What was the outcome of Tenancy Tribunal case 5006428?

The tribunal order states: Rikihana David Mcleay and Tanisha June T Durham must pay Just A Dream

How much money was awarded in case 5006428?

Cleaning: $488.75 awarded to landlord; Cleaning: $713.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $1,817.00 awarded to landlord; Property Damage: $227.70 awarded to landlord; Property Damage: $83.58 awarded to landlord; Property Damage: $1,180.00 awarded to landlord; Property Damage: $540.50 awarded to landlord; Skirting, Torn Wallpaper: $195.50 awarded to landlord; Replace Furnishings: 3 X Drapes: $220.00 awarded to landlord; Replace furnishings: Living room and…: $2,350.00 awarded to landlord; Rubbish Removal: $86.25 awarded to landlord

What type of tenancy dispute was case 5006428?

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

Where can I read the official tribunal order for case 5006428?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11141984-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5006428?

The tribunal order states: Rikihana David Mcleay and Tanisha June T Durham must pay Just A Dream

How much money was awarded in case 5006428?

Cleaning: $488.75 awarded to landlord; Cleaning: $713.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $1,817.00 awarded to landlord; Property Damage: $227.70 awarded to landlord; Property Damage: $83.58 awarded to landlord; Property Damage: $1,180.00 awarded to landlord; Property Damage: $540.50 awarded to landlord; Skirting, Torn Wallpaper: $195.50 awarded to landlord; Replace Furnishings: 3 X Drapes: $220.00 awarded to landlord; Replace furnishings: Living room and…: $2,350.00 awarded to landlord; Rubbish Removal: $86.25 awarded to landlord

What type of tenancy dispute was case 5006428?

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

Where can I read the official tribunal order for case 5006428?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11141984-Tenancy_Tribunal_Order.pdf.

7 Taksan Place, Pukete, Hamilton 3200 Tenancy Tribunal Case 5006428 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5006428 — net $7,929.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$227.70	Lock/key replacement
Cleaning: Interior	$713.00	Cleaning: Interior
Rubbish removal	$86.25	Rubbish removal
Cleaning: Exterior - house, deck, pavers (dirt from dogs	$488.75	Cleaning: Exterior - house, deck, pavers (dirt from dogs
Replace furnishings: Living room and bedroom carpet	$2,350.00	Replace furnishings: Living room and bedroom carpet
Replace furnishings: 3 x drapes	$220.00	Replace furnishings: 3 x drapes
Repairs: skirting, torn wallpaper	$195.50	Repairs: skirting, torn wallpaper
Power bill due to repairs	$83.58	Power bill due to repairs
Lawns and Garden work	$1,817.00	Lawns and Garden work
Repairs: Remove and replace damaged underfloor insulation	$540.50	Repairs: Remove and replace damaged underfloor insulation
Loss of rent due to repairs (2 weeks	$1,180.00	Loss of rent due to repairs (2 weeks
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,929.28
Total payable by Tenant to Landlord	$7,929.28

The landlord attended the hearing. The tenants did not attend. I continued in their absence as they have been emailed notification of the hearing date and time and of the applications. Text reminders have also been sent.

The landlord has applied for compensation following the end of the tenancy.

The tenancy ended on 2 August 2024 by previous order of the Tribunal and rent arrears and the bond were awarded to the landlord.

This application relates to additional costs incurred by the landlord. Cleaning, rubbish, keys

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 (RTA).

Only one of two sets of keys were returned. The landlord changed the locks which is reasonable when there are keys unaccounted for and a tenancy has ended by a Tribunal order.

The landlord supplied end-of-tenancy photographs taken on 5 August 2024. These establish that the premises were not left reasonably clean and tidy, and some rubbish was left behind.

I award the amount claimed for exterior cleaning. The photos show dirt splashes on the lower part of the house cladding and the front and back decks. I accept this is more than from normal use. The landlord explained the tenants’ kept dogs which appear to have tracked and splashed dirt as they ran in and out of the house. The landlord confirmed the work done was only to remedy this additional dirt.

Receipts were supplied and are reasonable. Damage to carpet, lawn, insulation and interior of the premises

The law in regard to damage to tenancy premises is that:- a. A landlord must first prove that any damage to the premises occurred during the tenancy and is more than fair wear and tear. b. 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. c. 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. See section 49B(3)(a) RTA. d. 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. e. Tenants are liable for the cost of repairing damage that is intentional (or happens where a person does something, or allows a situation to continue, knowing that damage is a virtual certainty) or which results from any activity at the premises that is an imprisonable offence. See section 49B(1) RTA.

