What was the outcome of Tenancy Tribunal case 4653070?

The tribunal order states: Kiana Durie-Harford must pay Property Brokers Limited As Agent For T Taru

How much money was awarded in case 4653070?

Filing Fee: $20.44 awarded to landlord; Property Damage: $205.28 awarded to landlord; Property Damage: $958.17 awarded to landlord; Rent Arrears: $347.98 awarded to landlord; Replace Two Curtain Rails And One Se…: $235.75 awarded to landlord; Rubbish Removal: $1,656.00 awarded to landlord

What type of tenancy dispute was case 4653070?

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

Where can I read the official tribunal order for case 4653070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9647324-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4653070?

The tribunal order states: Kiana Durie-Harford must pay Property Brokers Limited As Agent For T Taru

How much money was awarded in case 4653070?

Filing Fee: $20.44 awarded to landlord; Property Damage: $205.28 awarded to landlord; Property Damage: $958.17 awarded to landlord; Rent Arrears: $347.98 awarded to landlord; Replace Two Curtain Rails And One Se…: $235.75 awarded to landlord; Rubbish Removal: $1,656.00 awarded to landlord

What type of tenancy dispute was case 4653070?

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

Where can I read the official tribunal order for case 4653070?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9647324-Tenancy_Tribunal_Order.pdf.

24 Phillips Street, Sanson, Sanson 4817 Tenancy Tribunal Case 4653070 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4653070 — net $1,503.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 6 September 2023	$347.98	Rent arrears as at 6 September 2023
Repair of kitchen cupboard and bathroom vanity doors	$205.28	Repair of kitchen cupboard and bathroom vanity doors
Replace two curtain rails and one set of curtains	$235.75	Replace two curtain rails and one set of curtains
Cleaning, carpet cleaning, and rubbish removal	$1,656.00	Cleaning, carpet cleaning, and rubbish removal
Lock/key replacement and repair	$958.17	Lock/key replacement and repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,503.62
Total payable by Tenant to Landlord	$1,503.62

This order ought to be read together with my order dated 10 October 2023.

This application was scheduled to be heard by teleconference. I rang the number provided for the tenant twice and on both occasions my call went to voicemail. The hearing proceeded in her absence.

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 6 September 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy - $347.98.

Did the tenant comply with her 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.

I accept the photographs provided as evidence that the tenant had not cleaned the premises when she left, the carpets were stained and there was a considerable amount of rubbish left behind.

I also accept that the tenant was evicted, did not return any keys and that therefore the locks/keys needed to be replaced. The replacement of the locks also included repair of some cylinders which had been damaged.

The amounts ordered are proved by invoices.

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 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.

I accept that the following damage was caused during the tenancy: • A kitchen cupboard door and a bathroom vanity door were broken and off their hinges; and • Curtain rails in both the kitchen/lounge and a bedroom were damaged and needed replacing; and • The curtains in the lounge/kitchen were damaged and needed replacing.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I am satisfied that the tenant ought to pay the cost of remedying these issues because even if the damage was careless, and not intentional, and even if the damage was covered by the landlord’s insurance, the excess payable for these claims is more than the actual cost of repair.

The amounts ordered are proved by invoices. Filing fee reimbursement

Further to the above, because Property Brokers Limited As Agent For T Taru has wholly succeeded with the claim I must order the tenant to reimburse them the filing fee. C ter Haar 15 November 2023

Claims and awards in Tenancy Tribunal application 4653070 — net $1,503.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at 6 September 2023	$347.98	Rent arrears as at 6 September 2023
Repair of kitchen cupboard and bathroom vanity doors	$205.28	Repair of kitchen cupboard and bathroom vanity doors
Replace two curtain rails and one set of curtains	$235.75	Replace two curtain rails and one set of curtains
Cleaning, carpet cleaning, and rubbish removal	$1,656.00	Cleaning, carpet cleaning, and rubbish removal
Lock/key replacement and repair	$958.17	Lock/key replacement and repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,503.62
Total payable by Tenant to Landlord	$1,503.62

Order

Kiana Durie-Harford must pay Property Brokers Limited As Agent For T Taru $1,503.62 immediately, calculated as shown in table below.

Reasons

This order ought to be read together with my order dated 10 October 2023.
This application was scheduled to be heard by teleconference. I rang the number provided for the tenant twice and on both occasions my call went to voicemail. The hearing proceeded in her absence.
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 6 September 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy - $347.98.

Did the tenant comply with her 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.
I accept the photographs provided as evidence that the tenant had not cleaned the premises when she left, the carpets were stained and there was a considerable amount of rubbish left behind.
I also accept that the tenant was evicted, did not return any keys and that therefore the locks/keys needed to be replaced. The replacement of the locks also included repair of some cylinders which had been damaged.
The amounts ordered are proved by invoices.

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 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.
I accept that the following damage was caused during the tenancy: • A kitchen cupboard door and a bathroom vanity door were broken and off their hinges; and • Curtain rails in both the kitchen/lounge and a bedroom were damaged and needed replacing; and • The curtains in the lounge/kitchen were damaged and needed replacing.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I am satisfied that the tenant ought to pay the cost of remedying these issues because even if the damage was careless, and not intentional, and even if the damage was covered by the landlord’s insurance, the excess payable for these claims is more than the actual cost of repair.
The amounts ordered are proved by invoices. Filing fee reimbursement
Further to the above, because Property Brokers Limited As Agent For T Taru has wholly succeeded with the claim I must order the tenant to reimburse them the filing fee. C ter Haar 15 November 2023

Tenancy Tribunal case 4653070 — Property damage at 24 Phillips Street, Sanson, Sanson 4817

At a glance

Tenancy Tribunal case 4653070 — Property damage at 24 Phillips Street, Sanson, Sanson 4817

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with her 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

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with her 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

Property management

Frequently asked questions