What was Tenancy Tribunal case 4636697 about?

The tribunal order states: [The tenant/s] must pay Csi Property Management Limited - As Agent For Quq

How much money was awarded in case 4636697?

Filing Fee: $20.44 awarded to landlord; Rent: $1,101.33 awarded to landlord; Walls and Doors: $4,087.10 awarded to landlord; Water Rates: $722.67 awarded to landlord

What type of tenancy dispute was case 4636697?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4636697?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9631310-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4636697 about?

The tribunal order states: [The tenant/s] must pay Csi Property Management Limited - As Agent For Quq

How much money was awarded in case 4636697?

Filing Fee: $20.44 awarded to landlord; Rent: $1,101.33 awarded to landlord; Walls and Doors: $4,087.10 awarded to landlord; Water Rates: $722.67 awarded to landlord

What type of tenancy dispute was case 4636697?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4636697?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9631310-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4636697 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4636697 — net $3,451.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 1 July 2023	$1,101.33	Rent to 1 July 2023
Repairs to walls and doors	$4,087.10	Repairs to walls and doors
Water rates	$722.67	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,451.54
Total payable by Tenant to Landlord	$3,451.54

Both parties attended the hearing this afternoon.

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 and water?

The landlord said the tenancy ended on 9 July 2023, pursuant to a notice withdrawing from the tenancy for family violence. Rent arrears of $1,189.90 were claimed.

The withdrawal notice was sent by Women’s Refuge on the tenant’s behalf by email on 29 June 2023. The tenant had left the tenancy address on 27 May 2023 and gone to the Police, and from there to the Refuge. The tenant says the following week she asked the Refuge to send notice to end her tenancy.

Pursuant to section 56B of the Residential Tenancies Act 1986 (the Act) the tenant only had to give 2 days’ notice of withdrawal. It is unclear why the notice gave 7 days’ notice, while at same time, correctly reciting that only 2 days’ notice needed to be given. I have awarded rent to 1 July 2023, being 2 days after service of the withdrawal notice.

The landlord provided water invoices and a water summary showing that water charges of $722.67 were due at the end of the tenancy. The tenant said an agent of the landlord had left a tap on for 2 days, but I cannot identify any obvious spike in the water charges. I have awarded the amount claimed for water.

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 (section 41 of the Act).

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 3 weeks' rent (or 4 weeks' market rent in the case of a tenant paying income- related rent).

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent (or market 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 (section 49B).

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 (Guo v Korck [2019] NZHC 1541).

There was damage to various internal doors and walls of the property during the tenancy. The size and force of the holes indicates that the damage was intentional. The tenant did not cause the damage. Her former partner did. Under our current tenancy laws however, the tenant is legally responsible for the damage.

The tenant said the damage in the living room was caused by a leaking roof, which she had reported to the landlord. I have deducted $69.00 for this damage. Filing fee and name suppression

The landlord’s application has been largely successful. I award the filing fee.

The Tribunal has a discretion to award suppression, which I exercise in the tenant’s favour (section 95A(4)). Quite properly, the landlord did not object and did not seek suppression for themselves.

The tenant said she felt MSD were responsible for the arrears. Her benefit stopped when she had to apply for a sole person’s support benefit. When benefit payments were resumed, the arrears were not paid. Both the arrears and the damage arose in circumstances where, in my view at least, the tenant was legally but not morally responsible. The tenant also expressed concern about how publication of the order would affect her in future, and said she was currently effectively homeless. The tenant’s interests outweigh the public interest in open justice.

Claims and awards in Tenancy Tribunal application 4636697 — net $3,451.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 1 July 2023	$1,101.33	Rent to 1 July 2023
Repairs to walls and doors	$4,087.10	Repairs to walls and doors
Water rates	$722.67	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,451.54
Total payable by Tenant to Landlord	$3,451.54

Order

[The tenant/s] must pay Csi Property Management Limited - As Agent For Quq Construction Limited, Hong Qu $3,451.54 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing this afternoon.
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 and water?

The landlord said the tenancy ended on 9 July 2023, pursuant to a notice withdrawing from the tenancy for family violence. Rent arrears of $1,189.90 were claimed.
The withdrawal notice was sent by Women’s Refuge on the tenant’s behalf by email on 29 June 2023. The tenant had left the tenancy address on 27 May 2023 and gone to the Police, and from there to the Refuge. The tenant says the following week she asked the Refuge to send notice to end her tenancy.
Pursuant to section 56B of the Residential Tenancies Act 1986 (the Act) the tenant only had to give 2 days’ notice of withdrawal. It is unclear why the notice gave 7 days’ notice, while at same time, correctly reciting that only 2 days’ notice needed to be given. I have awarded rent to 1 July 2023, being 2 days after service of the withdrawal notice.
The landlord provided water invoices and a water summary showing that water charges of $722.67 were due at the end of the tenancy. The tenant said an agent of the landlord had left a tap on for 2 days, but I cannot identify any obvious spike in the water charges. I have awarded the amount claimed for water.

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 (section 41 of the Act).
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 3 weeks' rent (or 4 weeks' market rent in the case of a tenant paying income- related rent).
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent (or market 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 (section 49B).
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 (Guo v Korck [2019] NZHC 1541).
There was damage to various internal doors and walls of the property during the tenancy. The size and force of the holes indicates that the damage was intentional. The tenant did not cause the damage. Her former partner did. Under our current tenancy laws however, the tenant is legally responsible for the damage.
The tenant said the damage in the living room was caused by a leaking roof, which she had reported to the landlord. I have deducted $69.00 for this damage. Filing fee and name suppression
The landlord’s application has been largely successful. I award the filing fee.
The Tribunal has a discretion to award suppression, which I exercise in the tenant’s favour (section 95A(4)). Quite properly, the landlord did not object and did not seek suppression for themselves.
The tenant said she felt MSD were responsible for the arrears. Her benefit stopped when she had to apply for a sole person’s support benefit. When benefit payments were resumed, the arrears were not paid. Both the arrears and the damage arose in circumstances where, in my view at least, the tenant was legally but not morally responsible. The tenant also expressed concern about how publication of the order would affect her in future, and said she was currently effectively homeless. The tenant’s interests outweigh the public interest in open justice.

Tenancy Tribunal case 4636697 — Property damage

At a glance

Tenancy Tribunal case 4636697 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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 and water?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions