What was Tenancy Tribunal case 4642869 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $592.69 immediately, calculated as

How much money was awarded in case 4642869?

Lawns and Garden Work: $644.00 awarded to landlord; Internal Doors: $500.00 awarded to landlord; Painting: $1,200.00 awarded to landlord; Property Damage: $380.39 awarded to landlord; Smoke Alarms: $108.30 awarded to landlord

What type of tenancy dispute was case 4642869?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4642869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9795102-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4642869 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $592.69 immediately, calculated as

How much money was awarded in case 4642869?

Lawns and Garden Work: $644.00 awarded to landlord; Internal Doors: $500.00 awarded to landlord; Painting: $1,200.00 awarded to landlord; Property Damage: $380.39 awarded to landlord; Smoke Alarms: $108.30 awarded to landlord

What type of tenancy dispute was case 4642869?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4642869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9795102-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4642869 — Property damage

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4642869 — net $592.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace smoke alarms	$108.30	Replace smoke alarms
Lawns and Garden work	$644.00	Lawns and Garden work
Repairs: Tree Replacement	$380.39	Repairs: Tree Replacement
Repairs: Internal Doors	$500.00	Repairs: Internal Doors
Repairs: Painting	$1,200.00	Repairs: Painting
Net award	$592.69
Total payable by Tenant to Landlord	$592.69

[The tenant/s] must pay [The landlord/s] $592.69 immediately, calculated as shown in table below. DescriptionLandlord Replace smoke alarms$108.30 Lawns and Garden work$644.00 Repairs: Tree Replacement$380.39 Repairs: Internal Doors$500.00 Repairs: Painting$1,200.00 Total award$2,832.69 Bond$2,240.00 Total payable by Tenant to Landlord$592.69

The Bond Centre is to pay the bond of $2,240.00 ([Bond number suppressed]) to [The landlord/s] immediately.

[Tenant 2] must pay [The landlord/s] $1,680.00 immediately, being rent in lieu of notice to 28 August 2023.

[The landlord/s] other claims are dismissed.

Reasons

All parties attended the hearing.

One of the tenants, [Tenant 1], applied for refund of the bond following the end of the tenancy. She also requested an order about an alleged breach of confidentiality following her withdrawal from the tenancy. At the hearing, [Tenant 1] clarified that she was seeking some form of financial award against the landlord.

The landlord applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Because of the background to these applications, I heard from each of the tenants separately. The tenants were not in the hearing room together but, with their consent, each tenant listened to the hearing by telephone from a separate hearing room at various stages of the landlord’s application.

[Tenant 2] did not participate in [Tenant 1’s] application against the landlord and was not in either hearing room while that application was heard. Background

The tenancy started in February 2023 and was for a fixed term until 23 February 2024. [The tenant/s] were joint tenants.

[Tenant 1] sent an email to the landlord on 18 July 2023. She advised that [Tenant 2] was moving out and asked for the tenancy to be amended, making her the sole tenant.

The landlord agreed to the variation. The landlord understood that the change had been agreed between the tenants. During an email exchange, it became apparent that [Tenant 2] may not have agreed to the change in tenancy. The landlord took advice and concluded that, unless [Tenant 2] also advised her that he wished to amend the tenancy, he remained a tenant. The landlord advised [Tenant 1] accordingly.

[Tenant 1] sent the landlord copies of documents from Family Court proceedings on 26 July 2023. The documents included a temporary protection order and a temporary occupation order. [Tenant 1] also advised that [Tenant 2] had left the property and agreed that he had no interest in the bond.

On 28 July 2023, [Tenant 1] served a notice of withdrawal from tenancy following family violence. See s56B Residential Tenancies Act 1986. The landlord replied to both tenants. The landlord said it did not accept [Tenant 1’s] withdrawal because [Tenant 2] had already moved out and [Tenant 1] had repeatedly asked to stay.

It is not clear whether the withdrawal documents were also included in the email reply from the landlord to both tenants on 28 July. The email chain provided in evidence shows the documents attached to [Tenant 1’s] initial email, but not to the landlord’s email to both parties. Other than the notice of withdrawal from the tenancy, [Tenant 2] had received the documents from the Family Court before the landlord replied to [Tenant 1’s] email.

The landlord then took advice and understood that [Tenant 1] could withdraw from the tenancy. Given that [Tenant 2] had already moved from the property, the landlords treated the joint tenancy at an end from 1 August 2023, but have sought payment of rent in lieu of notice. They have not rented the property to new tenants. The landlord also claims compensation for damage caused during the tenancy, and exemplary damages. Withdrawal from Tenancy following Family Violence

A tenant who experiences family violence during a tenancy can remove themselves from the tenancy by giving the landlord at least 2 days’ written notice in the approved form (with qualifying evidence of family violence). This applies to both fixed-term and periodic tenancy agreements. See s56B RTA.

Landlords must treat the withdrawal notice and the supporting evidence as confidential (s556E(1) RTA). They can only disclose the notice or evidence in specified circumstances. See s56E(2) RTA. It is an unlawful act for a landlord to disclose the notice of withdrawal and supporting documentation in any other circumstances. See s56E(3) RTA.

A tenant who is withdrawing will no longer be responsible for rent under the tenancy once the notice period ends (which must be a minimum of two days). Tenants are subject to their tenancy obligations until the last day of the withdrawal notice period. They can leave right away for safety but will need to pay rent until the end of the notice period.

If the person experiencing family violence is the only tenant, the tenancy will end. The normal end of tenancy requirements will apply.

