How much money was awarded in case 4568851?

Bailiff Costs: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $4,122.02 awarded to landlord; Rent Arrears: $514.30 awarded to landlord

What type of tenancy dispute was case 4568851?

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

Where can I read the official tribunal order for case 4568851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9485139-Tribunal_Order.pdf.

How much money was awarded in case 4568851?

Bailiff Costs: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $4,122.02 awarded to landlord; Rent Arrears: $514.30 awarded to landlord

What type of tenancy dispute was case 4568851?

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

Where can I read the official tribunal order for case 4568851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9485139-Tribunal_Order.pdf.

18 Grove Burn Road, Tuatapere, Tuatapere 9620 Tenancy Tribunal Case 4568851 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4568851?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4568851 — net $4,762.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 15-2-2023 until 27-2-23	$514.30	Rent arrears from 15-2-2023 until 27-2-23
Damages to walls	$4,122.02	Damages to walls
Bailiff costs	$200.00	Bailiff costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,762.45
Total payable by Tenant to Landlord	$4,762.45

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Katarina Elizabeth Cooper must pay Southland Real Estate As Agent For Peter Deuart & Wonlee Leem $4,762.45 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $94.31 (5647209-007) to Southland Real Estate As Agent For Peter Deuart & Wonlee Leem immediately.

Reasons

The tenant failed to attend the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background:

The landlord applied to the Tribunal for termination and exemplary damages given the tenant failed to allow the landlord to enter the premises for inspection. Termination was granted and exemplary damages awarded. This is recorded in the order dated 15 February 2023.

The tenant refused to vacate and applied for a rehearing on the 27 th February 2023. A stay was granted, and this application was set down for hearing.

The rehearing application was heard and dismissed on 16 March 2027. The original order of 15 February 2023 stood. The bailiff was required to assist with the removal of the tenant on that same day.

Before me now is the application for the clean up costs that was filed in May 2023.

How much is owed for rent?

The landlord claims rent for the period the tenant stayed until the rehearing was filed and stay granted. I accept and make such an award. I also accept the costs for the bailiff should be awarded.

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 leave the premises reasonably clean and tidy, and did not remove all rubbish.

The tenant did not return the keys.

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:

There was a significant amount of damages done to doors and walls. 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.

The balance of the previous order was met from the bond leaving a balance of the bond remining, this is now to be retained by the landlord.

Because Southland Real Estate As Agent For Peter Deuart & Wonlee Leem has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4568851 — net $4,762.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 15-2-2023 until 27-2-23	$514.30	Rent arrears from 15-2-2023 until 27-2-23
Damages to walls	$4,122.02	Damages to walls
Bailiff costs	$200.00	Bailiff costs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,762.45
Total payable by Tenant to Landlord	$4,762.45

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Katarina Elizabeth Cooper must pay Southland Real Estate As Agent For Peter Deuart & Wonlee Leem $4,762.45 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $94.31 (5647209-007) to Southland Real Estate As Agent For Peter Deuart & Wonlee Leem immediately.

Reasons

The tenant failed to attend the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background:
The landlord applied to the Tribunal for termination and exemplary damages given the tenant failed to allow the landlord to enter the premises for inspection. Termination was granted and exemplary damages awarded. This is recorded in the order dated 15 February 2023.
The tenant refused to vacate and applied for a rehearing on the 27 th February 2023. A stay was granted, and this application was set down for hearing.
The rehearing application was heard and dismissed on 16 March 2027. The original order of 15 February 2023 stood. The bailiff was required to assist with the removal of the tenant on that same day.
Before me now is the application for the clean up costs that was filed in May 2023.

How much is owed for rent?

The landlord claims rent for the period the tenant stayed until the rehearing was filed and stay granted. I accept and make such an award. I also accept the costs for the bailiff should be awarded.

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 leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys.
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:
There was a significant amount of damages done to doors and walls. 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.
The balance of the previous order was met from the bond leaving a balance of the bond remining, this is now to be retained by the landlord.
Because Southland Real Estate As Agent For Peter Deuart & Wonlee Leem has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4568851 — Property damage at 18 Grove Burn Road, Tuatapere, Tuatapere 9620

At a glance

Tenancy Tribunal case 4568851 — Property damage at 18 Grove Burn Road, Tuatapere, Tuatapere 9620

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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