What was the outcome of Tenancy Tribunal case 5057729?

The tribunal order states: Arnya Forrest to pay Clare Robertson $931.00 from the bond, calculated as

How much money was awarded in case 5057729?

Contribution To Driveway: $497.00 awarded to landlord; Property Damage: $150.00 awarded to tenant; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $234.00 awarded to landlord

What type of tenancy dispute was case 5057729?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5057729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11442544-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5057729?

The tribunal order states: Arnya Forrest to pay Clare Robertson $931.00 from the bond, calculated as

How much money was awarded in case 5057729?

Contribution To Driveway: $497.00 awarded to landlord; Property Damage: $150.00 awarded to tenant; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rent Arrears: $234.00 awarded to landlord

What type of tenancy dispute was case 5057729?

The primary dispute was Property damage. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5057729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11442544-Tenancy_Tribunal_Order.pdf.

6 Allan Street, Otatara, Invercargill 9879 Tenancy Tribunal Case 5057729 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5057729 — net $1,081.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$234.00		Rent arrears
Contribution to driveway	$497.00		Contribution to driveway
Lawns and gardens contributions	$100.00		Lawns and gardens contributions
Wall repairs contributions	$250.00		Wall repairs contributions
Exemplary damages regarding bond		$150.00	Exemplary damages regarding bond
Total award	$1,081.00	$150.00
Net award	$1,081.00
Bond	$1,760.00
Total payable by Tenant to Landlord	$1,081.00

Both parties attended the hearing.

The Tenant applied for the refund of her bond and exemplary damages in tha the landlord failed to lodge the bond. She also sought damages given the tenant was given notices for the end of the period tenancy on the basis of the landlord seeking to occupy when in fact she sold the property.

The landlord seeks rent arrears, and compensation.

How much is owed for rent?

The tenancy ended on 18 th October 2024. However, the final inspection and actual vacate day was the 27 th October 2024.

The Landlord has only charged a minimal per day rental for the remaining nine days however was entitled to charge the full amount. She said she felt that was fair as it was mainly cleaning that was required.

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 landlord claims an invoice that has concerning ‘features’ as discussed at the hearing. It includes garden work that was not covered in the tenancy agreement, that being “pruning” and “high hedge trimming”.

I do not accept this to be within the tenants’ obligations.

Given the tenant accepted that the lawns needed to be mowed and some gardening I make an award for a contribution to the invoice claimed.

The landlord could not confirm that the veggie garden was in a different, cleaner state at the commencement of the tenancy.

On the evidence before me a make an award of $100.00.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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: There was damage to walls and doors.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Again, I make an award to contribute to the amounts charged as the work was carried out by the landlord who is not qualified, and I do not accept it required the ten hours claimed for the work that was required.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Arnya Forrest claims that the landlord has breached their obligations under the Residential Tenancies Act 1986 in that she gave 63 days notice, in fact it was extended to 72 given the landlord wished to move in but the property weas in fact placed on the market and sold.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.

On the evidence before me I accept it was common knowledge that the owner was going to sell the home and in fact a caravan was placed at the home for the owner to live in while the property was bought up to a saleable standard.

In all of the circumstances I do not accept that an award of damages is appropriate in this case.

Arnya Forrest claims the landlord has not lodged the bond with the Bond Centre within the required time.

A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.

The landlord failed to lodge the bond. In fact only half of the bond was lodged in June and the balance in August when the tenant bought it to her attention. This is a clear breach.

In the circumstances I make an award of damages for $150.00.

In the circumstances of both claims I do not make an award for the filing fee given both parties have been partially successful.

Reasons

Claims and awards in Tenancy Tribunal application 5057729 — net $1,081.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$234.00		Rent arrears
Contribution to driveway	$497.00		Contribution to driveway
Lawns and gardens contributions	$100.00		Lawns and gardens contributions
Wall repairs contributions	$250.00		Wall repairs contributions
Exemplary damages regarding bond		$150.00	Exemplary damages regarding bond
Total award	$1,081.00	$150.00
Net award	$1,081.00
Bond	$1,760.00
Total payable by Tenant to Landlord	$1,081.00