What was Tenancy Tribunal case 4545329 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 4545329?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,714.29 awarded to landlord; Property Damage: $3,450.00 awarded to landlord; (Sand And Paint Walls: $10,925.00 awarded to landlord; Water Rates: $90.63 awarded to landlord

What type of tenancy dispute was case 4545329?

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

Where can I read the official tribunal order for case 4545329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9843524-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4545329 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 4545329?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,714.29 awarded to landlord; Property Damage: $3,450.00 awarded to landlord; (Sand And Paint Walls: $10,925.00 awarded to landlord; Water Rates: $90.63 awarded to landlord

What type of tenancy dispute was case 4545329?

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

Where can I read the official tribunal order for case 4545329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9843524-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4545329 — Property damage

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New Zealand Tenancy Tribunal Case 4545329 — 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 4545329 — net $14,800.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,714.29	Rent arrears
Water rates	$90.63	Water rates
Repairs: (sand and paint walls	$10,925.00	Repairs: (sand and paint walls
Repairs: (repair significant numbers of large holes in the walls	$3,450.00	Repairs: (repair significant numbers of large holes in the walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,800.36
Total payable by Tenant to Landlord	$14,800.36

Claims and awards for application 4545329 — net $14,800.36 NZD. Verify on MoJ.

Rent arrears

Amount: $2,714.29
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $90.63
Awarded to: Landlord
Reason: Water rates

Repairs: (sand and paint walls

Amount: $10,925.00
Awarded to: Landlord
Reason: Repairs: (sand and paint walls

Repairs: (repair significant numbers of large holes in the walls

Amount: $3,450.00
Awarded to: Landlord
Reason: Repairs: (repair significant numbers of large holes in the walls

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee 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 name and identifying details.
Siohean Lovey Cassidy and Huddie Matua Braiden must pay the landlord $14,800.36 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenants have received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 5 April 2023. The landlord provided rent records and water rates invoices which prove the amount owing at 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 tenants 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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
At the end of the tenancy, the heat pump remote was missing.
The landlord has not made claims for replacing the heat pump remote control, nor for removing the rubbish off the floors inside the house or for the extensive cleaning undertaken to get the house to a reasonably clean and tidy state.

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: a. Extensive large holes in the walls in the hallway, lounge and all three bedrooms; b. Coloured pencil drawings on the walls in one of the bedrooms; c. Stains and other marks and dents on the walls throughout the house.
The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved by quotations and then invoices that prove the amounts claimed.
The landlord’s insurance excludes deliberate damage. Therefore, the landlord has been unable to recover any of the costs incurred through making an insurance claim and I have treated this matter like the landlord has no insurance (Refer to section 49B(1) RTA) .
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because the landlord has wholly succeeded with the claim I must reimburse the 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 4545329 — net $14,800.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,714.29	Rent arrears
Water rates	$90.63	Water rates
Repairs: (sand and paint walls	$10,925.00	Repairs: (sand and paint walls
Repairs: (repair significant numbers of large holes in the walls	$3,450.00	Repairs: (repair significant numbers of large holes in the walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$14,800.36
Total payable by Tenant to Landlord	$14,800.36

Claims and awards for application 4545329 — net $14,800.36 NZD. Verify on MoJ.

Rent arrears

Amount: $2,714.29
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $90.63
Awarded to: Landlord
Reason: Water rates

Repairs: (sand and paint walls

Amount: $10,925.00
Awarded to: Landlord
Reason: Repairs: (sand and paint walls

Repairs: (repair significant numbers of large holes in the walls

Amount: $3,450.00
Awarded to: Landlord
Reason: Repairs: (repair significant numbers of large holes in the walls

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee 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 name and identifying details.
Siohean Lovey Cassidy and Huddie Matua Braiden must pay the landlord $14,800.36 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenants have received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 5 April 2023. The landlord provided rent records and water rates invoices which prove the amount owing at 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 tenants 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) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish.
At the end of the tenancy, the heat pump remote was missing.
The landlord has not made claims for replacing the heat pump remote control, nor for removing the rubbish off the floors inside the house or for the extensive cleaning undertaken to get the house to a reasonably clean and tidy state.

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: a. Extensive large holes in the walls in the hallway, lounge and all three bedrooms; b. Coloured pencil drawings on the walls in one of the bedrooms; c. Stains and other marks and dents on the walls throughout the house.
The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved by quotations and then invoices that prove the amounts claimed.
The landlord’s insurance excludes deliberate damage. Therefore, the landlord has been unable to recover any of the costs incurred through making an insurance claim and I have treated this matter like the landlord has no insurance (Refer to section 49B(1) RTA) .
I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4545329 — Property damage

At a glance

Tenancy Tribunal case 4545329 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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