What was Tenancy Tribunal case 4657731 about?

The tribunal order states: Tyler Ross Kania must pay [The landlord/s] $12,263.75 immediately, calculated

How much money was awarded in case 4657731?

Break Fee: $1,265.00 awarded to landlord; Cleaning: $180.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $8,347.98 awarded to landlord; Property Damage: $967.00 awarded to landlord; Rent: $827.83 awarded to landlord; Rubbish Removal: $655.50 awarded to landlord

What type of tenancy dispute was case 4657731?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4657731?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9591197-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4657731 about?

The tribunal order states: Tyler Ross Kania must pay [The landlord/s] $12,263.75 immediately, calculated

How much money was awarded in case 4657731?

Break Fee: $1,265.00 awarded to landlord; Cleaning: $180.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $8,347.98 awarded to landlord; Property Damage: $967.00 awarded to landlord; Rent: $827.83 awarded to landlord; Rubbish Removal: $655.50 awarded to landlord

What type of tenancy dispute was case 4657731?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4657731?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9591197-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4657731 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4657731 — net $12,263.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 24 May 2023	$827.83	Rent to 24 May 2023
Break fee	$1,265.00	Break fee
Repairs to walls	$8,347.98	Repairs to walls
Lock/key replacement	$967.00	Lock/key replacement
Rubbish removal	$655.50	Rubbish removal
Cleaning outside patio pavers	$180.00	Cleaning outside patio pavers
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,263.75
Total payable by Tenant to Landlord	$12,263.75

The landlord attended the hearing this morning. There was no appearance by the tenant.

The parties agreed to a fixed term tenancy from 9 December 2022 to 15 January 2024.

After about 6 months the tenant stopped paying rent. The last payment was made on 20 July 2023. The landlord discovered that the tenant had abandoned the property which had been left unsecured. The landlord now has possession.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee. Rent arrears

The landlord was able to re-let the property from 25 August 2023. The tenant is liable under the fixed-term tenancy for rent to 24 August 2023, in the sum of $827.83. The bond has already been applied to rent and water arrears leaving this sum as the balance. Rubbish removal, cleaning, keys

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.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. Personal items including clothing were left in the lounge and kitchen, dining area and elsewhere. Food was left in the kitchen. The costs claimed are reasonable.

The outside pavers in the porch area were dirty at the end of the tenancy and had to be cleaned. While this could be seen as being part of the landlord’s maintenance obligation, the area is really an extension of the indoor living space. It would not have been difficult for the tenants to have mopped the area to keep it clean. I award the cost of washing the pavers.

The tenant did not return the keys. These had to be replaced to secure the property, including the garage remotes (which accounts for the higher cost). Break fee

The landlord claimed a break fee of $1,265.00 based on an itemised account which has been sent to the tenant. The landlord did not consent to the tenant parting with possession, so these expenses cannot be recovered under section 44A of the Residential Tenancies Act 1986.

Rather, the costs are damages resulting from the tenant’s breach of the contractual fixed term. The landlord incurred costs readvertising the property and administering the start of a new tenancy, expenses they would not have incurred if the tenant had complied with the contract. I award the expenses claimed. 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.

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 4 weeks' rent. This was an upmarket property with 4 bedrooms and a study, attracting a weekly rent of $1,100.00.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent. I was told that there was no responsive insurance cover.

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.

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 (Guo v Korck [2019] NZHC 1541).

There was some minor careless damage to the walls of the property, but the main issue is that the tenants had drawn on the walls in the dining area and bedroom 2. The writing is clearly that of an adult and may relate to their business interests. The tenant’s children had also been permitted to put many painted handprints on the walls of bedroom 1. The landlord said about 4 rooms were affected. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The property was brand new when the tenant moved in, and they were the first people to live there. It is not appropriate to apply a discount for depreciation. Filing fee and name suppression

The landlord’s application has been successful. I award the filing fee.

Suppression is granted to the landlord as requested.

Reasons

Claims and awards in Tenancy Tribunal application 4657731 — net $12,263.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 24 May 2023	$827.83	Rent to 24 May 2023
Break fee	$1,265.00	Break fee
Repairs to walls	$8,347.98	Repairs to walls
Lock/key replacement	$967.00	Lock/key replacement
Rubbish removal	$655.50	Rubbish removal
Cleaning outside patio pavers	$180.00	Cleaning outside patio pavers
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$12,263.75
Total payable by Tenant to Landlord	$12,263.75