What was Tenancy Tribunal case 4413422 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4413422?

Cleaning: $80.00 awarded to landlord; Drug Testing 6.10.22: $773.95 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $40.00 awarded to landlord; Meth Testing – Invoice 29.7.22: $192.00 awarded to landlord; Meth Testing 25.10.22: $851.00 awarded to landlord; Meth Testing: 3.11.2022: $192.00 awarded to landlord; Meth testing: individual test 22.11.…: $375.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $1,541.00 awarded to landlord; Property Damage: $289.00 awarded to landlord

What type of tenancy dispute was case 4413422?

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

Where can I read the official tribunal order for case 4413422?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8901632-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4413422 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4413422?

Cleaning: $80.00 awarded to landlord; Drug Testing 6.10.22: $773.95 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $40.00 awarded to landlord; Meth Testing – Invoice 29.7.22: $192.00 awarded to landlord; Meth Testing 25.10.22: $851.00 awarded to landlord; Meth Testing: 3.11.2022: $192.00 awarded to landlord; Meth testing: individual test 22.11.…: $375.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $1,541.00 awarded to landlord; Property Damage: $289.00 awarded to landlord

What type of tenancy dispute was case 4413422?

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

Where can I read the official tribunal order for case 4413422?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8901632-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4413422 — Property damage

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 4413422 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4413422 — net $5,003.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Meth testing – invoice 29.7.22	$192.00	Meth testing – invoice 29.7.22
Drug testing 6.10.22	$773.95	Drug testing 6.10.22
Meth testing 25.10.22	$851.00	Meth testing 25.10.22
Meth testing: 3.11.2022	$192.00	Meth testing: 3.11.2022
Meth testing: individual test 22.11.22	$375.00	Meth testing: individual test 22.11.22
Decontamination of furnishings & carpet replacement – insurance excess	$1,000.00	Decontamination of furnishings & carpet replacement – insurance excess
Door frame replacement	$1,541.00	Door frame replacement
Lock/key replacement	$289.00	Lock/key replacement
Key replacement: new swipe tag	$40.00	Key replacement: new swipe tag
Cleaning	$80.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,003.58
Total payable by Tenant to Landlord	$5,003.58

Claims and awards for application 4413422 — net $5,003.58 NZD. Verify on MoJ.

Meth testing – invoice 29.7.22

Amount: $192.00
Awarded to: Landlord
Reason: Meth testing – invoice 29.7.22

Drug testing 6.10.22

Amount: $773.95
Awarded to: Landlord
Reason: Drug testing 6.10.22

Meth testing 25.10.22

Amount: $851.00
Awarded to: Landlord
Reason: Meth testing 25.10.22

Meth testing: 3.11.2022

Amount: $192.00
Awarded to: Landlord
Reason: Meth testing: 3.11.2022

Meth testing: individual test 22.11.22

Amount: $375.00
Awarded to: Landlord
Reason: Meth testing: individual test 22.11.22

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details. 2.
The Bond Centre is to pay the bond of $350.81 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord, represented by [The landlord’s representative], attended the hearing. The tenant was notified, but did not attend, and the hearing proceeded in her absence.
Following an order of the Tribunal on 5 October 2022 (application number 4387361) the tenancy was terminated and possession was granted to the landlord (on 6 October 2022). The landlord was also awarded rent arrears, a rubbish disposal fee, and the filing fee, which were all deducted from the bond of $1,400.00. The balance of $350.81 is held at the Bond Centre. The landlord’s evidence is that the tenant moved out on 21 October 2022.
The landlord’s current application (number 4413422) was set for hearing on 18 November 2022 and 9 February 2023, with both hearings being adjourned. It was noted, in the Tribunal orders following these hearing dates, that the only claims for determination were costs relating to damage, repair and cleaning. The landlord was directed to provide additional evidence, including photographs and invoices for the costs incurred for cleaning and repair of damage. The landlord submitted additional evidence in support.

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).
In this case the tenant did not leave the premises reasonably clean and tidy, and the landlord incurred the cost of cleaning the oven, as confirmed by the invoice produced. The amount of $80.00, as sought, is awarded.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord claims compensation for 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 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. In this case, the amended provisions will apply, as the damage occurred after August 2019.
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) of the 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.
In this case the landlord is insured for tenant damage and has produced evidence showing that the insurance excess is $1,000.00. The rent for this premises is $350.00 per week.
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.

Is the tenant responsible for the damage to the premises?

The evidence produced by the landlord establishes that the following damage was caused during the tenancy: a. Damage to carpet and furnishings from methamphetamine, requiring decontamination and replacement of the carpet. The landlord seeks the insurance excess of $1,000.00. b. Damage to door and door frame, requiring removal of the door frame, installation of a new door frame, repairs to the door ($1,541.00), replacement of the lock and re-keying ($289.00) and an additional swipe tag (40.00).
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.
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. Filing fee
Because the landlord has been successful, the tenant is to pay the landlord’s filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4413422 — net $5,003.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Meth testing – invoice 29.7.22	$192.00	Meth testing – invoice 29.7.22
Drug testing 6.10.22	$773.95	Drug testing 6.10.22
Meth testing 25.10.22	$851.00	Meth testing 25.10.22
Meth testing: 3.11.2022	$192.00	Meth testing: 3.11.2022
Meth testing: individual test 22.11.22	$375.00	Meth testing: individual test 22.11.22
Decontamination of furnishings & carpet replacement – insurance excess	$1,000.00	Decontamination of furnishings & carpet replacement – insurance excess
Door frame replacement	$1,541.00	Door frame replacement
Lock/key replacement	$289.00	Lock/key replacement
Key replacement: new swipe tag	$40.00	Key replacement: new swipe tag
Cleaning	$80.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,003.58
Total payable by Tenant to Landlord	$5,003.58

Claims and awards for application 4413422 — net $5,003.58 NZD. Verify on MoJ.

Meth testing – invoice 29.7.22

Amount: $192.00
Awarded to: Landlord
Reason: Meth testing – invoice 29.7.22

Drug testing 6.10.22

Amount: $773.95
Awarded to: Landlord
Reason: Drug testing 6.10.22

Meth testing 25.10.22

Amount: $851.00
Awarded to: Landlord
Reason: Meth testing 25.10.22

Meth testing: 3.11.2022

Amount: $192.00
Awarded to: Landlord
Reason: Meth testing: 3.11.2022

Meth testing: individual test 22.11.22

Amount: $375.00
Awarded to: Landlord
Reason: Meth testing: individual test 22.11.22

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details. 2.
The Bond Centre is to pay the bond of $350.81 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord, represented by [The landlord’s representative], attended the hearing. The tenant was notified, but did not attend, and the hearing proceeded in her absence.
Following an order of the Tribunal on 5 October 2022 (application number 4387361) the tenancy was terminated and possession was granted to the landlord (on 6 October 2022). The landlord was also awarded rent arrears, a rubbish disposal fee, and the filing fee, which were all deducted from the bond of $1,400.00. The balance of $350.81 is held at the Bond Centre. The landlord’s evidence is that the tenant moved out on 21 October 2022.
The landlord’s current application (number 4413422) was set for hearing on 18 November 2022 and 9 February 2023, with both hearings being adjourned. It was noted, in the Tribunal orders following these hearing dates, that the only claims for determination were costs relating to damage, repair and cleaning. The landlord was directed to provide additional evidence, including photographs and invoices for the costs incurred for cleaning and repair of damage. The landlord submitted additional evidence in support.

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).
In this case the tenant did not leave the premises reasonably clean and tidy, and the landlord incurred the cost of cleaning the oven, as confirmed by the invoice produced. The amount of $80.00, as sought, is awarded.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord claims compensation for 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 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. In this case, the amended provisions will apply, as the damage occurred after August 2019.
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) of the 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.
In this case the landlord is insured for tenant damage and has produced evidence showing that the insurance excess is $1,000.00. The rent for this premises is $350.00 per week.
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.

Is the tenant responsible for the damage to the premises?

The evidence produced by the landlord establishes that the following damage was caused during the tenancy: a. Damage to carpet and furnishings from methamphetamine, requiring decontamination and replacement of the carpet. The landlord seeks the insurance excess of $1,000.00. b. Damage to door and door frame, requiring removal of the door frame, installation of a new door frame, repairs to the door ($1,541.00), replacement of the lock and re-keying ($289.00) and an additional swipe tag (40.00).
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.
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. Filing fee
Because the landlord has been successful, the tenant is to pay the landlord’s filing fee.

Tenancy Tribunal case 4413422 — Property damage

At a glance

Tenancy Tribunal case 4413422 — Property damage

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

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

Frequently asked questions