What was Tenancy Tribunal case 4619510 about?

The tribunal order states: Trinity Trinity Reece and Elefterious Charles Tzanes must pay [The landlord/s]

How much money was awarded in case 4619510?

Blinds: $565.22 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $480.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $382.14 awarded to landlord; Rubbish Removal: $650.00 awarded to landlord

What type of tenancy dispute was case 4619510?

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

Where can I read the official tribunal order for case 4619510?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9648375-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4619510 about?

The tribunal order states: Trinity Trinity Reece and Elefterious Charles Tzanes must pay [The landlord/s]

How much money was awarded in case 4619510?

Blinds: $565.22 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $480.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rent Arrears: $382.14 awarded to landlord; Rubbish Removal: $650.00 awarded to landlord

What type of tenancy dispute was case 4619510?

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

Where can I read the official tribunal order for case 4619510?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9648375-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4619510 — Property damage

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New Zealand Tenancy Tribunal Case 4619510 — 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 4619510 — net $417.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$382.14	Rent arrears
Bathroom wall damage	$480.00	Bathroom wall damage
Blinds	$565.22	Blinds
Window repairs	$400.00	Window repairs
Rubbish removal	$650.00	Rubbish removal
Filing fee	$20.44	Filing fee
Net award	$417.80
Total payable by Tenant to Landlord	$417.80

Claims and awards for application 4619510 — net $417.80 NZD. Verify on MoJ.

Rent arrears

Amount: $382.14
Awarded to: Landlord
Reason: Rent arrears

Bathroom wall damage

Amount: $480.00
Awarded to: Landlord
Reason: Bathroom wall damage

Blinds

Amount: $565.22
Awarded to: Landlord
Reason: Blinds

Window repairs

Amount: $400.00
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $650.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Trinity Trinity Reece and Elefterious Charles Tzanes must pay [The landlord/s] $397.36 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. DescriptionLandlord Rent arrears$382.14 Bathroom wall damage$480.00 Blinds$565.22 Window repairs$400.00 Rubbish removal Filing fee $650.00 $20.44 Total award$2,497.80 Minus bond$2,080.00 Total payable by Tenant to Landlord$417.80

Reasons

The Tribunal must consider an application filed by the landlord seeking compensation for damage to the premises and missing goods.
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy has not gone smoothly, and the landlords position is that the tenant has damaged the premises and stolen goods. Rent was in arrears.
The tenancy was terminated by order of the Tribunal dated 1 August 2023.
Possession has returned to the landlord, but the landlord now seeks further orders from the Tribunal.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears.
I accept that the tenants owe 5 days of rent arrears at the end of the tenancy, which is $382.14. This claim is established in full.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
In this case the landlord has claimed for rubbish removal. The photographs taken at the end of the tenancy show extensive rubbish left on the premises. This claim is reasonable given the extent of the rubbish on the premises, so is ordered in full.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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.
Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.
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.
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 the High Court decision of Guo v Korck [2019] NZHC 1541. Damage to walls in bathroom
The photographs show holes in the wall lining of the bathroom. This is not fair wear and tear. The tenant has not proven the damage is not careless or intentional damage. This claim is established and ordered in full. Damage to blinds
The evidence is that the blinds in the premises were damaged during the tenancy, and all blinds required replacement. I accept the damage is not fair wear and tear, and the tenants has not proven the damage was not fair wear and tear. I must however apply a depreciation. The landlord confirmed the blinds were in good condition at the start of the tenancy, and I have no reason not to accept that. I consider it would be fair that the tenants pay half the blind replacement cost. Heat pump compensation
The landlord states that he had stored heat pumps in a neighbouring property, that the landlord considers had been stolen by the tenant or associates. Further the landlord provided photographs of graffiti to the neighbouring house (which he also owns) and damage to a fence, which he says the tenants accepted they caused. As I advised the landlord, the Tribunal can only consider claims in relation to the rental premises, I cannot make any order in relation to damage or missing goods at a neighbouring house. Broken window
The landlord has claimed compensation for a broken window, which the landlord says the tenants accepted liability for. I have no reason to believe the window was not broken during the tenancy. It would be unlikely to be fair wear and tear, and again the tenants have not disproven that it was not careless or intentional damage. This claim is ordered in full.

FILING FEE

The applicant has been mostly successful in their claim before the Tribunal. I find it is reasonable therefore to award the filing fee paid to commence the proceeding in the Tribunal, which is $20.44.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has been substantially successful, so landlord name suppression is ordered.

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 4619510 — net $417.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$382.14	Rent arrears
Bathroom wall damage	$480.00	Bathroom wall damage
Blinds	$565.22	Blinds
Window repairs	$400.00	Window repairs
Rubbish removal	$650.00	Rubbish removal
Filing fee	$20.44	Filing fee
Net award	$417.80
Total payable by Tenant to Landlord	$417.80

Claims and awards for application 4619510 — net $417.80 NZD. Verify on MoJ.

Rent arrears

Amount: $382.14
Awarded to: Landlord
Reason: Rent arrears

Bathroom wall damage

Amount: $480.00
Awarded to: Landlord
Reason: Bathroom wall damage

Blinds

Amount: $565.22
Awarded to: Landlord
Reason: Blinds

Window repairs

Amount: $400.00
Awarded to: Landlord
Reason: Window repairs

Rubbish removal

Amount: $650.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal

Order

Trinity Trinity Reece and Elefterious Charles Tzanes must pay [The landlord/s] $397.36 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. DescriptionLandlord Rent arrears$382.14 Bathroom wall damage$480.00 Blinds$565.22 Window repairs$400.00 Rubbish removal Filing fee $650.00 $20.44 Total award$2,497.80 Minus bond$2,080.00 Total payable by Tenant to Landlord$417.80

Reasons

The Tribunal must consider an application filed by the landlord seeking compensation for damage to the premises and missing goods.
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy has not gone smoothly, and the landlords position is that the tenant has damaged the premises and stolen goods. Rent was in arrears.
The tenancy was terminated by order of the Tribunal dated 1 August 2023.
Possession has returned to the landlord, but the landlord now seeks further orders from the Tribunal.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears.
I accept that the tenants owe 5 days of rent arrears at the end of the tenancy, which is $382.14. This claim is established in full.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
In this case the landlord has claimed for rubbish removal. The photographs taken at the end of the tenancy show extensive rubbish left on the premises. This claim is reasonable given the extent of the rubbish on the premises, so is ordered in full.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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.
Where the damage is caused carelessly, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.
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.
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 the High Court decision of Guo v Korck [2019] NZHC 1541. Damage to walls in bathroom
The photographs show holes in the wall lining of the bathroom. This is not fair wear and tear. The tenant has not proven the damage is not careless or intentional damage. This claim is established and ordered in full. Damage to blinds
The evidence is that the blinds in the premises were damaged during the tenancy, and all blinds required replacement. I accept the damage is not fair wear and tear, and the tenants has not proven the damage was not fair wear and tear. I must however apply a depreciation. The landlord confirmed the blinds were in good condition at the start of the tenancy, and I have no reason not to accept that. I consider it would be fair that the tenants pay half the blind replacement cost. Heat pump compensation
The landlord states that he had stored heat pumps in a neighbouring property, that the landlord considers had been stolen by the tenant or associates. Further the landlord provided photographs of graffiti to the neighbouring house (which he also owns) and damage to a fence, which he says the tenants accepted they caused. As I advised the landlord, the Tribunal can only consider claims in relation to the rental premises, I cannot make any order in relation to damage or missing goods at a neighbouring house. Broken window
The landlord has claimed compensation for a broken window, which the landlord says the tenants accepted liability for. I have no reason to believe the window was not broken during the tenancy. It would be unlikely to be fair wear and tear, and again the tenants have not disproven that it was not careless or intentional damage. This claim is ordered in full.

FILING FEE

The applicant has been mostly successful in their claim before the Tribunal. I find it is reasonable therefore to award the filing fee paid to commence the proceeding in the Tribunal, which is $20.44.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has been substantially successful, so landlord name suppression is ordered.

Tenancy Tribunal case 4619510 — Property damage

At a glance

Tenancy Tribunal case 4619510 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

FILING FEE

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

FILING FEE

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions