What was Tenancy Tribunal case 4648191 about?

The tribunal order states: Ava Asola must pay [The landlord/s] $45,953.53 immediately, calculated as

How much money was awarded in case 4648191?

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 4648191?

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

Where can I read the official tribunal order for case 4648191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9746689-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4648191 about?

The tribunal order states: Ava Asola must pay [The landlord/s] $45,953.53 immediately, calculated as

How much money was awarded in case 4648191?

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 4648191?

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

Where can I read the official tribunal order for case 4648191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9746689-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4648191 — Property damage

Order

Ava Asola must pay [The landlord/s] $45,953.53 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, but the other party did not attend the hearing. The absence of a party does not prevent the hearing from proceeding.
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 July 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.
On the evidence produced by the landlord, I am satisfied the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
This was a brand new house and the tenant was the first to enter the rental property (the tenancy agreement starting on 8 October 2022). The property was left in a deplorable state at the end of the tenancy. There were many damages throughout the property. Essentially, all walls, most windows and door frames have patterns of sharp object dents, black, green, and red stain marks, and scratch marks. The walls and ceilings through-out the property have dents, stain marks or punch holes. Other damages during the tenancy include: flooring chipped, cabinetry knife marks, pin holes throughout, stains on the carpet, wall lining on both sides of the stairs damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord reduced the rent from $750 to $695 for the new tenants from 4 August 2023 due to the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation and consider it does not apply here as the property was brand new at the start.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Order

Ava Asola must pay [The landlord/s] $45,953.53 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, but the other party did not attend the hearing. The absence of a party does not prevent the hearing from proceeding.
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 July 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.
On the evidence produced by the landlord, I am satisfied the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
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.
This was a brand new house and the tenant was the first to enter the rental property (the tenancy agreement starting on 8 October 2022). The property was left in a deplorable state at the end of the tenancy. There were many damages throughout the property. Essentially, all walls, most windows and door frames have patterns of sharp object dents, black, green, and red stain marks, and scratch marks. The walls and ceilings through-out the property have dents, stain marks or punch holes. Other damages during the tenancy include: flooring chipped, cabinetry knife marks, pin holes throughout, stains on the carpet, wall lining on both sides of the stairs damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord reduced the rent from $750 to $695 for the new tenants from 4 August 2023 due to the damage.
The amounts ordered are proved.
I have taken into account betterment and depreciation and consider it does not apply here as the property was brand new at the start.
As the landlord has wholly succeeded with the claim, I must order the other party to reimburse the filing fee and grant suppression of the landlord’s name and identifying details.

Tenancy Tribunal case 4648191 — Property damage

Tenancy Tribunal case 4648191 — 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?