		Repairs to lounge and kitchen including carpet
Carpet Cleaning: and stain removal	$580.50		5. The tenant did not leave the premises reasonably clean and tidy.
Bedroom 4 door and wall repairs and carpet replacement	$1,000.00		Bedroom 4 door and wall repairs and carpet replacement
Bedroom 3 holes in walls and door	$1,000.00		Bedroom 3 holes in walls and door
Repairs to ceiling and walls bedroom 2	$1,000.00		Repairs to ceiling and walls bedroom 2
Bedroom 1 holes in walls and door	$1,000.00		Bedroom 3 holes in walls and door
Replace carpet in hallway and repair holes in wall and	$1,000.00		Replace carpet in hallway and repair holes in wall and
Cleaning: including ceilings	$750.00		5. The tenant did not leave the premises reasonably clean and tidy.
Filing fee reimbursement	$27.00		Filing fee reimbursement
Rent credit		$272.86	Rent credit
Total award	$7,641.60	$272.86
Net award	$5,168.74
Total payable by Tenant to Landlord	$5,168.74

Claims and awards in Tenancy Tribunal application 4980634 — net $5,168.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Water rates

$284.10

Water rates

Repairs to lounge and kitchen including carpet

$1,000.00

Repairs to lounge and kitchen including carpet

Carpet Cleaning: and stain removal

$580.50

5. The tenant did not leave the premises reasonably clean and tidy.

Bedroom 4 door and wall repairs and carpet replacement

$1,000.00

Bedroom 4 door and wall repairs and carpet replacement

Bedroom 3 holes in walls and door

$1,000.00

Bedroom 3 holes in walls and door

Repairs to ceiling and walls bedroom 2

$1,000.00

Repairs to ceiling and walls bedroom 2

Bedroom 1 holes in walls and door

$1,000.00

Bedroom 3 holes in walls and door

Replace carpet in hallway and repair holes in wall and

$1,000.00

Replace carpet in hallway and repair holes in wall and

Cleaning: including ceilings

$750.00

5. The tenant did not leave the premises reasonably clean and tidy.

Filing fee reimbursement

$27.00

Filing fee reimbursement

Rent credit

$272.86

Rent credit

Total award

$7,641.60

$272.86

Net award

$5,168.74

Total payable by Tenant to Landlord

$5,168.74

Order

Eva Ranger must pay Inspire Property Management Limited As Agent For Aionion Ltd $5,168.74 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (5636851-011) to Inspire Property Management Limited As Agent For Aionion Ltd immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for water 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 tenancy ended on 7 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy for the water and the rent credit owing to the tenant.

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 leave the premises reasonably clean and tidy. The carpets were extensively stained. The cleaning amount ordered is less than that claimed to reflect that a tenant need not leave a property in an immaculate or spotless condition. This tenancy ran for 2 ½ years and there is an element of between tenancy “maintenance cleaning” especially in relation to cleaning ceilings, that is fairly a landlord responsibility.
The amounts ordered are proved.

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.
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 carpets in most rooms and the walls and doors were damaged. The glass in the washing machine and the back door was broken. The photos establish that the damage is extensive, is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. The landlord’s insurance has covered the damage in each room. The total cost per room of actual repairs (including carpet replacement and repairing holes and painting and replacing glass) is significantly higher than the insurance excess of $1,000, so it is appropriate to award an excess per room as requested. The 4-week rent measure would be $2,340 per claim, so significantly more expensive for the tenant.
The claim for damage to the wall in the toilet is dismissed as this is caused by the door opening onto the wall and is fair wear and tear.
Because Inspire Property Management Limited As Agent For Aionion Ltd has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4980634 — Property damage at 35 Armitage Road, Wellsford, Wellsford 0900

At a glance

Tenancy Tribunal case 4980634 — Property damage at 35 Armitage Road, Wellsford, Wellsford 0900

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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