The following damage was caused during the tenancy:- a. The carpet in the open plan living area was torn and heavily stained. b. The carpet in one bedroom smelled strongly of smoke and was stained. c. Two sections of skirting board in the laundry were damaged and one section of skirting in a bedroom was water damaged. d. A piece of wallpaper on one wall was torn. e. Three sets of drapes were damaged and could not be cleaned. Two of these were damaged by animal urine and one set was smoke damaged. f. A water overflow from the laundry (probably the tenants’ washing machine) had leaked through the wall leaving the hot water cupboard and underfloor wet. The landlord was able to dry this using a dehumidifier over a period of weeks and avoided further damage. g. The lawn was left bare in a “racetrack” pattern around the house probably caused by the tenants’ dogs. The landlord says that the previously flat lawn was also left uneven and lumpy in places. I estimate that at least 70% of the section was affected. Dog poo and rubbish had to be removed. h. Sections of the underfloor insulation were torn and left scattered under the house. Again, the dogs are most probably the culprits. They had broken the baseboards and gained access that way. (The baseboard damage was proven in the previous application). i. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

I find the damage to the living room carpet and the lawn to be intentional as the tenants must have known that the dogs were causing damage yet took no known steps to avoid it.

The landlord does have insurance, but this does not cover damage from pets and has an excess of $2,000.00 per event.

I have taken into account betterment and depreciation. The wool carpet was more than 5 years old at the start of the tenancy. The drapes were new at that time.

My compensation decisions are:- a. The carpet in the living area and one bedroom had to be replaced. The landlord also replaced the carpet in the other two bedrooms and hallway as this ensured it would match and made sense given the age of the carpet. The total cost was $4,700.00. I award $2,350.00 to reflect that the damaged carpet was more than half of the total area and the existing carpet may well have lasted another 3 to 5 years. b. I award the repair costs in full as these are reasonable. c. I award the original purchase cost of the damaged drapes. d. I award the amount of the power bill as accept the usage nearly all related to remedying tenant breaches and, in particular, drying out the wet flooring. e. I award the full amount of the cost to remediate and replace the lawn. I accept the work was required and the cost reasonable. f. I award the quoted cost to remove and replace the torn insulation. Lost rent and collection costs

The landlord seeks compensation for lost rent. New tenants were found from 7 September 2024 which is a vacant period of 5 weeks. A reasonable person will expect that if carpet must be replaced, wet flooring dried out, and interior and lawn repairs done that the extent of this work will naturally delay re-tenanting. However, a landlord should also anticipate a vacant period and sometimes this extends to 3 weeks even where there is no tenant damage. I award the equivalent of 2 weeks’ rent.

The landlord also seeks recovery of collection costs from this and the previous order. The Tribunal has no power to award costs unless this is specifically provided for in the tenancy agreement; see s102(1) and (5) RTA. The tenancy agreement does not include a term allowing this so I must dismiss this claim.

I award the filing fee.

The landlord does not seek suppression orders.

Claims and awards in Tenancy Tribunal application 5006428 — net $7,929.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$227.70	Lock/key replacement
Cleaning: Interior	$713.00	Cleaning: Interior
Rubbish removal	$86.25	Rubbish removal
Cleaning: Exterior - house, deck, pavers (dirt from dogs	$488.75	Cleaning: Exterior - house, deck, pavers (dirt from dogs
Replace furnishings: Living room and bedroom carpet	$2,350.00	Replace furnishings: Living room and bedroom carpet
Replace furnishings: 3 x drapes	$220.00	Replace furnishings: 3 x drapes
Repairs: skirting, torn wallpaper	$195.50	Repairs: skirting, torn wallpaper
Power bill due to repairs	$83.58	Power bill due to repairs
Lawns and Garden work	$1,817.00	Lawns and Garden work
Repairs: Remove and replace damaged underfloor insulation	$540.50	Repairs: Remove and replace damaged underfloor insulation
Loss of rent due to repairs (2 weeks	$1,180.00	Loss of rent due to repairs (2 weeks
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,929.28
Total payable by Tenant to Landlord	$7,929.28

