What was the outcome of Tenancy Tribunal case 5074548?

The tribunal order states: Louise Clarke and Travis Mackay must pay Team Group Rentals Limited As

How much money was awarded in case 5074548?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5074548?

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

Where can I read the official tribunal order for case 5074548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11147983-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5074548?

The tribunal order states: Louise Clarke and Travis Mackay must pay Team Group Rentals Limited As

How much money was awarded in case 5074548?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5074548?

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

Where can I read the official tribunal order for case 5074548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11147983-Tenancy_Tribunal_Order.pdf.

15 Truro Road, Camborne, Porirua 5026 Tenancy Tribunal Case 5074548 — Rent arrears

Order

Louise Clarke and Travis Mackay must pay Team Group Rentals Limited As Agent For Reza Khaleghparast $4,515.96 immediately.
The Bond Centre is to pay the bond of $3,400.00 (6069055-025) to Team Group Rentals Limited As Agent For Reza Khaleghparast immediately.
The amount to pay is calculated as follows: DescriptionLandlord Rent arrears to the end of the tenancy$2,550.00 Remedial work from containers on the land$1,740.75 Loss of rental Carpet cleaning $0.00 $600.00 Rubbish removal$194.00 Lawns$380.00 Gardens$787.75 Repairs: Toilet floor$50.00 Repairs: Cladding hole$140.88 Repairs: Garage gib$132.58 Repairs: and painting walls$800.00 Cleaning$260.00 Lock/key replacement$253.00 Filing fee reimbursement$27.00 Total award$7,915.96 Bond$3,400.00 Total payable by Tenant to Landlord$4,515.96

Reasons

Both parties attended the hearing.
The landlord has applied for rent 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 parties agree that $2,550.00 is owed for rent at the end of the tenancy.
The landlord has claimed loss of rental for the period when repairs were carried out after the end of the tenancy. The claim is dismissed because the applicant has not proved a loss. A loss would be proved if the landlord could show a tenancy agreement for a new tenancy that had to be delayed due to repairs. The landlord did not have a tenant ready to move in. The applicant has also not proved that any delay was caused soley by tenant repairs. The landlord was carrying out other work at the property at the time of the remedial work, such as repainting and building work, shown in invoices from Vistar Decorators and Apex Building Services. Finally the landlord did not rent the property after this tenancy. The decision was made to sell. There cannot be a loss of rent if a property is not available for rent.

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 tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
I am satisfied that the evidence provided proves the amounts claimed for cleaning, carpet cleaning, rubbish removal, lawn work, weeding and reinstating the lawn and area beside the driveway.
It is the tenants’ burden to prove that they returned the keys. Louise said she posted the keys to the tenancy address. The landlord did not receive the keys. There is insufficient evidence that Louise has provided to show the keys were posted.

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. See sections 40(2)(a), 41 and 49B RTA.
The landlord has claimed for intentional damage. Tenants are liable for the cost of repairing damage that is intentional. This applies to anything the tenant does. See section 49B(1) RTA. 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 tenant drilled a deadbolt hole in the concrete toilet floor, making an 8mm hole in the vinyl. The landlord has claimed $448.67 to replace the vinyl. The amount claimed is not reasonable because it does not take account of the age of the vinyl replaced and the minimal work required to patch an old floor. The vinyl was about 44 years old. I have ordered the tenants to make a contribution of $50.00 toward the floor replacement. 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.
The tenants do not dispute the cost to repair the cladding. I accept that the landlord also had to make gib repairs. The amounts claimed are reasonable.
The landlord has claimed $1322.50 for minor damage to walls and other areas. The amount claimed is the painter’s assessment of tenant damage. There is a difficulty with this claim because the walls in the property were in average condition at the beginning of the tenancy. Also, the photos of the condition of the walls at the start and end of the tenancy provided only limited evidence for the Tribunal. There are some aspects of the claim that have been proved. Taking into account the limited evidence and betterment, I have ordered $800.00 be paid in compensation by the tenants. Filing Fee
Because the tenants have been wholly successful with the claim, the filing fee of $27.00 is ordered.

