What was Tenancy Tribunal case 4598771 about?

The tribunal order states: Tiana Elaine Tauakume, Bobette Jade Wilson and Arorangi Araia must pay

How much money was awarded in case 4598771?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,692.00 awarded to landlord; 12 holes throughout house; gib patch…: $2,550.00 awarded to landlord; Broken Laundry Door Lock: $50.00 awarded to landlord; Smashed Back Door Frame: $400.00 awarded to landlord; Smashed Fence: $700.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Replace furnishings: missing kitchen…: $200.00 awarded to landlord

What type of tenancy dispute was case 4598771?

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

Where can I read the official tribunal order for case 4598771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9354739-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4598771 about?

The tribunal order states: Tiana Elaine Tauakume, Bobette Jade Wilson and Arorangi Araia must pay

How much money was awarded in case 4598771?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,692.00 awarded to landlord; 12 holes throughout house; gib patch…: $2,550.00 awarded to landlord; Broken Laundry Door Lock: $50.00 awarded to landlord; Smashed Back Door Frame: $400.00 awarded to landlord; Smashed Fence: $700.00 awarded to landlord; Property Damage: $600.00 awarded to landlord; Replace furnishings: missing kitchen…: $200.00 awarded to landlord

What type of tenancy dispute was case 4598771?

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

Where can I read the official tribunal order for case 4598771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9354739-Tribunal_Order_Redacted.pdf.

336 Warspite Avenue, Waitangirua, Porirua 5024 Tenancy Tribunal Case 4598771 — Property damage

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336 Warspite Avenue, Waitangirua, Porirua 5024 Tenancy Tribunal Case 4598771 — 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 4598771 — net $5,132.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/5/23	$2,692.00	3. The tenancy ended on 10 May 2023 by tenant notice.
Replace furnishings: 3 damaged internal doors	$600.00	Replace furnishings: 3 damaged internal doors
Replace furnishings: missing kitchen door	$200.00	Replace furnishings: missing kitchen door
Repairs: smashed back door frame	$400.00	Repairs: smashed back door frame
Repairs: broken laundry door lock	$50.00	Repairs: broken laundry door lock
Repairs: 12 holes throughout house; gib patch, plaster, prime & paint	$2,550.00	Repairs: 12 holes throughout house; gib patch, plaster, prime & paint
Repairs: smashed fence	$700.00	Repairs: smashed fence
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,132.44
Total payable by Tenant to Landlord	$5,132.44

Claims and awards for application 4598771 — net $5,132.44 NZD. Verify on MoJ.

Rent arrears to 10/5/23

Amount: $2,692.00
Awarded to: Landlord
Reason: 3. The tenancy ended on 10 May 2023 by tenant notice.

Replace furnishings: 3 damaged internal doors

Amount: $600.00
Awarded to: Landlord
Reason: Replace furnishings: 3 damaged internal doors

Replace furnishings: missing kitchen door

Amount: $200.00
Awarded to: Landlord
Reason: Replace furnishings: missing kitchen door

Repairs: smashed back door frame

Amount: $400.00
Awarded to: Landlord
Reason: Repairs: smashed back door frame

Repairs: broken laundry door lock

Amount: $50.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Tiana Elaine Tauakume, Bobette Jade Wilson and Arorangi Araia must pay [The landlord/s] $5,132.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.
An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Reasons

The landlord attended the hearing, represented by [The landlord/s]. There was no appearance for the tenants. As they had been served with the Notice of Hearing by email, the hearing continued in their absence.
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?

The tenancy ended on 10 May 2023 by tenant notice. The landlord provided rent records which prove the amount owing at the end of the tenancy. Accordingly, the amount ordered is proven in evidence.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for the following damages to the property discovered at the end of the tenancy: a. Three internal doors were smashed to the point where they could not be repaired and had to be replaced. b. The kitchen door was missing. c. The door frame of the back door was smashed where the lock had been and required extensive repairs. d. The outside laundry door lock was smashed and broken and had to be replaced. e. There were 12 holes in the internal walls in the premise, some very large. They had to be re-gibbed, plastered, primed and painted. The house had previously been painted just prior to the tenancy commencing. f. The outside fence was smashed and had to be replaced.
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. The landlord does not have insurance cover for intentional damage and their excess for careless damage is $1000. The weekly rent was $550.
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.
Having assessed the photos provided of the damage I am satisfied that it was all caused intentionally by the tenants other than some of the minor damage to the walls which was most likely caused carelessly. Accordingly, the tenants are liable for the repair costs.
In assessing the compensation awarded, I have taken into account betterment and depreciation with respect to the replacement of the fence and the painting only. 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 fence and internal paint work at the start of the tenancy and their likely useful lifespan. Accordingly, the amounts awarded for the replacement of the fence and painting are slightly less than those claimed.

Is the guarantor liable?

On 14 November 2020, the guarantor Arorangi Araia, provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations. She guaranteed all payments due by this tenant in this tenancy.
The Tribunal has ordered the tenant to pay $5,132.44 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) RTA. The filing fee and suppression
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee, and I approve their application for suppression.

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 4598771 — net $5,132.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10/5/23	$2,692.00	3. The tenancy ended on 10 May 2023 by tenant notice.
Replace furnishings: 3 damaged internal doors	$600.00	Replace furnishings: 3 damaged internal doors
Replace furnishings: missing kitchen door	$200.00	Replace furnishings: missing kitchen door
Repairs: smashed back door frame	$400.00	Repairs: smashed back door frame
Repairs: broken laundry door lock	$50.00	Repairs: broken laundry door lock
Repairs: 12 holes throughout house; gib patch, plaster, prime & paint	$2,550.00	Repairs: 12 holes throughout house; gib patch, plaster, prime & paint
Repairs: smashed fence	$700.00	Repairs: smashed fence
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,132.44
Total payable by Tenant to Landlord	$5,132.44

Claims and awards for application 4598771 — net $5,132.44 NZD. Verify on MoJ.

Rent arrears to 10/5/23

Amount: $2,692.00
Awarded to: Landlord
Reason: 3. The tenancy ended on 10 May 2023 by tenant notice.

Replace furnishings: 3 damaged internal doors

Amount: $600.00
Awarded to: Landlord
Reason: Replace furnishings: 3 damaged internal doors

Replace furnishings: missing kitchen door

Amount: $200.00
Awarded to: Landlord
Reason: Replace furnishings: missing kitchen door

Repairs: smashed back door frame

Amount: $400.00
Awarded to: Landlord
Reason: Repairs: smashed back door frame

Repairs: broken laundry door lock

Amount: $50.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage

Order

Tiana Elaine Tauakume, Bobette Jade Wilson and Arorangi Araia must pay [The landlord/s] $5,132.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.
An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Reasons

The landlord attended the hearing, represented by [The landlord/s]. There was no appearance for the tenants. As they had been served with the Notice of Hearing by email, the hearing continued in their absence.
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?

The tenancy ended on 10 May 2023 by tenant notice. The landlord provided rent records which prove the amount owing at the end of the tenancy. Accordingly, the amount ordered is proven in evidence.

Is the tenant responsible for the damage to the premises?

The landlord seeks compensation for the following damages to the property discovered at the end of the tenancy: a. Three internal doors were smashed to the point where they could not be repaired and had to be replaced. b. The kitchen door was missing. c. The door frame of the back door was smashed where the lock had been and required extensive repairs. d. The outside laundry door lock was smashed and broken and had to be replaced. e. There were 12 holes in the internal walls in the premise, some very large. They had to be re-gibbed, plastered, primed and painted. The house had previously been painted just prior to the tenancy commencing. f. The outside fence was smashed and had to be replaced.
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. The landlord does not have insurance cover for intentional damage and their excess for careless damage is $1000. The weekly rent was $550.
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.
Having assessed the photos provided of the damage I am satisfied that it was all caused intentionally by the tenants other than some of the minor damage to the walls which was most likely caused carelessly. Accordingly, the tenants are liable for the repair costs.
In assessing the compensation awarded, I have taken into account betterment and depreciation with respect to the replacement of the fence and the painting only. 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 fence and internal paint work at the start of the tenancy and their likely useful lifespan. Accordingly, the amounts awarded for the replacement of the fence and painting are slightly less than those claimed.

Is the guarantor liable?

On 14 November 2020, the guarantor Arorangi Araia, provided a guarantee to the landlord, which undertook that the guarantor would be liable for any breach of the tenant's obligations. She guaranteed all payments due by this tenant in this tenancy.
The Tribunal has ordered the tenant to pay $5,132.44 to the landlord for the tenant’s breaches, which are all matters covered by the guarantee.
I am therefore satisfied that the guarantor is liable under the guarantee to pay the landlord the sum ordered. See section 77(2)(ka) RTA. The filing fee and suppression
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee, and I approve their application for suppression.

Tenancy Tribunal case 4598771 — Property damage at 336 Warspite Avenue, Waitangirua, Porirua 5024

At a glance

Tenancy Tribunal case 4598771 — Property damage at 336 Warspite Avenue, Waitangirua, Porirua 5024

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Is the guarantor liable?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Is the tenant responsible for the damage to the premises?

Is the guarantor liable?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions