What was Tenancy Tribunal case 4665116 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $7,448.60 immediately, calculated as

How much money was awarded in case 4665116?

Filing Fee: $20.44 awarded to landlord; Property Damage: $10.80 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $742.00 awarded to landlord; Bedroom 2 - Walls & Door: $750.00 awarded to landlord; Bedroom 3 – Walls & Door: $750.00 awarded to landlord; Bedroom 4 - Walls, Door: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Exterior Walls: $750.00 awarded to landlord; family & dining room - window and wa…: $750.00 awarded to landlord; Hallway Walls: $750.00 awarded to landlord; laundry - walls, replace light fitti…: $750.00 awarded to landlord; master bedroom - walls, windows & do…: $750.00 awarded to landlord; Rumpus - Glass And Walls: $750.00 awarded to landlord; Study - Walls: $750.00 awarded to landlord; upstairs living room – walls & windo…: $750.00 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord; Water Rates: $250.36 awarded to landlord

What type of tenancy dispute was case 4665116?

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

Where can I read the official tribunal order for case 4665116?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10167716-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4665116 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $7,448.60 immediately, calculated as

How much money was awarded in case 4665116?

Filing Fee: $20.44 awarded to landlord; Property Damage: $10.80 awarded to landlord; Property Damage: $650.00 awarded to landlord; Rent Arrears: $742.00 awarded to landlord; Bedroom 2 - Walls & Door: $750.00 awarded to landlord; Bedroom 3 – Walls & Door: $750.00 awarded to landlord; Bedroom 4 - Walls, Door: $750.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Exterior Walls: $750.00 awarded to landlord; family & dining room - window and wa…: $750.00 awarded to landlord; Hallway Walls: $750.00 awarded to landlord; laundry - walls, replace light fitti…: $750.00 awarded to landlord; master bedroom - walls, windows & do…: $750.00 awarded to landlord; Rumpus - Glass And Walls: $750.00 awarded to landlord; Study - Walls: $750.00 awarded to landlord; upstairs living room – walls & windo…: $750.00 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord; Water Rates: $250.36 awarded to landlord

What type of tenancy dispute was case 4665116?

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

Where can I read the official tribunal order for case 4665116?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10167716-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4665116 — Property damage

Tenantcheck Insights

Claims and awards in Tenancy Tribunal application 4665116 — net $7,448.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21.6.2023	$742.00	Rent arrears to 21.6.2023
Water rates	$250.36	Water rates
Replacement key	$10.80	Replacement key
Lock change and key replacement	$650.00	Lock change and key replacement
Rubbish removal	$575.00	Rubbish removal
Repairs: hallway walls	$750.00	Repairs: hallway walls
Repairs: upstairs living room – walls & window	$750.00	Repairs: upstairs living room – walls & window
Repairs: study - walls	$750.00	Repairs: study - walls
Repairs: family & dining room - window and walls	$750.00	Repairs: family & dining room - window and walls
Repairs: master bedroom - walls, windows & door	$750.00	Repairs: master bedroom - walls, windows & door
Repairs: bedroom 2 - walls & door	$750.00	Repairs: bedroom 2 - walls & door
Repairs: bedroom 3 – walls & door	$750.00	Repairs: bedroom 2 - walls & door
Repairs: rumpus - glass and walls	$750.00	Repairs: rumpus - glass and walls
Repairs: bedroom 4 - walls, door	$750.00	Repairs: bedroom 2 - walls & door
Repairs: laundry - walls, replace light fitting	$750.00	Repairs: laundry - walls, replace light fitting
Repairs: entrance door replacement	$750.00	Repairs: entrance door replacement
Repairs: exterior walls	$750.00	Repairs: exterior walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,448.60
Total payable by Tenant to Landlord	$7,448.60

Claims and awards in Tenancy Tribunal application 4665116 — net $7,448.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 21.6.2023

$742.00

Rent arrears to 21.6.2023

Water rates

$250.36

Water rates

Replacement key

$10.80

Replacement key

Lock change and key replacement

$650.00

Lock change and key replacement

Rubbish removal

$575.00

Rubbish removal

Repairs: hallway walls

$750.00

Repairs: hallway walls

Repairs: upstairs living room – walls & window

$750.00

Repairs: upstairs living room – walls & window

Repairs: study - walls

$750.00

Repairs: study - walls

Repairs: family & dining room - window and walls

$750.00

Repairs: family & dining room - window and walls

Repairs: master bedroom - walls, windows & door

$750.00

Repairs: master bedroom - walls, windows & door

Repairs: bedroom 2 - walls & door

$750.00

Repairs: bedroom 2 - walls & door

Repairs: bedroom 3 – walls & door

$750.00

Repairs: bedroom 2 - walls & door

Repairs: rumpus - glass and walls

$750.00

Repairs: rumpus - glass and walls

Repairs: bedroom 4 - walls, door

$750.00

Repairs: bedroom 2 - walls & door

Repairs: laundry - walls, replace light fitting

$750.00

Repairs: laundry - walls, replace light fitting

Repairs: entrance door replacement

$750.00

Repairs: entrance door replacement

Repairs: exterior walls

$750.00

Repairs: exterior walls

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$7,448.60

Total payable by Tenant to Landlord

$7,448.60

Reasons

The landlord, represented by [The landlord’s representative], attended the hearing. There was no appearance by the tenant. The start of the hearing was delayed, giving the tenant additional time to appear, and the matter was called again. The tenant still did not appear. As the tenant was notified, the hearing proceeded in her absence.

This is the second part of a hearing held on 5 December 2023. The first hearing was adjourned part-heard so the tenant could provide further evidence and written comment concerning the rent arrears, and have the opportunity to view the additional evidence produced by the landlord at that hearing.

In my order following this hearing, a timetable was set out for the exchange of evidence and written comments. The landlord sent in further evidence as directed. However, there was no further evidence or submissions from the tenant.

An order by consent was issued for the removal of the tenant’s belongings from the property.

A further direction concerning the re-hearing of other applications involving the parties (applications 4420001 and 4504411) was made. The re-hearing was adjourned and was to be scheduled before another adjudicator. Background

As noted in the earlier order, this tenancy began on 29 May 2021 and ended on 21 June 2023.

The landlord has applied for rent arrears, water rates, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy. This is application number 4665116.

The re-hearing of applications 4420001 and 4504411 has since been heard and determined by Adjudicator Morgan. In terms of the landlord application, the Tribunal has found that the landlord’s rent summary showed that on 27 March 2023, the tenant owed the landlord rent of $3,162.00. As payments were made and credits applied since then, no order for payment was made. The Tribunal also dismissed the tenant’s application for alleged breaches of landlord obligations.

How much is owed for rent and water rates?

This tenancy ended on 21 June 2023. Both parties agree on the date the tenancy ended.

The landlord provided rent records in support of the claim for rent arrears, and has confirmed this to be accurate. At the first hearing, the tenant stated she disputed the rent arrears and believed some payments were missing from the landlord’s rent records. The first hearing was adjourned part-heard, giving the tenant the opportunity to provide further evidence and written comments concerning the rent arrears. In the first order it was noted: The tenant has been given the opportunity to further consider the rent summary and provide her own evidence in support of her view that she was up to date on her rent payments. The tenant did not send in any additional information following this hearing.

The landlord’s rent summary records the payment of rent from the start of the tenancy to the end. The rent summary provides details regarding the rent due for the relevant period, the amounts paid, and the quantum of arrears. The Tribunal has previously accepted the landlord’s rent summary as showing the rent payable up to 27 March 2023. Credits were subsequently noted, and the tenant made ongoing payments. The rent summary shows that the balance due, at the end of the tenancy, is $742.00. For these reasons, I am satisfied that the landlord has established the amount owing at the end of the tenancy, which is awarded above.

The landlord has also produced water rates invoices which prove the amount owing for water charges. In any event, as recorded in the previous order, the tenant accepted the water charges sought by the landlord, so this is awarded above.

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) of the Residential Tenancies Act 1986 (the RTA).

The landlord has established, with photographic evidence, that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The relevant invoice for rubbish removal costs has been produced. The amount sought is awarded above.

During the tenancy the tenant lost the keys, and these had to be replaced, at the cost of $10.80.

Following the eviction process, the landlord had to change the locks and keys. The landlord explained that there were eight exterior doors to the house and the locks to these doors had to be changed. The invoice has been provided in support, which records that eight door locks had to be replaced. The amount of $650.00, as sought, is awarded above. General principles regarding responsibility for damage

The landlord claims compensation for damage. To be successful, the 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 of the RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. 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.

In this case the landlord has insurance, and has advised that the excess is $750.00. The rent for the premises is $930.00 per week.

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) of the 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) of the 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) of the 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. Findings regarding responsibility for damage

From the photographic, oral and documentary evidence produced by the landlord (including invoices for repairs), I am satisfied that the damage to the following areas of the premises was caused during the tenancy: • Hallway: damage to walls and ceiling. The tenant had tried to remedy the damage, but this had resulted in different paint colours on the walls. The actual cost to repair the damage was $2,807.32. The landlord seeks the insurance excess of $750.00. • Upstairs living room: damage to walls and window. The walls were damaged, the tenant had tried to remedy this damage and attempted to patch up the walls, without the landlord’s permission. The paint colours did not match, and the work had to be re-done. There was also damage to the glass in the living room window. The actual cost to repair the wall damage was $1,880.81 and the glass repair cost was $351.64. The landlord seeks the insurance excess of $750.00. • Study: wall damage. The landlord states the walls were originally wallpapered and painted over, and there was damage to the wallpaper, so it had to be removed. The tenant had also painted over the wallpaper using a different paint colour. The actual cost of the repair work was $6,514.43. The landlord seeks the insurance excess of $750.00. • Family and dining room: wall and window damage. The windows were cracked, and the walls were damaged and re-painted by the tenant. The actual cost of the wall repairs was $2,610.52, and the window repairs cost $673.96 and $494.24. The landlord seeks the insurance excess of $750.00. • Master bedroom: walls, windows and door. There was damage to the walls, which the tenant had attempted to repair. The landlord described nails on the window frame, mismatched touch up paint on the walls, and damage to glass in four windows (two large and two small). The remedial cost was $6,717.51 for the walls (scaffolding was also required to carry out this work), $1,078.33 for the windows, and $305.00 for the doors. The landlord seeks the insurance excess of $750.00. • Bedroom 2: walls and door. The walls and door had to be repainted, due to the tenant’s attempts at repair/repainting, and the cost was $1,745.00. The landlord seeks the insurance excess of $750.00. • Bedroom 3: walls and door lock. The landlord’s evidence is that the door was damaged and had to be replaced ($243.62) and the walls repainted ($1,655.75). The landlord seeks the insurance excess of $750.00. • Rumpus: walls, skirting board and glass. The landlord has explained that paint and plastering was required, at a cost of $3,043.20. The glass repair cost was $239.64 to remove and replace a glass panel. The landlord seeks the insurance excess of $750.00. • Bedroom 4: walls and door. There was damage to multiple walls, which the tenant had repainted, and the door. The repair cost was $2,208.75. The landlord seeks the insurance excess of $750.00. • Laundry: the tenant had repainted this room in a different colour to the original. Painting and gib stopping was required, and a pendant light had to be replaced. The cost of this work was $2,751.32. The landlord seeks the insurance excess of $750.00. • Entrance door: the landlord states this door was kicked and damaged, and had to be replaced. The cedar door could not be repaired, as it was broken in half. The lock was also damaged. The cost was $2,215.53. The landlord seeks the insurance excess of $750.00. • Exterior wall damage: the landlord states the tenant had fixed a temporary fence and damaged the exterior stucco wall. The repair cost was $8,553.54. The landlord seeks the insurance excess of $750.00.

The evidence produced by the landlord shows that the above damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Accordingly, the amounts ordered are proved.

In ordering the above amounts I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The landlord has explained that the owner had purchased the premises in September 2017. The house had just been newly painted (by the previous owner). The tenant moved into the premises in May 2021, and the walls were in good condition. The landlord’s inspection report completed on 31 May 2021, at the start of the tenancy, supports this submission. Filing fee

Because the landlord has been successful with the application, the tenant is to pay the landlord’s filing fee. Name suppression

An application for suppression has been made in this case by the tenant. While noting that the tenant is the unsuccessful party, due to the individual circumstances in this case, the tenant’s interests outweigh the public interest in the tenant being identified. Therefore, the Tribunal, orders suppression of the Tenant/Landlord name and identifying details.

Claims and awards in Tenancy Tribunal application 4665116 — net $7,448.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21.6.2023	$742.00	Rent arrears to 21.6.2023
Water rates	$250.36	Water rates
Replacement key	$10.80	Replacement key
Lock change and key replacement	$650.00	Lock change and key replacement
Rubbish removal	$575.00	Rubbish removal
Repairs: hallway walls	$750.00	Repairs: hallway walls
Repairs: upstairs living room – walls & window	$750.00	Repairs: upstairs living room – walls & window
Repairs: study - walls	$750.00	Repairs: study - walls
Repairs: family & dining room - window and walls	$750.00	Repairs: family & dining room - window and walls
Repairs: master bedroom - walls, windows & door	$750.00	Repairs: master bedroom - walls, windows & door
Repairs: bedroom 2 - walls & door	$750.00	Repairs: bedroom 2 - walls & door
Repairs: bedroom 3 – walls & door	$750.00	Repairs: bedroom 2 - walls & door
Repairs: rumpus - glass and walls	$750.00	Repairs: rumpus - glass and walls
Repairs: bedroom 4 - walls, door	$750.00	Repairs: bedroom 2 - walls & door
Repairs: laundry - walls, replace light fitting	$750.00	Repairs: laundry - walls, replace light fitting
Repairs: entrance door replacement	$750.00	Repairs: entrance door replacement
Repairs: exterior walls	$750.00	Repairs: exterior walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,448.60
Total payable by Tenant to Landlord	$7,448.60

Claims and awards in Tenancy Tribunal application 4665116 — net $7,448.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Rent arrears to 21.6.2023

$742.00

Rent arrears to 21.6.2023

Water rates

$250.36

Water rates

Replacement key

$10.80

Replacement key

Lock change and key replacement

$650.00

Lock change and key replacement

Rubbish removal

$575.00

Rubbish removal

Repairs: hallway walls

$750.00

Repairs: hallway walls

Repairs: upstairs living room – walls & window

$750.00

Repairs: upstairs living room – walls & window

Repairs: study - walls

$750.00

Repairs: study - walls

Repairs: family & dining room - window and walls

$750.00

Repairs: family & dining room - window and walls

Repairs: master bedroom - walls, windows & door

$750.00

Repairs: master bedroom - walls, windows & door

Repairs: bedroom 2 - walls & door

$750.00

Repairs: bedroom 2 - walls & door

Repairs: bedroom 3 – walls & door

$750.00

Repairs: bedroom 2 - walls & door

Repairs: rumpus - glass and walls

$750.00

Repairs: rumpus - glass and walls

Repairs: bedroom 4 - walls, door

$750.00

Repairs: bedroom 2 - walls & door

Repairs: laundry - walls, replace light fitting

$750.00

Repairs: laundry - walls, replace light fitting

Repairs: entrance door replacement

$750.00

Repairs: entrance door replacement

Repairs: exterior walls

$750.00

Repairs: exterior walls

Filing fee reimbursement

$20.44

Filing fee reimbursement

Net award

$7,448.60

Total payable by Tenant to Landlord

$7,448.60

Reasons

An order by consent was issued for the removal of the tenant’s belongings from the property.

As noted in the earlier order, this tenancy began on 29 May 2021 and ended on 21 June 2023.

The landlord has applied for rent arrears, water rates, compensation, payment from the bond, and reimbursement of the filing fee following the end of the tenancy. This is application number 4665116.

How much is owed for rent and water rates?

This tenancy ended on 21 June 2023. Both parties agree on the date the tenancy ended.

Did the tenant comply with their obligations at the end of the tenancy?

During the tenancy the tenant lost the keys, and these had to be replaced, at the cost of $10.80.

In this case the landlord has insurance, and has advised that the excess is $750.00. The rent for the premises is $930.00 per week.

Because the landlord has been successful with the application, the tenant is to pay the landlord’s filing fee. Name suppression

Tenancy Tribunal case 4665116 — Property damage

At a glance

Tenancy Tribunal case 4665116 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions