What was Tenancy Tribunal case 4529369 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 4529369?

Rent Arrears: $403.57 awarded to landlord; Property Damage: $3,750.00 awarded to landlord; Water Rates: $638.52 awarded to landlord

What type of tenancy dispute was case 4529369?

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

Where can I read the official tribunal order for case 4529369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9082085-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4529369 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 4529369?

Rent Arrears: $403.57 awarded to landlord; Property Damage: $3,750.00 awarded to landlord; Water Rates: $638.52 awarded to landlord

What type of tenancy dispute was case 4529369?

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

Where can I read the official tribunal order for case 4529369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9082085-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4529369 — Property damage

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New Zealand Tenancy Tribunal Case 4529369 — 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 4529369 — net $1,792.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 June 2023	$403.57	2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates arrears, compensation and refund o…
Water rates	$638.52	7. It would be inequitable to refuse to terminate the tenancy because there are substantial damages to the property which have become progressively worse and h…
Repairs: Insurance excess x 3	$3,750.00	Repairs: Insurance excess x 3
Net award	$1,792.09
Total payable by Tenant to Landlord	$1,792.09

Claims and awards for application 4529369 — net $1,792.09 NZD. Verify on MoJ.

Rent arrears to 9 June 2023

Amount: $403.57
Awarded to: Landlord
Reason: 2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates arrears, compensation and refund o…

Water rates

Amount: $638.52
Awarded to: Landlord
Reason: 7. It would be inequitable to refuse to terminate the tenancy because there are substantial damages to the property which have become progressively worse and h…

Repairs: Insurance excess x 3

Amount: $3,750.00
Awarded to: Landlord
Reason: Repairs: Insurance excess x 3

Net award

Landlord $1,792.09

Total payable by Tenant to Landlord

Landlord $1,792.09

Claim types — money lines allowed on this order

Rent arrears Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Crystal Heke at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Crystal Heke must pay [The landlord/s] $1,792.09 immediately, calculated as shown in the table below:

Reasons

The Landlord attended the hearing by teleconference. The Tenant did not answer the telephone calls made by the Tribunal.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates arrears, compensation and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by causing damage to the property and not paying their rent on time.
The landlord served 14-day notices on the tenant on 20 April 2023 and 2 March 2023 and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because there are substantial damages to the property which have become progressively worse and have not been fixed by the Tenant. The Tenant has not been able to be contacted by the Landlord.

How much is owed for rent and water rates arrears?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 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: extensive wall damage throughout the property, carpet stains, damage to kitchen cabinetry, damage to the bathroom vanity, damage to the power points and damage to the bathtub. The landlord provided inspection reports, quotes, photos, correspondence from the insurance company and the evidence provided by the Landlord at the hearing. The landlord’s claim is limited to the three insurance excesses the insurer applied to the claim however the cost of repairing the damage exceeds this considerably.
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. 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.
As the Landlord has been substantially successful, name suppression is granted to the Landlord.

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 4529369 — net $1,792.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 June 2023	$403.57	2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates arrears, compensation and refund o…
Water rates	$638.52	7. It would be inequitable to refuse to terminate the tenancy because there are substantial damages to the property which have become progressively worse and h…
Repairs: Insurance excess x 3	$3,750.00	Repairs: Insurance excess x 3
Net award	$1,792.09
Total payable by Tenant to Landlord	$1,792.09

Claims and awards for application 4529369 — net $1,792.09 NZD. Verify on MoJ.

Rent arrears to 9 June 2023

Amount: $403.57
Awarded to: Landlord
Reason: 2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates arrears, compensation and refund o…

Water rates

Amount: $638.52
Awarded to: Landlord
Reason: 7. It would be inequitable to refuse to terminate the tenancy because there are substantial damages to the property which have become progressively worse and h…

Repairs: Insurance excess x 3

Amount: $3,750.00
Awarded to: Landlord
Reason: Repairs: Insurance excess x 3

Net award

Landlord $1,792.09

Total payable by Tenant to Landlord

Landlord $1,792.09

Claim types — money lines allowed on this order

Rent arrears Property damage Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
The tenancy of Crystal Heke at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], immediately.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Crystal Heke must pay [The landlord/s] $1,792.09 immediately, calculated as shown in the table below:

Reasons

The Landlord attended the hearing by teleconference. The Tenant did not answer the telephone calls made by the Tribunal.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, water rates arrears, compensation and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The tenant has breached their obligations by causing damage to the property and not paying their rent on time.
The landlord served 14-day notices on the tenant on 20 April 2023 and 2 March 2023 and the tenant did not remedy the breach within the required period.
It would be inequitable to refuse to terminate the tenancy because there are substantial damages to the property which have become progressively worse and have not been fixed by the Tenant. The Tenant has not been able to be contacted by the Landlord.

How much is owed for rent and water rates arrears?

The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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 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: extensive wall damage throughout the property, carpet stains, damage to kitchen cabinetry, damage to the bathroom vanity, damage to the power points and damage to the bathtub. The landlord provided inspection reports, quotes, photos, correspondence from the insurance company and the evidence provided by the Landlord at the hearing. The landlord’s claim is limited to the three insurance excesses the insurer applied to the claim however the cost of repairing the damage exceeds this considerably.
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. 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.
As the Landlord has been substantially successful, name suppression is granted to the Landlord.

Tenancy Tribunal case 4529369 — Property damage

At a glance

Tenancy Tribunal case 4529369 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much is owed for rent and water rates arrears?

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

Should the tenancy be terminated?

How much is owed for rent and water rates arrears?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions