What was Tenancy Tribunal case 4564098 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 4564098?

Central Vac System (Insurance: $750.00 awarded to landlord; Extractor Fan Bulbs: $258.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Door And Heat Pump Remotes: $517.50 awarded to landlord; Rent Arrears: $3,920.50 awarded to landlord; Eco Pump Due To Blockage: $962.31 awarded to landlord; Stair Lights: $287.50 awarded to landlord; Property Damage: $2,070.00 awarded to landlord; Window Blinds (Insurance: $750.00 awarded to landlord; Smoke Alarms: $34.50 awarded to landlord; Water Rates: $758.15 awarded to landlord

What type of tenancy dispute was case 4564098?

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

Where can I read the official tribunal order for case 4564098?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9473842-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4564098 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 4564098?

Central Vac System (Insurance: $750.00 awarded to landlord; Extractor Fan Bulbs: $258.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Door And Heat Pump Remotes: $517.50 awarded to landlord; Rent Arrears: $3,920.50 awarded to landlord; Eco Pump Due To Blockage: $962.31 awarded to landlord; Stair Lights: $287.50 awarded to landlord; Property Damage: $2,070.00 awarded to landlord; Window Blinds (Insurance: $750.00 awarded to landlord; Smoke Alarms: $34.50 awarded to landlord; Water Rates: $758.15 awarded to landlord

What type of tenancy dispute was case 4564098?

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

Where can I read the official tribunal order for case 4564098?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9473842-Tribunal_Order_Redacted.pdf.

10A Blossom Lane, Manurewa, Auckland 2102 Tenancy Tribunal Case 4564098 — Property damage

Claims and awards in Tenancy Tribunal application 4564098 — net $7,329.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,920.50	Rent arrears
Repairs: Window blinds (insurance	$750.00	Repairs: Window blinds (insurance
Central vac system (insurance	$750.00	Central vac system (insurance
Repairs: Stair lights	$287.50	Repairs: Stair lights
Garage door and heat pump remotes	$517.50	Garage door and heat pump remotes
Replace smoke alarms	$34.50	Replace smoke alarms
Repairs: Wall damage	$2,070.00	Repairs: Wall damage
Extractor fan bulbs	$258.75	Extractor fan bulbs
Repairs: Eco pump due to blockage	$962.31	Repairs: Eco pump due to blockage
Water rates	$758.15	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,329.65
Total payable by Tenant to Landlord	$7,329.65

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Martha Hetaraka must pay [The landlord/s] $7,329.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All remaining claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. Notice of the hearing was sent to the email address for the tenant which was included in the tenancy agreement. This is also the email address that the tenant used to communicate with the landlord. The hearing proceeded in the tenant’s absence (see section 92(1) Residential Tenancies Act 1986).
The landlord has applied for rent arrears, water rates, 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 landlord applied to the Tribunal for termination of the tenancy due to abandonment through the expediated process. On 25 May 2023 the Tribunal terminated the tenancy and possession was granted to the landlord.
Section 61(3)(b) Residential Tenancies Act 1986 sets out the tenant’s liability for rent following the termination of a fixed term tenancy due to abandonment. At the hearing the landlord advised that they were only seeking rent arrears to 25 May 2023 which is the date that the tenancy was terminated. Therefore, rent arrears are ordered to that date.
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 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 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 tenant did not return the garage remote or one of the heat pump remotes.
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: broken central vac system, damaged blinds, missing stair lights, holes (x2) and dents in walls, smoke alarm missing, extractor fan heat lamps missing, damaged eco pump. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord applied in relation to a broken entrance lock. The photographs of the lock are misleading because one photographs shows the lock intact and the others shows the cover removed and the batteries were removed. On the evidence it is not clear that the lock was damaged or that the tenant was responsible for that damage. That claim is dismissed.
The landlord applied for repair of kitchen cupboards. No photographs were produced so I was unable to determine that they were damaged. That claim is dismissed.
The landlord applied for replacement of an intercom system. It is not clear on the evidence what happened to the system and therefore whether it was damaged due to the tenant. On the evidence I am unable to award compensation so that claim is dismissed.
The landlord claimed for a damaged heated towel rail. The ingoing inspection photographs show that the towel rail was damaged at the beginning of the tenancy. The landlord thought that it had been repaired after the inspection but there was no evidence before me of that. The claim is dismissed.
The landlord claimed for missing stair. The ingoing inspection photographs show that there were missing lights at the beginning of the tenancy. I have reduced the claim for the number that appear to be missing less the number missing at the beginning.
The landlord claimed costs for early termination. The costs relate to advertising the premises to be relet. The landlord has been awarded possession on 25 May 2023 and rent arrears to that date. The fixed term tenancy was due to end on 12 June 2023, 18 days after the Tribunal terminated the tenancy. Section 66(2) Residential Tenancies Act states that the Tribunal may make an order for reasonable compensation for any loss or damage as a result of reducing the term of the tenancy. It is not clear that that section applies to the situation where termination is due to abandonment. However, I have determined that if the tenancy were to conclude at the end of the fixed term the landlord would have the same costs that are being sought. The loss to the landlord is therefore not clear. That claim is dismissed.
The landlord claimed for the damaged eco pump which removes waste from the premises. The system was blocked due to the use of wet wipes and sanitary products. The invoice dated 16 March 2023 clearly states that this is the cause of the issues. The landlord also produced an invoice dated 17 May 2023. The cause of the issues on that day are not stated in the invoice but the landlord referred to cooking fat going down the drains. On the evidence it is not clear that the tenant should be responsible for the repair on both occasions. I have therefore deducted the amount of the second invoice to reflect this.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4564098 — net $7,329.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,920.50	Rent arrears
Repairs: Window blinds (insurance	$750.00	Repairs: Window blinds (insurance
Central vac system (insurance	$750.00	Central vac system (insurance
Repairs: Stair lights	$287.50	Repairs: Stair lights
Garage door and heat pump remotes	$517.50	Garage door and heat pump remotes
Replace smoke alarms	$34.50	Replace smoke alarms
Repairs: Wall damage	$2,070.00	Repairs: Wall damage
Extractor fan bulbs	$258.75	Extractor fan bulbs
Repairs: Eco pump due to blockage	$962.31	Repairs: Eco pump due to blockage
Water rates	$758.15	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,329.65
Total payable by Tenant to Landlord	$7,329.65

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Martha Hetaraka must pay [The landlord/s] $7,329.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All remaining claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend the hearing. Notice of the hearing was sent to the email address for the tenant which was included in the tenancy agreement. This is also the email address that the tenant used to communicate with the landlord. The hearing proceeded in the tenant’s absence (see section 92(1) Residential Tenancies Act 1986).
The landlord has applied for rent arrears, water rates, 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 landlord applied to the Tribunal for termination of the tenancy due to abandonment through the expediated process. On 25 May 2023 the Tribunal terminated the tenancy and possession was granted to the landlord.
Section 61(3)(b) Residential Tenancies Act 1986 sets out the tenant’s liability for rent following the termination of a fixed term tenancy due to abandonment. At the hearing the landlord advised that they were only seeking rent arrears to 25 May 2023 which is the date that the tenancy was terminated. Therefore, rent arrears are ordered to that date.
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 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 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 tenant did not return the garage remote or one of the heat pump remotes.
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: broken central vac system, damaged blinds, missing stair lights, holes (x2) and dents in walls, smoke alarm missing, extractor fan heat lamps missing, damaged eco pump. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord applied in relation to a broken entrance lock. The photographs of the lock are misleading because one photographs shows the lock intact and the others shows the cover removed and the batteries were removed. On the evidence it is not clear that the lock was damaged or that the tenant was responsible for that damage. That claim is dismissed.
The landlord applied for repair of kitchen cupboards. No photographs were produced so I was unable to determine that they were damaged. That claim is dismissed.
The landlord applied for replacement of an intercom system. It is not clear on the evidence what happened to the system and therefore whether it was damaged due to the tenant. On the evidence I am unable to award compensation so that claim is dismissed.
The landlord claimed for a damaged heated towel rail. The ingoing inspection photographs show that the towel rail was damaged at the beginning of the tenancy. The landlord thought that it had been repaired after the inspection but there was no evidence before me of that. The claim is dismissed.
The landlord claimed for missing stair. The ingoing inspection photographs show that there were missing lights at the beginning of the tenancy. I have reduced the claim for the number that appear to be missing less the number missing at the beginning.
The landlord claimed costs for early termination. The costs relate to advertising the premises to be relet. The landlord has been awarded possession on 25 May 2023 and rent arrears to that date. The fixed term tenancy was due to end on 12 June 2023, 18 days after the Tribunal terminated the tenancy. Section 66(2) Residential Tenancies Act states that the Tribunal may make an order for reasonable compensation for any loss or damage as a result of reducing the term of the tenancy. It is not clear that that section applies to the situation where termination is due to abandonment. However, I have determined that if the tenancy were to conclude at the end of the fixed term the landlord would have the same costs that are being sought. The loss to the landlord is therefore not clear. That claim is dismissed.
The landlord claimed for the damaged eco pump which removes waste from the premises. The system was blocked due to the use of wet wipes and sanitary products. The invoice dated 16 March 2023 clearly states that this is the cause of the issues. The landlord also produced an invoice dated 17 May 2023. The cause of the issues on that day are not stated in the invoice but the landlord referred to cooking fat going down the drains. On the evidence it is not clear that the tenant should be responsible for the repair on both occasions. I have therefore deducted the amount of the second invoice to reflect this.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4564098 — Property damage at 10A Blossom Lane, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4564098 — Property damage at 10A Blossom Lane, Manurewa, Auckland 2102

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