Order

Rikihana David Mcleay and Tanisha June T Durham must pay Just A Dream Limited $7,929.28 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenants did not attend. I continued in their absence as they have been emailed notification of the hearing date and time and of the applications. Text reminders have also been sent.
The landlord has applied for compensation following the end of the tenancy.
The tenancy ended on 2 August 2024 by previous order of the Tribunal and rent arrears and the bond were awarded to the landlord.
This application relates to additional costs incurred by the landlord. Cleaning, rubbish, keys
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 (RTA).
Only one of two sets of keys were returned. The landlord changed the locks which is reasonable when there are keys unaccounted for and a tenancy has ended by a Tribunal order.
The landlord supplied end-of-tenancy photographs taken on 5 August 2024. These establish that the premises were not left reasonably clean and tidy, and some rubbish was left behind.
I award the amount claimed for exterior cleaning. The photos show dirt splashes on the lower part of the house cladding and the front and back decks. I accept this is more than from normal use. The landlord explained the tenants’ kept dogs which appear to have tracked and splashed dirt as they ran in and out of the house. The landlord confirmed the work done was only to remedy this additional dirt.
Receipts were supplied and are reasonable. Damage to carpet, lawn, insulation and interior of the premises
The law in regard to damage to tenancy premises is that:- a. A landlord must first prove that any damage to the premises occurred during the tenancy and is more than fair wear and tear. b. 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. c. 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. See section 49B(3)(a) RTA. d. 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. e. Tenants are liable for the cost of repairing damage that is intentional (or happens where a person does something, or allows a situation to continue, knowing that damage is a virtual certainty) or which results from any activity at the premises that is an imprisonable offence. See section 49B(1) RTA.
The following damage was caused during the tenancy:- a. The carpet in the open plan living area was torn and heavily stained. b. The carpet in one bedroom smelled strongly of smoke and was stained. c. Two sections of skirting board in the laundry were damaged and one section of skirting in a bedroom was water damaged. d. A piece of wallpaper on one wall was torn. e. Three sets of drapes were damaged and could not be cleaned. Two of these were damaged by animal urine and one set was smoke damaged. f. A water overflow from the laundry (probably the tenants’ washing machine) had leaked through the wall leaving the hot water cupboard and underfloor wet. The landlord was able to dry this using a dehumidifier over a period of weeks and avoided further damage. g. The lawn was left bare in a “racetrack” pattern around the house probably caused by the tenants’ dogs. The landlord says that the previously flat lawn was also left uneven and lumpy in places. I estimate that at least 70% of the section was affected. Dog poo and rubbish had to be removed. h. Sections of the underfloor insulation were torn and left scattered under the house. Again, the dogs are most probably the culprits. They had broken the baseboards and gained access that way. (The baseboard damage was proven in the previous application). i. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
I find the damage to the living room carpet and the lawn to be intentional as the tenants must have known that the dogs were causing damage yet took no known steps to avoid it.
The landlord does have insurance, but this does not cover damage from pets and has an excess of $2,000.00 per event.
I have taken into account betterment and depreciation. The wool carpet was more than 5 years old at the start of the tenancy. The drapes were new at that time.
My compensation decisions are:- a. The carpet in the living area and one bedroom had to be replaced. The landlord also replaced the carpet in the other two bedrooms and hallway as this ensured it would match and made sense given the age of the carpet. The total cost was $4,700.00. I award $2,350.00 to reflect that the damaged carpet was more than half of the total area and the existing carpet may well have lasted another 3 to 5 years. b. I award the repair costs in full as these are reasonable. c. I award the original purchase cost of the damaged drapes. d. I award the amount of the power bill as accept the usage nearly all related to remedying tenant breaches and, in particular, drying out the wet flooring. e. I award the full amount of the cost to remediate and replace the lawn. I accept the work was required and the cost reasonable. f. I award the quoted cost to remove and replace the torn insulation. Lost rent and collection costs
The landlord seeks compensation for lost rent. New tenants were found from 7 September 2024 which is a vacant period of 5 weeks. A reasonable person will expect that if carpet must be replaced, wet flooring dried out, and interior and lawn repairs done that the extent of this work will naturally delay re-tenanting. However, a landlord should also anticipate a vacant period and sometimes this extends to 3 weeks even where there is no tenant damage. I award the equivalent of 2 weeks’ rent.
The landlord also seeks recovery of collection costs from this and the previous order. The Tribunal has no power to award costs unless this is specifically provided for in the tenancy agreement; see s102(1) and (5) RTA. The tenancy agreement does not include a term allowing this so I must dismiss this claim.
I award the filing fee.
The landlord does not seek suppression orders.

Tenancy Tribunal case 5006428 — Property damage at 7 Taksan Place, Pukete, Hamilton 3200

At a glance

Tenancy Tribunal case 5006428 — Property damage at 7 Taksan Place, Pukete, Hamilton 3200

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions