What was Tenancy Tribunal case 4637830 about?

The tribunal order states: The Tribunal orders suppression of one of the tenant’s name and identifying

How much money was awarded in case 4637830?

Cleaning: $30.00 awarded to landlord; Cleaning: $225.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $235.00 awarded to landlord; Property Damage: $615.83 awarded to landlord; Rubbish Removal: $781.75 awarded to landlord

What type of tenancy dispute was case 4637830?

The primary dispute was Exemplary damages. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4637830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9380130-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4637830 about?

The tribunal order states: The Tribunal orders suppression of one of the tenant’s name and identifying

How much money was awarded in case 4637830?

Cleaning: $30.00 awarded to landlord; Cleaning: $225.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $235.00 awarded to landlord; Property Damage: $615.83 awarded to landlord; Rubbish Removal: $781.75 awarded to landlord

What type of tenancy dispute was case 4637830?

The primary dispute was Exemplary damages. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4637830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9380130-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4637830 — Exemplary damages

Claims and awards in Tenancy Tribunal application 4637830 — net $1,548.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$235.00	Lock/key replacement
Cleaning	$225.00	Cleaning
Carpet Cleaning	$30.00	Carpet Cleaning
heater repairs	$615.83	heater repairs
Rubbish removal	$781.75	Rubbish removal
Exemplary damages	$1,000.00	Exemplary damages
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,548.02
Total payable by Tenant to Landlord	$1,548.02

Order

The Tribunal orders suppression of one of the tenant’s name and identifying details.
[The tenant/s] must pay Southland Real Estate $1,548.02 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 24 July 2023 under application 4565511.

Reasons

[The tenant/s] failed to attend the hearing.
By way of background the tenancy agreement is in joint names and the parties were in a relationship.
Due to domestic violence one of the tenants moved out. She notified the landlord at the time. She requested her name be removed from the agreement.
This issue has been canvased in previous Tenancy Tribunal hearings and I am bound by those decisions and will not repeat the details other than to say that the possession was granted to the landlord following the hearing on the 19 June 2023. On the 24July 2023 the Tribunal made a further order for rent arrears against one of the tenants. The tenant that had remained at the property.
On the basis of the details of that decision, and by consent of the other tenant, whom I have granted name suppression, and who has engaged throughout this process, I am ordering a refund of the amount of the bond in full and the balance of the cost are against the remining tenant.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys. One tenant did. The remaining tenant remined in the property for some time after the first tenant vacated and the landlord was aware through the property manager that she wished to be removed from the tenancy.
The amounts ordered are proved. Under the circumstances it is appropriate that the award of costs is against the tenant who remained at the home.

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: The heater required repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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 24 July 2023 the Tribunal made an order relating to this tenancy, for rent arrears to 19 June 2023. The previous order is incorporated into this order for enforcement purposes.
The landlord claims the tenant abandoned the premises.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations.
A tenant commits an unlawful act if they abandon the premises when the rent is in arrears. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.
The tenant clearly abandoned the property. When the landlord arrived for a property inspection, they found the house had been abandoned. I find therefore the remaining tenant committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Because Southland Real Estate has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4637830 — net $1,548.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$235.00	Lock/key replacement
Cleaning	$225.00	Cleaning
Carpet Cleaning	$30.00	Carpet Cleaning
heater repairs	$615.83	heater repairs
Rubbish removal	$781.75	Rubbish removal
Exemplary damages	$1,000.00	Exemplary damages
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,548.02
Total payable by Tenant to Landlord	$1,548.02

Order

The Tribunal orders suppression of one of the tenant’s name and identifying details.
[The tenant/s] must pay Southland Real Estate $1,548.02 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 24 July 2023 under application 4565511.

Reasons

[The tenant/s] failed to attend the hearing.
By way of background the tenancy agreement is in joint names and the parties were in a relationship.
Due to domestic violence one of the tenants moved out. She notified the landlord at the time. She requested her name be removed from the agreement.
This issue has been canvased in previous Tenancy Tribunal hearings and I am bound by those decisions and will not repeat the details other than to say that the possession was granted to the landlord following the hearing on the 19 June 2023. On the 24July 2023 the Tribunal made a further order for rent arrears against one of the tenants. The tenant that had remained at the property.
On the basis of the details of that decision, and by consent of the other tenant, whom I have granted name suppression, and who has engaged throughout this process, I am ordering a refund of the amount of the bond in full and the balance of the cost are against the remining tenant.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys. One tenant did. The remaining tenant remined in the property for some time after the first tenant vacated and the landlord was aware through the property manager that she wished to be removed from the tenancy.
The amounts ordered are proved. Under the circumstances it is appropriate that the award of costs is against the tenant who remained at the home.

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: The heater required repair. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
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 24 July 2023 the Tribunal made an order relating to this tenancy, for rent arrears to 19 June 2023. The previous order is incorporated into this order for enforcement purposes.
The landlord claims the tenant abandoned the premises.
A tenancy is abandoned where the tenant leaves the premises without reasonable excuse and fails to notify the landlord, not intending to return or to meet their obligations.
A tenant commits an unlawful act if they abandon the premises when the rent is in arrears. Exemplary damages may be awarded up to a maximum of $1,500.00. See section 61(5) and Schedule 1A Residential Tenancies Act 1986.
The tenant clearly abandoned the property. When the landlord arrived for a property inspection, they found the house had been abandoned. I find therefore the remaining tenant committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
Because Southland Real Estate has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4637830 — Exemplary damages

At a glance

Tenancy Tribunal case 4637830 — Exemplary damages

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