What was the outcome of Tenancy Tribunal case 4615553?

The tribunal order states: Rochelle Jerry must pay Sujata Rege and Girish Rege $7,319.44 immediately,

How much money was awarded in case 4615553?

Filing Fee: $20.44 awarded to landlord; Property Damage: $468.00 awarded to landlord; Property Damage: $390.00 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $1,756.00 awarded to landlord; Laundry Bifold Doors: $200.00 awarded to landlord; To Bedroom Door: $550.00 awarded to landlord; To Bedroom Walls: $440.00 awarded to landlord; To Dining Room Walls: $870.00 awarded to landlord; Wardrobe Door: $555.00 awarded to landlord; Replace Door Handle Bedroom 2: $120.00 awarded to landlord; Replace Garage Door Remote: $150.00 awarded to landlord

What type of tenancy dispute was case 4615553?

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

Where can I read the official tribunal order for case 4615553?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9727796-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4615553?

The tribunal order states: Rochelle Jerry must pay Sujata Rege and Girish Rege $7,319.44 immediately,

How much money was awarded in case 4615553?

Filing Fee: $20.44 awarded to landlord; Property Damage: $468.00 awarded to landlord; Property Damage: $390.00 awarded to landlord; Property Damage: $1,250.00 awarded to landlord; Property Damage: $550.00 awarded to landlord; Rent Arrears: $1,756.00 awarded to landlord; Laundry Bifold Doors: $200.00 awarded to landlord; To Bedroom Door: $550.00 awarded to landlord; To Bedroom Walls: $440.00 awarded to landlord; To Dining Room Walls: $870.00 awarded to landlord; Wardrobe Door: $555.00 awarded to landlord; Replace Door Handle Bedroom 2: $120.00 awarded to landlord; Replace Garage Door Remote: $150.00 awarded to landlord

What type of tenancy dispute was case 4615553?

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

Where can I read the official tribunal order for case 4615553?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9727796-Tribunal_Order.pdf.

18 Nottingham Drive, Hamilton East, Hamilton 3216 Tenancy Tribunal Case 4615553 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4615553 — net $7,319.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/4/2023 less bond and insurance payout	$1,756.00	Rent arrears to 25/4/2023 less bond and insurance payout
Repairs: to bedroom door	$550.00	Repairs: to bedroom door
Repairs: to bedroom walls	$440.00	Repairs: to bedroom walls
Repairs: to dining room walls	$870.00	Repairs: to dining room walls
Carpet replacement/repairs bedroom	$468.00	Carpet replacement/repairs bedroom
Carpet replacement/repair bedroom	$390.00	Carpet replacement/repair bedroom
Repairs: laundry bifold doors	$200.00	Repairs: laundry bifold doors
Replace garage door remote	$150.00	Replace garage door remote
Repairs to shower	$1,250.00	Repairs to shower
Repairs: wardrobe door	$555.00	Repairs: wardrobe door
Replace door handle bedroom 2	$120.00	Replace door handle bedroom 2
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs garage door/entrance	$550.00	Repairs garage door/entrance
Net award	$7,319.44
Total payable by Tenant to Landlord	$7,319.44

Both parties attended 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.

How much is owed for rent?

The tenancy ended on 25/4/2023, at which time the arrears were $7,406.00. Subsequently the bond has been refunded to the applicant and insurance has covered some of the arrears. The amount ordered is that outstanding.

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. The carpets were so badly stained in places that replacement was the only option.

The tenant did not return the garage door remote.

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 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: several walls and doors were badly damaged and the shower extensively damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claim for replacement of the laundry bifold doors is reduced as insufficient evidence was provided to prove the claim, except to the extent that the tenants took the doors down as a metal clip holding them was damaged.

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.

Claims and awards in Tenancy Tribunal application 4615553 — net $7,319.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/4/2023 less bond and insurance payout	$1,756.00	Rent arrears to 25/4/2023 less bond and insurance payout
Repairs: to bedroom door	$550.00	Repairs: to bedroom door
Repairs: to bedroom walls	$440.00	Repairs: to bedroom walls
Repairs: to dining room walls	$870.00	Repairs: to dining room walls
Carpet replacement/repairs bedroom	$468.00	Carpet replacement/repairs bedroom
Carpet replacement/repair bedroom	$390.00	Carpet replacement/repair bedroom
Repairs: laundry bifold doors	$200.00	Repairs: laundry bifold doors
Replace garage door remote	$150.00	Replace garage door remote
Repairs to shower	$1,250.00	Repairs to shower
Repairs: wardrobe door	$555.00	Repairs: wardrobe door
Replace door handle bedroom 2	$120.00	Replace door handle bedroom 2
Filing fee reimbursement	$20.44	Filing fee reimbursement
Repairs garage door/entrance	$550.00	Repairs garage door/entrance
Net award	$7,319.44
Total payable by Tenant to Landlord	$7,319.44

Order

Rochelle Jerry must pay Sujata Rege and Girish Rege $7,319.44 immediately, calculated as shown in table below. 2.

Reasons

Both parties attended 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.

How much is owed for rent?

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. The carpets were so badly stained in places that replacement was the only option.
The tenant did not return the garage door remote.
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 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: several walls and doors were badly damaged and the shower extensively damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claim for replacement of the laundry bifold doors is reduced as insufficient evidence was provided to prove the claim, except to the extent that the tenants took the doors down as a metal clip holding them was damaged.
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.

Tenancy Tribunal case 4615553 — Property damage at 18 Nottingham Drive, Hamilton East, Hamilton 3216

At a glance

Tenancy Tribunal case 4615553 — Property damage at 18 Nottingham Drive, Hamilton East, Hamilton 3216

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