If there are remaining tenants, the tenancy continues. The amount of rent payable by the remaining tenants is reduced for 14 days following the withdrawal. Landlords must use the formula included in the legislation for adjusting the rent payable for this period. After 14 days, the rent will return to the normal rent payable, as per the tenancy agreement. See s56B RTA. Analysis - [Tenant 1’s] Application

[Tenant 1] asked for an order for breach of confidentiality following her withdrawal from the tenancy. At the hearing, she said wanted some form of financial award against the landlord.

The Tribunal may make orders for compensation and exemplary damages. See s78 RTA. Compensation is awarded for actual losses arising from a proven breach of the other party’s obligations. Compensation may also be awarded for less tangible effects of established breaches such as loss of enjoyment or amenity of the tenancy. See Tenants v Singh [2022] NZTT 4315225 for the approach to quantifying compensation for “general damages”.

Exemplary damages may be awarded, at the Tribunal’s discretion, where a party establishes that the other has intentionally committed an “unlawful act” as defined by the RTA. See s109 and schedule 1A RTA. Exemplary damages are intended to punish or deter. See Auckland City Council v Blundell [1986] NZLR 732; Birch v Otautahi Community Housing Trust [2020] NZDC 17667

Confidentiality is a significant feature of the family violence withdrawal framework. Breaches by a landlord may have serious consequences. The landlord acknowledged that she should not have sent the email on 28 July without taking advice.

[Tenant 1] proved that the landlord disclosed her intention to withdraw from the tenancy to [Tenant 2]. She did not establish that the landlord had breached confidence by sending [Tenant 2] copies of documents to him. Even if the documents were attached to the landlord’s email, [Tenant 2] already had copies of them, and the landlord was aware of that.

[Tenant 1] did not give evidence of any consequences flowing from the landlord’s email of 28 July 2023. She did not establish any loss because of the landlord’s email. Her evidence did not provide grounds for the Tribunal to consider an award of general damages.

The landlord acknowledged the importance of the family violence withdrawal provisions but was confused by the situation and the negotiations around [Tenant 1’s] intention to stay at the property. I am satisfied that the landlord did not intentionally breach confidentiality. There is no basis for me to consider exemplary damages.

The tenant’s claim in relation to breach of confidentiality is dismissed. The Bond

I have amended the application to include a claim for failing to lodge the bond on time. This was not included in [Tenant 1’s] application but was raised at the hearing. The landlord was aware that it was an issue and provided evidence in response.

It is common ground that the bond was not lodged within 23 working days. See s19 RTA. The landlord realised the error, advised the tenant, and lodged the bond immediately. The landlord provided medical evidence which explained her oversight on receipt of the bond.

There is no basis for a claim for exemplary damages for late bond lodgement. The claim is dismissed. Landlord Claim – Rent

[Tenant 1’s] tenancy ended on 1 August 2023. Rent was up to date at the end of her tenancy.

[Tenant 2] had already left the property by 1 August 2023, but remained a tenant. The landlord has treated the tenancy at an end from 1 August but claimed full rent for 4 weeks in lieu of notice.

I find that [Tenant 2] is liable for rent during the notice period, but at a reduced rate. Applying the calculation in s56B RTA, rent payable to 28 August 2023 is $1,680.00. Landlord’s Claim’s – Compensation

Both tenants are jointly liable for the condition of the property at the end of the tenancy on 1 August 2023 and for any established breaches up until that date. The landlord sought compensation and/or exemplary damages for a range of alleged breaches of the tenants’ obligations.

The landlord has the onus of proving these claims to the required standard, on the balance of probabilities. The landlord must prove that it is more likely than not that the tenant has breached its obligations and that the landlord has suffered the loss claimed because of that breach.

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 landlord had claims for cleaning and carpet cleaning but did not provide the evidence necessary to establish those claims, either in terms of liability or loss suffered. The claims are dismissed.

The landlord had to replace smoke alarms at the end of the tenancy. The parties disagreed over whether smoke alarms were provided at the start of the tenancy and how and when they were removed. I am satisfied that they were present at the start of the tenancy and that it is more likely than not that they were removed by the tenants. I have awarded the cost of replacement smoke alarms.

The landlord also claimed exemplary damages for removal of smoke alarms. The evidence did not establish that the tenant had intentionally removed the alarms, or that an award of exemplary damages is appropriate.

The landlord had claims for alleged damage caused during the tenancy.

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.

The landlord’s evidence was not as fulsome as it should have been. The landlord established that the lawns were damaged during the tenancy, a tree was removed and that some interior ceiling and door damage occurred. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord provided quotes and invoices for work to be done. I have awarded the amounts claimed for the lawns and tree replacement. I have apportioned the claims for door and paint damage to reflect the damage proved by the landlord.

The landlord did not establish that other damaged occurred during the tenancy or that it has or will incur the cost of repair. The other damage claims are dismissed.

Finally, the landlord claimed that the tenant had operated a business from the premises. There was no cogent evidence in support of that claim. It is dismissed.

Having regard to the respective degrees of success of the parties, I have not awarded reimbursement of either filing fee.

As these applications included claims in relation to family violence withdrawal, I have ordered suppression of all parties’ names and identifying details.

Order

Claims and awards in Tenancy Tribunal application 4642869 — net $592.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace smoke alarms	$108.30	Replace smoke alarms
Lawns and Garden work	$644.00	Lawns and Garden work
Repairs: Tree Replacement	$380.39	Repairs: Tree Replacement
Repairs: Internal Doors	$500.00	Repairs: Internal Doors
Repairs: Painting	$1,200.00	Repairs: Painting
Net award	$592.69
Total payable by Tenant to Landlord	$592.69