What was the outcome of Tenancy Tribunal case 5391221?

The tribunal order states: Liam Paul Herlihy must pay SLPM Limited as agent for Hamish Hancock

How much money was awarded in case 5391221?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $1,450.15 awarded to landlord; Walls and Doors: $1,012.00 awarded to landlord

What type of tenancy dispute was case 5391221?

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

Where can I read the official tribunal order for case 5391221?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13114264-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5391221?

The tribunal order states: Liam Paul Herlihy must pay SLPM Limited as agent for Hamish Hancock

How much money was awarded in case 5391221?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $1,450.15 awarded to landlord; Walls and Doors: $1,012.00 awarded to landlord

What type of tenancy dispute was case 5391221?

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

Where can I read the official tribunal order for case 5391221?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13114264-Tenancy_Tribunal_Order.pdf.

1238 Miranda Road, Miranda, RD 3, Kaiaua 2473 Tenancy Tribunal Case 5391221 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5391221 — net $3,490.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,000.00	Cleaning
Rubbish removal	$1,450.15	Rubbish removal
Repairs to walls and doors	$1,012.00	Repairs to walls and doors
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,490.15
Total payable by Tenant to Landlord	$3,490.15

Only the landlord, represented by Mr Dawson, attended the hearing, which was conducted via teleconference. Three attempts were made to contact the tenant, and on each occasion, the call went to voicemail. As the tenant has been notified, the hearing proceeded.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been paid to the landlord following a previous order of the Tribunal.

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) of the Residential Tenancies Act 1986 (the RTA).

The landlord claims cleaning and rubbish removal costs. The landlord has produced evidence, including invoices, and photographs showing the condition of the premises. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord states that the rubbish included many large items, including a trampoline, beds, mattresses, and other furniture. The items filled a large skip bin and trailer.

In terms of the cleaning costs, the landlord states that every room in the 3 bedroom home needed extensive cleaning. The landlord only seeks the cost to bring the premises up to a reasonably clean condition, and does not request the additional cleaning costs that were incurred.

While the tenant did not return the keys, the landlord does not seek this cost.

The amounts ordered are proved. General principles regarding responsibility for damage

The landlord seeks compensation for tenant damage. To be successful, 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 of the 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) of the 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) of the RTA.

The landlord advises that the insurance excess is $1,150.00.

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) of the 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.

When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for damage to multiple walls throughout the house, and doors. The landlord has provided an invoice which details the repairs undertaken. There is also photographic evidence of the damage, which shows there was graffiti, holes, marks and other damage to walls. The landlord’s evidence establishes that the following damage was caused during the tenancy: a. Dining room walls b. Master bedroom, Bedroom 2, Bedroom 3 walls c. Bedroom doors and frames

The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Filing fee and name suppression

The tenant is to pay the landlord’s filing fee, since the landlord has been successful with the application.

The landlord does not seek name suppression.

Claims and awards in Tenancy Tribunal application 5391221 — net $3,490.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,000.00	Cleaning
Rubbish removal	$1,450.15	Rubbish removal
Repairs to walls and doors	$1,012.00	Repairs to walls and doors
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,490.15
Total payable by Tenant to Landlord	$3,490.15

Order

Liam Paul Herlihy must pay SLPM Limited as agent for Hamish Hancock $3,490.15 immediately, calculated as shown in the table below.

Reasons

Only the landlord, represented by Mr Dawson, attended the hearing, which was conducted via teleconference. Three attempts were made to contact the tenant, and on each occasion, the call went to voicemail. As the tenant has been notified, the hearing proceeded.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been paid to the landlord following a previous order of the Tribunal.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims cleaning and rubbish removal costs. The landlord has produced evidence, including invoices, and photographs showing the condition of the premises. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord states that the rubbish included many large items, including a trampoline, beds, mattresses, and other furniture. The items filled a large skip bin and trailer.
In terms of the cleaning costs, the landlord states that every room in the 3 bedroom home needed extensive cleaning. The landlord only seeks the cost to bring the premises up to a reasonably clean condition, and does not request the additional cleaning costs that were incurred.
While the tenant did not return the keys, the landlord does not seek this cost.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord seeks compensation for tenant damage. To be successful, 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 of the 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) of the 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) of the RTA.
The landlord advises that the insurance excess is $1,150.00.
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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for damage to multiple walls throughout the house, and doors. The landlord has provided an invoice which details the repairs undertaken. There is also photographic evidence of the damage, which shows there was graffiti, holes, marks and other damage to walls. The landlord’s evidence establishes that the following damage was caused during the tenancy: a. Dining room walls b. Master bedroom, Bedroom 2, Bedroom 3 walls c. Bedroom doors and frames
The above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved. Filing fee and name suppression
The tenant is to pay the landlord’s filing fee, since the landlord has been successful with the application.
The landlord does not seek name suppression.

Tenancy Tribunal case 5391221 — Property damage at 1238 Miranda Road, Miranda, RD 3, Kaiaua 2473

At a glance

Tenancy Tribunal case 5391221 — Property damage at 1238 Miranda Road, Miranda, RD 3, Kaiaua 2473

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