What was Tenancy Tribunal case 4623575 about?

The tribunal order states: Lily Anderson must pay [The landlord/s] $18,694.51 immediately, calculated as

How much money was awarded in case 4623575?

Curtains: $2,595.12 awarded to landlord; Previous Order Application 4623575 D…: $14,933.56 awarded to landlord; Plumbing: $1,165.83 awarded to landlord

Where can I read the official tribunal order for case 4623575?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10094236-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4623575 about?

The tribunal order states: Lily Anderson must pay [The landlord/s] $18,694.51 immediately, calculated as

How much money was awarded in case 4623575?

Curtains: $2,595.12 awarded to landlord; Previous Order Application 4623575 D…: $14,933.56 awarded to landlord; Plumbing: $1,165.83 awarded to landlord

Where can I read the official tribunal order for case 4623575?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10094236-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4623575 — Leaks

Reasons

Claims and awards in Tenancy Tribunal application 4623575 — net $18,694.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4623575 dated 24/11/2023	$14,933.56	Tribunal made an order relating to this tenancy. The tenant was ordered to pay $14,933.56.
Repairs: Plumbing	$1,165.83	aims have already been dealt with by the Tribunal. The tenant is ordered to pay $1,165.83.
Curtains	$2,595.12	rtains at the house had been at least 5 years old. The tenant is ordered to pay $2,595.12.
Net award	$18,694.51
Total payable by Tenant to Landlord	$18,694.51

The landlord attended the hearing.

Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.

This a rehearing of two matters contained in an earlier order of the Tribunal. In particular, they relate to plumbing and curtain replacement.

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.

Damage was caused during the tenancy. The evidence of the landlord, the nature of the damage itself and the photos provided, make it clear that the damage was caused intentionally. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord said that the tenant or associates had ripped out the taps in the bathroom, bath, basin, laundry and kitchen. The hot water cylinder had been removed. The extent of the damage was such that the plumbing at the house had to be redone. The claim for plumbing relates solely to invoice 6493 for $1,457.29 as other plumbing claims have already been dealt with by the Tribunal. The tenant is ordered to pay $1,165.83.

The landlord claims $4,325.20 for replacement curtains. The tenant has either removed or damaged the remaining curtains beyond repair. The photos provided confirm the landlords evidence at the hearing. The curtains and tracks have had to be replaced throughout the house. The landlord said that the curtains at the house had been at least 5 years old. The tenant is ordered to pay $2,595.12.

The amounts ordered are proved.

In setting the amount of compensation 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.

On the Tribunal made an order relating to this tenancy. The tenant was ordered to pay $14,933.56. The previous order is incorporated into this order for enforcement purposes.

The landlord has applied for name suppression. The landlord has been substantially successful in this matter and suppression of the landlord name and details is ordered.

Claims and awards in Tenancy Tribunal application 4623575 — net $18,694.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4623575 dated 24/11/2023	$14,933.56	Tribunal made an order relating to this tenancy. The tenant was ordered to pay $14,933.56.
Repairs: Plumbing	$1,165.83	aims have already been dealt with by the Tribunal. The tenant is ordered to pay $1,165.83.
Curtains	$2,595.12	rtains at the house had been at least 5 years old. The tenant is ordered to pay $2,595.12.
Net award	$18,694.51
Total payable by Tenant to Landlord	$18,694.51

Order

Lily Anderson must pay [The landlord/s] $18,694.51 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 24 November 2023 under application 4623575.

Reasons

The landlord attended the hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.
This a rehearing of two matters contained in an earlier order of the Tribunal. In particular, they relate to plumbing and curtain replacement.

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.
Damage was caused during the tenancy. The evidence of the landlord, the nature of the damage itself and the photos provided, make it clear that the damage was caused intentionally. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord said that the tenant or associates had ripped out the taps in the bathroom, bath, basin, laundry and kitchen. The hot water cylinder had been removed. The extent of the damage was such that the plumbing at the house had to be redone. The claim for plumbing relates solely to invoice 6493 for $1,457.29 as other plumbing claims have already been dealt with by the Tribunal. The tenant is ordered to pay $1,165.83.
The landlord claims $4,325.20 for replacement curtains. The tenant has either removed or damaged the remaining curtains beyond repair. The photos provided confirm the landlords evidence at the hearing. The curtains and tracks have had to be replaced throughout the house. The landlord said that the curtains at the house had been at least 5 years old. The tenant is ordered to pay $2,595.12.
The amounts ordered are proved.
In setting the amount of compensation 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.
On the Tribunal made an order relating to this tenancy. The tenant was ordered to pay $14,933.56. The previous order is incorporated into this order for enforcement purposes.
The landlord has applied for name suppression. The landlord has been substantially successful in this matter and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4623575 — Leaks

At a glance

Tenancy Tribunal case 4623575 — Leaks

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions