What was the outcome of Tenancy Tribunal case 5216251?

The tribunal order states: Jamie Dean Hardaker must pay Accommodation Centre Limited As Agent For

How much money was awarded in case 5216251?

Cleaning: $806.15 awarded to landlord; Property Damage: $90.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $820.00 awarded to landlord; Property Damage: $2,071.42 awarded to landlord; Property Damage: $73.95 awarded to landlord; Property Damage: $181.99 awarded to landlord; Property Damage: $24.00 awarded to landlord; Rubbish Removal: $1,707.60 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord; Property Damage: $173.78 awarded to landlord

What type of tenancy dispute was case 5216251?

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

Where can I read the official tribunal order for case 5216251?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11959035-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5216251?

The tribunal order states: Jamie Dean Hardaker must pay Accommodation Centre Limited As Agent For

How much money was awarded in case 5216251?

Cleaning: $806.15 awarded to landlord; Property Damage: $90.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $820.00 awarded to landlord; Property Damage: $2,071.42 awarded to landlord; Property Damage: $73.95 awarded to landlord; Property Damage: $181.99 awarded to landlord; Property Damage: $24.00 awarded to landlord; Rubbish Removal: $1,707.60 awarded to landlord; Rubbish Removal: $450.00 awarded to landlord; Property Damage: $173.78 awarded to landlord

What type of tenancy dispute was case 5216251?

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

Where can I read the official tribunal order for case 5216251?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11959035-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 34 Devon Street, Sydenham, Christchurch 8023 Tenancy Tribunal Case 5216251 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5216251 — net $4,865.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$820.00		Rent arrears
Cleaning	$806.15		Cleaning
Rubbish removal	$1,707.60		Rubbish removal
Rubbish removal: skip	$450.00		Rubbish removal: skip
Replace furnishings: curtain track replacement	$73.95		Replace furnishings: curtain track replacement
Replace furnishings: damaged curtain replacement	$181.99		Replace furnishings: damaged curtain replacement
Replace furnishings: damaged curtain replacement (with	$24.00		Replace furnishings: damaged curtain replacement (with
Window repairs: (balance outstanding	$173.78		Window repairs: (balance outstanding
Repairs: repair and paint doors, walls, drawer	$2,071.42		Repairs: repair and paint doors, walls, drawer
Electrical fittings replacement/repair: Bedroom power	$90.00		Electrical fittings replacement/repair: Bedroom power
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond refunded to landlord by agreement		$1,560.00	Bond refunded to landlord by agreement
Total award	$6,425.89	$1,560.00
Net award	$4,865.89
Total payable by Tenant to Landlord	$4,865.89

Mr Bowden attended for the landlord. The tenant did not attend the hearing.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenant gave notice under his periodic tenancy on 16 October 2024. The tenancy was therefore due to end on 13 November 2024.

On 29 October 2024 the tenant returned the keys to the landlord. From what the tenant said at the time, it was apparent that the property had not been left completely clean and tidy and the landlord determined to check the property that day given the tenant had vacated.

The landlord discovered that the property required significant work to be in a tenantable state and the owner agreed to end the tenancy the next day (being 30 October 2024) so that work could begin immediately.

Rent is being claimed to 30 October 2024 and the landlord provided rent records which prove the amount owing to that date, being $840.00.

The bond was paid to the landlord by agreement at the end of the tenancy and has been credited to the tenant in this order.

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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act).

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord provided invoices and photographs to show that considerable rubbish was left throughout the property.

The property had to be cleared of rubbish at a cost of $1,707.60 which included the single garage which was packed from floor to ceiling with rubbish.

A skip was required to remove rubbish at a cost of $450.00.

The property then had to be cleaned at a cost of $806.15 which included oven cleaning.

The amounts ordered are proved.

The landlord claimed the cost of a wooden venetian blind to replace a missing kitchen window covering. Although it is clear that the window covering was missing, it was a net curtain not a wooden venetian.

Net curtains have limited value and frequently need to be replaced especially in a kitchen environment. I do not consider that the tenant should be liable for the cost of the wooden venetian blind ($85.00) as a replacement for nets and this part of the landlord’s claim is dismissed.

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 and a pre-tenancy inspection report, post tenancy photographs and invoices were provided to support the claims: a. Damage to curtain rails ($73.95 replacement cost) b. Damage to curtains ($181.99 replacement cost) c. Damage to curtain ($24.00 for replacement blind cost) d. Damage to a bedroom power socket ($90.00 repair cost) e. Damage to glazing as accepted by tenant previously ($173.78 remining on invoice after tenant payments taken into account) f. Damage to walls, doors, and joinery ($2,071.42 repair cost)

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

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.

Although the property had not been recently redecorated, I note that the landlord had to repaint entire rooms to colour match to tenant damaged areas and has only invoiced the tenant for repainting walls that were actually damaged by the tenant.

In these circumstances, I do not consider that an allowance for depreciation for painting costs is required.

Although the replaced curtains were not new, I have not awarded any depreciation for the replacement curtains and blind. The replacement items were obtained from chain stores at very cost-effective prices and are lower quality than the original curtains.

As Accommodation Centre Limited As Agent For Shackel Properties Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5216251 — net $4,865.89 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$820.00		Rent arrears
Cleaning	$806.15		Cleaning
Rubbish removal	$1,707.60		Rubbish removal
Rubbish removal: skip	$450.00		Rubbish removal: skip
Replace furnishings: curtain track replacement	$73.95		Replace furnishings: curtain track replacement
Replace furnishings: damaged curtain replacement	$181.99		Replace furnishings: damaged curtain replacement
Replace furnishings: damaged curtain replacement (with	$24.00		Replace furnishings: damaged curtain replacement (with
Window repairs: (balance outstanding	$173.78		Window repairs: (balance outstanding
Repairs: repair and paint doors, walls, drawer	$2,071.42		Repairs: repair and paint doors, walls, drawer
Electrical fittings replacement/repair: Bedroom power	$90.00		Electrical fittings replacement/repair: Bedroom power
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond refunded to landlord by agreement		$1,560.00	Bond refunded to landlord by agreement
Total award	$6,425.89	$1,560.00
Net award	$4,865.89
Total payable by Tenant to Landlord	$4,865.89

Order

Jamie Dean Hardaker must pay Accommodation Centre Limited As Agent For Shackel Properties Limited $4,865.89 immediately, calculated as shown in table below.

Reasons

Mr Bowden attended for the landlord. The tenant did not attend the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenant gave notice under his periodic tenancy on 16 October 2024. The tenancy was therefore due to end on 13 November 2024.
On 29 October 2024 the tenant returned the keys to the landlord. From what the tenant said at the time, it was apparent that the property had not been left completely clean and tidy and the landlord determined to check the property that day given the tenant had vacated.
The landlord discovered that the property required significant work to be in a tenantable state and the owner agreed to end the tenancy the next day (being 30 October 2024) so that work could begin immediately.
Rent is being claimed to 30 October 2024 and the landlord provided rent records which prove the amount owing to that date, being $840.00.
The bond was paid to the landlord by agreement at the end of the tenancy and has been credited to the tenant in this order.

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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided invoices and photographs to show that considerable rubbish was left throughout the property.
The property had to be cleared of rubbish at a cost of $1,707.60 which included the single garage which was packed from floor to ceiling with rubbish.
A skip was required to remove rubbish at a cost of $450.00.
The property then had to be cleaned at a cost of $806.15 which included oven cleaning.
The amounts ordered are proved.
The landlord claimed the cost of a wooden venetian blind to replace a missing kitchen window covering. Although it is clear that the window covering was missing, it was a net curtain not a wooden venetian.
Net curtains have limited value and frequently need to be replaced especially in a kitchen environment. I do not consider that the tenant should be liable for the cost of the wooden venetian blind ($85.00) as a replacement for nets and this part of the landlord’s claim is dismissed.

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 and a pre-tenancy inspection report, post tenancy photographs and invoices were provided to support the claims: a. Damage to curtain rails ($73.95 replacement cost) b. Damage to curtains ($181.99 replacement cost) c. Damage to curtain ($24.00 for replacement blind cost) d. Damage to a bedroom power socket ($90.00 repair cost) e. Damage to glazing as accepted by tenant previously ($173.78 remining on invoice after tenant payments taken into account) f. Damage to walls, doors, and joinery ($2,071.42 repair cost)
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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.
Although the property had not been recently redecorated, I note that the landlord had to repaint entire rooms to colour match to tenant damaged areas and has only invoiced the tenant for repainting walls that were actually damaged by the tenant.
In these circumstances, I do not consider that an allowance for depreciation for painting costs is required.
Although the replaced curtains were not new, I have not awarded any depreciation for the replacement curtains and blind. The replacement items were obtained from chain stores at very cost-effective prices and are lower quality than the original curtains.
As Accommodation Centre Limited As Agent For Shackel Properties Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5216251 — Property damage at Unit/Flat 3, 34 Devon Street, Sydenham, Christchurch 8023

At a glance

Tenancy Tribunal case 5216251 — Property damage at Unit/Flat 3, 34 Devon Street, Sydenham, Christchurch 8023

At a glance

Award balance

Claims & awards

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

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