What was Tenancy Tribunal case 4629050 about?

The tribunal order states: Justin Peka and Krisharn Thompson must pay [The landlord/s] $1,080.77

How much money was awarded in case 4629050?

Filing Fee: $20.44 awarded to landlord; Heat Pump Remote: $51.75 awarded to landlord; Pest Control: $207.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Rubbish Removal: $805.00 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord

What type of tenancy dispute was case 4629050?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4629050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9566889-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4629050 about?

The tribunal order states: Justin Peka and Krisharn Thompson must pay [The landlord/s] $1,080.77

How much money was awarded in case 4629050?

Filing Fee: $20.44 awarded to landlord; Heat Pump Remote: $51.75 awarded to landlord; Pest Control: $207.00 awarded to landlord; Property Damage: $207.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Rubbish Removal: $805.00 awarded to landlord; Rubbish Removal: $517.50 awarded to landlord

What type of tenancy dispute was case 4629050?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4629050?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9566889-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4629050 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4629050 — net $1,080.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning & rubbish removal (labour	$805.00	Cleaning & rubbish removal (labour
Rubbish removal – skip bin hire	$517.50	Rubbish removal – skip bin hire
Repairs to door & kitchen drawer, removal of structure	$207.00	Repairs to door & kitchen drawer, removal of structure
Heat pump remote	$51.75	Heat pump remote
Repairs to walls: painting	$172.50	Repairs to walls: painting
Pest control	$207.00	Pest control
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,080.77
Total payable by Tenant to Landlord	$1,080.77

Only the landlord, represented by [The landlord/s representative], attended the hearing. The tenants were notified but did not attend, and the hearing proceeded in their absence.

The landlord has applied for compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

This tenancy ended on 30 June 2023, as noted in the Tribunal order dated 11 July 2023. In this order, the landlord was awarded rent arrears and the filing fee, which was paid from the bond of $2,560.00, leaving a balance of $900.42, which is held at the Bond Centre.

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) of the Residential Tenancies Act 1986 (the RTA).

The landlord has established, with photographic, documentary and oral evidence, that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The heat pump remote was missing at the end of the tenancy and had to be replaced. The landlord also had to arrange for pest control due to the presence of insects and rodents. An invoice for these costs has been provided.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to the back door, kitchen drawer, walls and for removal of a structure built by the tenants to enclose the carport.

To be successful with the claim, 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 of the 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). 1 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). 2 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 3

The landlord has insurance for tenant damage and the insurance excess is $750.00. The rent is $640.00 per week.

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. 4 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.

I am satisfied that the claimed damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has provided photographic and oral evidence at the hearing in support of this claim. The landlord has also produced an invoice for the repair costs. The amounts ordered are proved.

In ordering the above amounts, 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. Filing fee and suppression

Because the landlord has been successful, the tenant is to pay the landlord’s filing fee. The landlord’s request for name suppression is also granted.

Claims and awards in Tenancy Tribunal application 4629050 — net $1,080.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning & rubbish removal (labour	$805.00	Cleaning & rubbish removal (labour
Rubbish removal – skip bin hire	$517.50	Rubbish removal – skip bin hire
Repairs to door & kitchen drawer, removal of structure	$207.00	Repairs to door & kitchen drawer, removal of structure
Heat pump remote	$51.75	Heat pump remote
Repairs to walls: painting	$172.50	Repairs to walls: painting
Pest control	$207.00	Pest control
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,080.77
Total payable by Tenant to Landlord	$1,080.77

Order

Justin Peka and Krisharn Thompson must pay [The landlord/s] $1,080.77 immediately, calculated as shown in the table below.
The Bond Centre is to pay the balance of the bond of $900.42 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Only the landlord, represented by [The landlord/s representative], attended the hearing. The tenants were notified but did not attend, and the hearing proceeded in their absence.
The landlord has applied for compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

This tenancy ended on 30 June 2023, as noted in the Tribunal order dated 11 July 2023. In this order, the landlord was awarded rent arrears and the filing fee, which was paid from the bond of $2,560.00, leaving a balance of $900.42, which is held at the Bond Centre.
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) of the Residential Tenancies Act 1986 (the RTA).
The landlord has established, with photographic, documentary and oral evidence, that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The heat pump remote was missing at the end of the tenancy and had to be replaced. The landlord also had to arrange for pest control due to the presence of insects and rodents. An invoice for these costs has been provided.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to the back door, kitchen drawer, walls and for removal of a structure built by the tenants to enclose the carport.
To be successful with the claim, 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 of the 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). 1 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). 2 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 3
The landlord has insurance for tenant damage and the insurance excess is $750.00. The rent is $640.00 per week.
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. 4 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.
I am satisfied that the claimed damage was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has provided photographic and oral evidence at the hearing in support of this claim. The landlord has also produced an invoice for the repair costs. The amounts ordered are proved.
In ordering the above amounts, 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. Filing fee and suppression
Because the landlord has been successful, the tenant is to pay the landlord’s filing fee. The landlord’s request for name suppression is also granted.

Tenancy Tribunal case 4629050 — Property damage

At a glance

Tenancy Tribunal case 4629050 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

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

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