What was Tenancy Tribunal case 4563605 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 4563605?

Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $4,738.00 awarded to landlord; Previous Order Application 4517336 D…: $5,817.23 awarded to landlord; Property Damage: $2,760.00 awarded to landlord; Rent Arrears: $1,750.00 awarded to landlord; Water Rates: $125.20 awarded to landlord

What type of tenancy dispute was case 4563605?

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

Where can I read the official tribunal order for case 4563605?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9317516-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4563605 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 4563605?

Filing Fee: $20.44 awarded to landlord; Kitchen Vinyl: $4,738.00 awarded to landlord; Previous Order Application 4517336 D…: $5,817.23 awarded to landlord; Property Damage: $2,760.00 awarded to landlord; Rent Arrears: $1,750.00 awarded to landlord; Water Rates: $125.20 awarded to landlord

What type of tenancy dispute was case 4563605?

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

Where can I read the official tribunal order for case 4563605?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9317516-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4563605 — Property damage

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New Zealand Tenancy Tribunal Case 4563605 — 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 4563605 — net $15,210.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears – 03/04/2023 to 14/05/2023	$1,750.00	Rent arrears – 03/04/2023 to 14/05/2023
Previous order application 4517336 dated 30/03/2023	$5,817.23	Previous order application 4517336 dated 30/03/2023
Water rates	$125.20	Water rates
Replace broken clothesline & rebuild concrete slab, fix damaged wall, install toilet holder, replace 3x wardrobe cabinet	$2,760.00	Replace broken clothesline & rebuild concrete slab, fix damaged wall, install toilet holder, replace 3x wardrobe cabinet
dow door frame, shower tray, curtain tracks & hooks, broken cabinet hinges and toilet. Remove stain on vinyl floor and r	$4,738.00	dow door frame, shower tray, curtain tracks & hooks, broken cabinet hinges and toilet. Remove stain on vinyl floor and r
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,210.87
Total payable by Tenant to Landlord	$15,210.87

Claims and awards for application 4563605 — net $15,210.87 NZD. Verify on MoJ.

Rent arrears – 03/04/2023 to 14/05/2023

Amount: $1,750.00
Awarded to: Landlord
Reason: Rent arrears – 03/04/2023 to 14/05/2023

Previous order application 4517336 dated 30/03/2023

Amount: $5,817.23
Awarded to: Landlord
Reason: Previous order application 4517336 dated 30/03/2023

Water rates

Amount: $125.20
Awarded to: Landlord
Reason: Water rates

Replace broken clothesline & rebuild concrete slab, fix damaged wall, install toilet holder, replace 3x wardrobe cabinet

Amount: $2,760.00
Awarded to: Landlord
Reason: Replace broken clothesline & rebuild concrete slab, fix damaged wall, install toilet holder, replace 3x wardrobe cabinet

dow door frame, shower tray, curtain tracks & hooks, broken cabinet hinges and toilet. Remove stain on vinyl floor and r

Amount

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears 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.
Ruth Uili, Daniel Rangvanu and Benjamin Rangvanu must pay [The landlord/s] $15,210.87 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 30 March 2023 under application 4517336.

Reasons

The landlord attended the hearing, but the other party did not attend. The absence of a party does not prevent the hearing from proceeding.
The landlord has applied for rent arrears, water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was terminated by the Tribunal on 2 April 2023 (see order 4517336), but the tenants continued to occupy the premises until 14 May 2023. The landlord provided rent records and water rates invoices which prove the amounts 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 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) Residential Tenancies Act 1986.
The tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord produced photographs which show that the tenants left a lot of rubbish under the house and the vinyl flooring was stained.
The amounts ordered are proved.

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: the clothesline was broken, the toilet holder was missing, the wall was damaged, the ranch slider door frame could not be closed, the exterior house subfloor airflow vent was broken, there was a hole and crack in the shower tray, 3x wardrobe cabinet door handles had to be replaced, the curtain frames had come out with many missing hooks, there were broken cabinet hinges and toilet. The damage is more than fair wear and tear, and the tenants have 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. Previous order
On 30 March 2023, the Tribunal made an order relating to this tenancy, for rent arrears, water rates and compensation. The previous order is incorporated into this order for enforcement purposes. Power connection fee
The landlord claims a power reconnection fee of $50.00. She stated that usually when tenants leave the premises, they disconnect the power in their name but the power is then left on for a few days after the tenant vacates the property which also enables the landlord to do the final inspection. On this occasion, the landlord says she found the power was completely disconnected. The landlord then had to pay a reconnection fee. The tenants are free to make their own power arrangements, without the landlord expecting those arrangements to suit them, in my view. This claim is therefore dismissed. Filing fee
As the landlord has substantially succeeded with the claim, I consider it reasonable to order the other party to 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 4563605 — net $15,210.87 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears – 03/04/2023 to 14/05/2023	$1,750.00	Rent arrears – 03/04/2023 to 14/05/2023
Previous order application 4517336 dated 30/03/2023	$5,817.23	Previous order application 4517336 dated 30/03/2023
Water rates	$125.20	Water rates
Replace broken clothesline & rebuild concrete slab, fix damaged wall, install toilet holder, replace 3x wardrobe cabinet	$2,760.00	Replace broken clothesline & rebuild concrete slab, fix damaged wall, install toilet holder, replace 3x wardrobe cabinet
dow door frame, shower tray, curtain tracks & hooks, broken cabinet hinges and toilet. Remove stain on vinyl floor and r	$4,738.00	dow door frame, shower tray, curtain tracks & hooks, broken cabinet hinges and toilet. Remove stain on vinyl floor and r
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,210.87
Total payable by Tenant to Landlord	$15,210.87

Claims and awards for application 4563605 — net $15,210.87 NZD. Verify on MoJ.

Rent arrears – 03/04/2023 to 14/05/2023

Amount: $1,750.00
Awarded to: Landlord
Reason: Rent arrears – 03/04/2023 to 14/05/2023

Previous order application 4517336 dated 30/03/2023

Amount: $5,817.23
Awarded to: Landlord
Reason: Previous order application 4517336 dated 30/03/2023

Water rates

Amount: $125.20
Awarded to: Landlord
Reason: Water rates

Replace broken clothesline & rebuild concrete slab, fix damaged wall, install toilet holder, replace 3x wardrobe cabinet

Amount: $2,760.00
Awarded to: Landlord
Reason: Replace broken clothesline & rebuild concrete slab, fix damaged wall, install toilet holder, replace 3x wardrobe cabinet

dow door frame, shower tray, curtain tracks & hooks, broken cabinet hinges and toilet. Remove stain on vinyl floor and r

Amount

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears 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.
Ruth Uili, Daniel Rangvanu and Benjamin Rangvanu must pay [The landlord/s] $15,210.87 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 30 March 2023 under application 4517336.

Reasons

The landlord attended the hearing, but the other party did not attend. The absence of a party does not prevent the hearing from proceeding.
The landlord has applied for rent arrears, water rates, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was terminated by the Tribunal on 2 April 2023 (see order 4517336), but the tenants continued to occupy the premises until 14 May 2023. The landlord provided rent records and water rates invoices which prove the amounts 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 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) Residential Tenancies Act 1986.
The tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord produced photographs which show that the tenants left a lot of rubbish under the house and the vinyl flooring was stained.
The amounts ordered are proved.

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: the clothesline was broken, the toilet holder was missing, the wall was damaged, the ranch slider door frame could not be closed, the exterior house subfloor airflow vent was broken, there was a hole and crack in the shower tray, 3x wardrobe cabinet door handles had to be replaced, the curtain frames had come out with many missing hooks, there were broken cabinet hinges and toilet. The damage is more than fair wear and tear, and the tenants have 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. Previous order
On 30 March 2023, the Tribunal made an order relating to this tenancy, for rent arrears, water rates and compensation. The previous order is incorporated into this order for enforcement purposes. Power connection fee
The landlord claims a power reconnection fee of $50.00. She stated that usually when tenants leave the premises, they disconnect the power in their name but the power is then left on for a few days after the tenant vacates the property which also enables the landlord to do the final inspection. On this occasion, the landlord says she found the power was completely disconnected. The landlord then had to pay a reconnection fee. The tenants are free to make their own power arrangements, without the landlord expecting those arrangements to suit them, in my view. This claim is therefore dismissed. Filing fee
As the landlord has substantially succeeded with the claim, I consider it reasonable to order the other party to reimburse the filing fee.

Tenancy Tribunal case 4563605 — Property damage

At a glance

Tenancy Tribunal case 4563605 — 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