What was Tenancy Tribunal case 4630969 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4630969?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4630969?

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

Where can I read the official tribunal order for case 4630969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9341351-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4630969 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4630969?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 4630969?

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

Where can I read the official tribunal order for case 4630969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9341351-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4630969 — Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Grace McGrannachan and Jesse Whitiora must [The landlord/s] $5,001.50 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$1,504.28 Repairs: walls/doors/paint$2,875.00 Cleaning: inc. carpet and rubbish removal$1,230.00 Repairs: plumbing$120.75 Repairs: heat pump removal$330.63 Lawns and Garden work$620.00 Lock/key replacement: inc. repairs to electronic lock$640.40 Filing fee reimbursement$20.44 Total award$7,341.50 Bond-$2,340.00 Total payable by Tenant to Landlord$5,001.50
The bond has been returned to the landlord, so is included in the calculations above for transparency, but no order is required.

Reasons

Only the landlord attended the hearing, which was held by teleconference. Calls were placed to the tenants’ cellphones. The person who answered one call denied being the tenant. The other call went unanswered.
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 11 June 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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.
Having heard the evidence and seen the photographs provided, I am satisfied the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys, and there was damage to the electric lock.
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 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.
The following damage was caused during the tenancy: a. Multiple holes in walls and doors. b. Removal of tenant plumbing. c. Removal of extra heat pump unit.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Grace McGrannachan and Jesse Whitiora must [The landlord/s] $5,001.50 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$1,504.28 Repairs: walls/doors/paint$2,875.00 Cleaning: inc. carpet and rubbish removal$1,230.00 Repairs: plumbing$120.75 Repairs: heat pump removal$330.63 Lawns and Garden work$620.00 Lock/key replacement: inc. repairs to electronic lock$640.40 Filing fee reimbursement$20.44 Total award$7,341.50 Bond-$2,340.00 Total payable by Tenant to Landlord$5,001.50
The bond has been returned to the landlord, so is included in the calculations above for transparency, but no order is required.

Reasons

Only the landlord attended the hearing, which was held by teleconference. Calls were placed to the tenants’ cellphones. The person who answered one call denied being the tenant. The other call went unanswered.
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 11 June 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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.
Having heard the evidence and seen the photographs provided, I am satisfied the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The tenant did not return the keys, and there was damage to the electric lock.
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 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.
The following damage was caused during the tenancy: a. Multiple holes in walls and doors. b. Removal of tenant plumbing. c. Removal of extra heat pump unit.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4630969 — Property damage

Tenancy Tribunal case 4630969 — Property damage

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?

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?