What was Tenancy Tribunal case 4654871 about?

The tribunal order states: Andrew Michael Edwards, Audrey Iusitini and Leuatea Iusitini must pay [The

How much money was awarded in case 4654871?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $9,690.00 awarded to landlord; Property Damage: $6,000.00 awarded to landlord; Water Rates: $271.19 awarded to landlord

What type of tenancy dispute was case 4654871?

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

Where can I read the official tribunal order for case 4654871?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10710695-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4654871 about?

The tribunal order states: Andrew Michael Edwards, Audrey Iusitini and Leuatea Iusitini must pay [The

How much money was awarded in case 4654871?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $9,690.00 awarded to landlord; Property Damage: $6,000.00 awarded to landlord; Water Rates: $271.19 awarded to landlord

What type of tenancy dispute was case 4654871?

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

Where can I read the official tribunal order for case 4654871?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10710695-Tribunal_Order_Redacted.pdf.

305 Murphys Road, Flat Bush, Auckland 2019 Tenancy Tribunal Case 4654871 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4654871 — net $15,981.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 October 2023	$9,690.00	Rent arrears to 23 October 2023
Repairs: Intentional damage - insurance excess	$6,000.00	Repairs: Intentional damage - insurance excess
Water rates	$271.19	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,981.63
Total payable by Tenant to Landlord	$15,981.63

[The landlord/s] attended the hearing. The tenants did not attend but I am satisfied that they have been served as per the orders of the Tribunal.

Mr Leuatea Iusitini was included as a tenant in these proceedings. He is not listed on the tenancy agreement as a tenant and there was no documentation to show that he ever agreed to be included in the tenancy agreement as a tenant. Accordingly, he is not liable for the any of the claims against him.

The tenancy was terminated by order of the Tribunal on the 12 September 2023. The tenants or their invitees remained in possession of the property until the 23 October (this is evidenced by correspondence between the parties and photographs). Tenants remain liable for rent even after a tenancy is terminated if they remain in possession of the property (see s60 RTA). Accordingly, I have calculated the rent owed to 23 October 2023.

How much does the tenant owe for rent and water?

The landlord provided rent records and water rates which prove the amount owing at the end of the tenancy.

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.

The following damage was caused during the tenancy: • Extensive staining on the carpet throughout the house. The nature and extent of the staining allows me to conclude that no care was taken by the tenants to avoid spills onto the carpet. I regard the nature of the damage to be intentional as it is clear that the tenant has continued to cause spills on the carpet, without cleaning those up knowing that the carpet would become damaged. Whilst the carpet was 10 years old, I have seen pictured of the property taken at the beginning of the tenancy that show the carpet is in excellent condition with no staining. • Multiple door handles broken and cracks in door, at least one door needed to be replaced. Almost all the handles needed replacement. It appears that the handles have been pulled from the doors. • Scribbling on the walls in the stairwell. • Damage to a light fitting- caused by something being wrapped around the light fitting – as evidenced in property inspection reports. • Damage to the oven- the stats of the oven meant that the oven had to be replaced. • Damage to the insinkerator- needed replacement. • Holes in the wall and the ceiling. • Damage to wardrobe rails. • Damage that is more than wear and tear to the paint work in various rooms, including gouges. • The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. • Damage to the ceiling in the garage.

The damage is more than fair wear and tear and I consider that most of the damage is intentional rather than careless.

The landlord had the repairs completed and claimed insurance from his insurers. The landlord seeks the cost of the insurance excess. I have reviewed the insurance assessors report and I consider the tenant to be liable for almost all of the damage detailed in the report. I consider the global award of $6000.00 to be an appropriate amount when after considering the age of the items. The property was in very good condition at the beginning of the tenancy. The tenants left it in a very poor condition.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee and I grant him name suppression as requested.

Reasons

Claims and awards in Tenancy Tribunal application 4654871 — net $15,981.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 October 2023	$9,690.00	Rent arrears to 23 October 2023
Repairs: Intentional damage - insurance excess	$6,000.00	Repairs: Intentional damage - insurance excess
Water rates	$271.19	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$15,981.63
Total payable by Tenant to Landlord	$15,981.63

[The landlord/s] attended the hearing. The tenants did not attend but I am satisfied that they have been served as per the orders of the Tribunal.

How much does the tenant owe for rent and water?

The landlord provided rent records and water rates which prove the amount owing at the end of the tenancy.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear and I consider that most of the damage is intentional rather than careless.

Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee and I grant him name suppression as requested.

Tenancy Tribunal case 4654871 — Rent arrears at 305 Murphys Road, Flat Bush, Auckland 2019

At a glance

Tenancy Tribunal case 4654871 — Rent arrears at 305 Murphys Road, Flat Bush, Auckland 2019

At a glance

Award balance

Claims & awards

Order

Reasons

How much does the tenant owe 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 does the tenant owe 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