What was the outcome of Tenancy Tribunal case 5241413?

The tribunal order states: Zariah Ngatinaho Timothy must pay Apex Real Estate Rentals Limited As Agent

How much money was awarded in case 5241413?

Cleaning: $447.50 awarded to landlord; Cleaning: $67.97 awarded to landlord; Cleaning: $190.00 awarded to landlord; Cleaning: $20.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $255.75 awarded to landlord; Door Stoppers: $37.19 awarded to landlord; Walls - Paint Cost: $94.40 awarded to landlord; Replace furnishings: - blind - depre…: $54.50 awarded to landlord

What type of tenancy dispute was case 5241413?

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

Where can I read the official tribunal order for case 5241413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12004051-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5241413?

The tribunal order states: Zariah Ngatinaho Timothy must pay Apex Real Estate Rentals Limited As Agent

How much money was awarded in case 5241413?

Cleaning: $447.50 awarded to landlord; Cleaning: $67.97 awarded to landlord; Cleaning: $190.00 awarded to landlord; Cleaning: $20.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $255.75 awarded to landlord; Door Stoppers: $37.19 awarded to landlord; Walls - Paint Cost: $94.40 awarded to landlord; Replace furnishings: - blind - depre…: $54.50 awarded to landlord

What type of tenancy dispute was case 5241413?

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

Where can I read the official tribunal order for case 5241413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12004051-Tenancy_Tribunal_Order.pdf.

140 Rimu Street, Te Kauwhata, Waikato 3710 Tenancy Tribunal Case 5241413 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5241413 — net $1,194.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$190.00	Cleaning
Lock/key replacement: - external and internal door handles	$255.75	Lock/key replacement: - external and internal door handles
Carpet Cleaning: Rug doctor hire	$67.97	Carpet Cleaning: Rug doctor hire
Cleaning: Water blasting machine fee	$20.00	Cleaning: Water blasting machine fee
Repairs: door stoppers	$37.19	Repairs: door stoppers
Repairs: Walls - paint cost	$94.40	Repairs: Walls - paint cost
Repairs, carpet cleaning and water blasting labour and travel fee	$447.50	Repairs, carpet cleaning and water blasting labour and travel fee
Replace furnishings: - blind - depreciated	$54.50	Replace furnishings: - blind - depreciated
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,194.31
Total payable by Tenant to Landlord	$1,194.31

The landlord attended the hearing by video call.

The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.

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

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. 1

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven required cleaning. The walls had some children’s drawings on them. The shed had oil stains and required water blasting. The carpets required cleaning.

The tenant did not return the keys.

The amounts ordered are proved with invoices and photographs.

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 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 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: Walls and doors were damaged, with door stoppers removed, the kitchen blind was damaged. 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 must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

In taking into account betterment and depreciation I have awarded half the replacement cost of the damaged blind as blinds have a useful lifespan of 8 years 2 and the damaged blind was approximately 4 years old.

Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee.

The landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5241413 — net $1,194.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$190.00	Cleaning
Lock/key replacement: - external and internal door handles	$255.75	Lock/key replacement: - external and internal door handles
Carpet Cleaning: Rug doctor hire	$67.97	Carpet Cleaning: Rug doctor hire
Cleaning: Water blasting machine fee	$20.00	Cleaning: Water blasting machine fee
Repairs: door stoppers	$37.19	Repairs: door stoppers
Repairs: Walls - paint cost	$94.40	Repairs: Walls - paint cost
Repairs, carpet cleaning and water blasting labour and travel fee	$447.50	Repairs, carpet cleaning and water blasting labour and travel fee
Replace furnishings: - blind - depreciated	$54.50	Replace furnishings: - blind - depreciated
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,194.31
Total payable by Tenant to Landlord	$1,194.31

Order

Zariah Ngatinaho Timothy must pay Apex Real Estate Rentals Limited As Agent For Karina Chisnall $1,194.31 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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. 1
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The oven required cleaning. The walls had some children’s drawings on them. The shed had oil stains and required water blasting. The carpets required cleaning.
The tenant did not return the keys.
The amounts ordered are proved with invoices and photographs.

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 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 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: Walls and doors were damaged, with door stoppers removed, the kitchen blind was damaged. 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 must take 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 must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
In taking into account betterment and depreciation I have awarded half the replacement cost of the damaged blind as blinds have a useful lifespan of 8 years 2 and the damaged blind was approximately 4 years old.
Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee.
The landlord did not seek name suppression.

Tenancy Tribunal case 5241413 — Cleanliness at 140 Rimu Street, Te Kauwhata, Waikato 3710

At a glance

Tenancy Tribunal case 5241413 — Cleanliness at 140 Rimu Street, Te Kauwhata, Waikato 3710

At a glance

Award balance

Claims & awards

Order

Reasons

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

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