Order

Louise Clarke and Travis Mackay must pay Team Group Rentals Limited As Agent For Reza Khaleghparast $4,515.96 immediately.
The Bond Centre is to pay the bond of $3,400.00 (6069055-025) to Team Group Rentals Limited As Agent For Reza Khaleghparast immediately.
The amount to pay is calculated as follows: DescriptionLandlord Rent arrears to the end of the tenancy$2,550.00 Remedial work from containers on the land$1,740.75 Loss of rental Carpet cleaning $0.00 $600.00 Rubbish removal$194.00 Lawns$380.00 Gardens$787.75 Repairs: Toilet floor$50.00 Repairs: Cladding hole$140.88 Repairs: Garage gib$132.58 Repairs: and painting walls$800.00 Cleaning$260.00 Lock/key replacement$253.00 Filing fee reimbursement$27.00 Total award$7,915.96 Bond$3,400.00 Total payable by Tenant to Landlord$4,515.96

Reasons

Both parties attended the hearing.
The landlord has applied for rent 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 parties agree that $2,550.00 is owed for rent at the end of the tenancy.
The landlord has claimed loss of rental for the period when repairs were carried out after the end of the tenancy. The claim is dismissed because the applicant has not proved a loss. A loss would be proved if the landlord could show a tenancy agreement for a new tenancy that had to be delayed due to repairs. The landlord did not have a tenant ready to move in. The applicant has also not proved that any delay was caused soley by tenant repairs. The landlord was carrying out other work at the property at the time of the remedial work, such as repainting and building work, shown in invoices from Vistar Decorators and Apex Building Services. Finally the landlord did not rent the property after this tenancy. The decision was made to sell. There cannot be a loss of rent if a property is not available for rent.

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 tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
I am satisfied that the evidence provided proves the amounts claimed for cleaning, carpet cleaning, rubbish removal, lawn work, weeding and reinstating the lawn and area beside the driveway.
It is the tenants’ burden to prove that they returned the keys. Louise said she posted the keys to the tenancy address. The landlord did not receive the keys. There is insufficient evidence that Louise has provided to show the keys were posted.

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. See sections 40(2)(a), 41 and 49B RTA.
The landlord has claimed for intentional damage. Tenants are liable for the cost of repairing damage that is intentional. This applies to anything the tenant does. See section 49B(1) RTA. 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 tenant drilled a deadbolt hole in the concrete toilet floor, making an 8mm hole in the vinyl. The landlord has claimed $448.67 to replace the vinyl. The amount claimed is not reasonable because it does not take account of the age of the vinyl replaced and the minimal work required to patch an old floor. The vinyl was about 44 years old. I have ordered the tenants to make a contribution of $50.00 toward the floor replacement. 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.
The tenants do not dispute the cost to repair the cladding. I accept that the landlord also had to make gib repairs. The amounts claimed are reasonable.
The landlord has claimed $1322.50 for minor damage to walls and other areas. The amount claimed is the painter’s assessment of tenant damage. There is a difficulty with this claim because the walls in the property were in average condition at the beginning of the tenancy. Also, the photos of the condition of the walls at the start and end of the tenancy provided only limited evidence for the Tribunal. There are some aspects of the claim that have been proved. Taking into account the limited evidence and betterment, I have ordered $800.00 be paid in compensation by the tenants. Filing Fee
Because the tenants have been wholly successful with the claim, the filing fee of $27.00 is ordered.

Tenancy Tribunal case 5074548 — Rent arrears at 15 Truro Road, Camborne, Porirua 5026

Tenancy Tribunal case 5074548 — Rent arrears at 15 Truro Road, Camborne, Porirua 5026

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?

Property management

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?

Property management