How much money was awarded in case 4666911?

Bailiff'S Fees: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $650.50 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Water Rates: $89.38 awarded to landlord

What type of tenancy dispute was case 4666911?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4666911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9733153-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4666911?

Bailiff'S Fees: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $650.50 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Water Rates: $89.38 awarded to landlord

What type of tenancy dispute was case 4666911?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4666911?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9733153-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4666911 — Property damage

Q: What was Tenancy Tribunal case 4666911 about?

The tribunal order states: The landlord’s name and identifying details including the exact tenancy address

Order

Claims and awards in Tenancy Tribunal application 4666911 — net $3,000.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$89.38	Water rates
Lock/key replacement	$650.50	Lock/key replacement
Bailiff's fees	$200.00	Bailiff's fees
Insurance excess for damaged main door	$2,500.00	Insurance excess for damaged main door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,000.36
Total payable by Tenant to Landlord	$3,000.36

The landlord’s name and identifying details including the exact tenancy address must not be published.

Alethea Skye Shackleton must [the landlord] $3,000.36 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $459.96 ([Bond number suppressed]) to [the landlord] immediately. DescriptionLandlord Water rates$89.38 Lock/key replacement$650.50 Bailiff's fees$200.00 Insurance excess for damaged main door$2,500.00 Filing fee reimbursement$20.44 Total award$3,460.32 Bond$459.96 Total payable by Tenant to Landlord$3,000.36

Reasons

The [property manager from the landlord’s agent] attended the hearing for the landlord’s agent.

The tenant did not attend. The hearing proceeded in the tenant’s absence.

The landlord has applied for water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background

This decision follows on from the Tribunal’s earlier decision of 22 June 2023 in which the Tribunal ordered the tenant to compensate the landlord for damage to an oven door and a television. 1

In that case the learned adjudicator summarised the situation as follows:

The landlord has provided the Tribunal with detailed photographs of the property and a property inspection report pre-let to the tenant. The landlord has also provided the Tribunal with photographs from 25 May 2023, of the extensive damage caused throughout the entire apartment since the tenancy began.

The photographs of damage to the property were taken by the property manager on 25 May 2023 during a routine inspection. Every wall in the apartment had been smashed, punched in and gouges taken out. The television set that was hanging on the wall is smashed and the screen totally shattered. The glass oven door in the kitchen is smashed.

The damage is severe and encompass the entire apartment.

In this application, the landlord’s claim is focussed on its liability to the body corporate for the destruction of the apartment building’s main door, for which the landlord had to pay $2,500.00 to compensate the body corporate for its insurer’s excess. How much is owed for water rates and the bailiffs’ fees?

The landlord provided water rates invoices which prove the amount owing for water at the end of the tenancy.

The tenant did not comply with the Tribunal’s termination order. The landlord had to instruct the bailiffs to take back possession. The landlord had to pay the bailiffs a fee of $200.00. 1 [Landlord] v Alethea Skye Shackleton [2023] NZTT 4590189.

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

At the end of the tenancy the tenant must return all keys and security devices. 2

The tenant did not return the keys.

It cost the landlord $650.50 to remedy the situation.

The amount ordered is 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. 3

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. 4

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.

During the tenancy, the tenant, or persons at the premises with the tenant’s permission damaged the apartment building’s front door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The landlord had to pay the body corporate’s insurer’s excess of $2,500.00. The tenant must reimburse the landlord for that loss. Filing fee

Because the landlord has succeeded in its claim, the Tribunal orders the tenant to reimburse the landlord for the filing fee. 2 See Residential Tenancies Act 1986 (RTA), s40(1)(e). 3 RTA, ss 40(2)(a), 41, and 49B. 4 RTA, s 49B(1). Non-publication

The landlord applies for non-publication of their name and identifying details.

Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

I do not consider that publication is in the public interest or is justified because of the landlord’s conduct or any other circumstances of the case.

Claims and awards in Tenancy Tribunal application 4666911 — net $3,000.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$89.38	Water rates
Lock/key replacement	$650.50	Lock/key replacement
Bailiff's fees	$200.00	Bailiff's fees
Insurance excess for damaged main door	$2,500.00	Insurance excess for damaged main door
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,000.36
Total payable by Tenant to Landlord	$3,000.36

Order

The landlord’s name and identifying details including the exact tenancy address must not be published.
Alethea Skye Shackleton must [the landlord] $3,000.36 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $459.96 ([Bond number suppressed]) to [the landlord] immediately. DescriptionLandlord Water rates$89.38 Lock/key replacement$650.50 Bailiff's fees$200.00 Insurance excess for damaged main door$2,500.00 Filing fee reimbursement$20.44 Total award$3,460.32 Bond$459.96 Total payable by Tenant to Landlord$3,000.36

Reasons

The [property manager from the landlord’s agent] attended the hearing for the landlord’s agent.
The tenant did not attend. The hearing proceeded in the tenant’s absence.
The landlord has applied for water arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background
This decision follows on from the Tribunal’s earlier decision of 22 June 2023 in which the Tribunal ordered the tenant to compensate the landlord for damage to an oven door and a television. 1
In that case the learned adjudicator summarised the situation as follows:
The landlord has provided the Tribunal with detailed photographs of the property and a property inspection report pre-let to the tenant. The landlord has also provided the Tribunal with photographs from 25 May 2023, of the extensive damage caused throughout the entire apartment since the tenancy began.
The photographs of damage to the property were taken by the property manager on 25 May 2023 during a routine inspection. Every wall in the apartment had been smashed, punched in and gouges taken out. The television set that was hanging on the wall is smashed and the screen totally shattered. The glass oven door in the kitchen is smashed.
The damage is severe and encompass the entire apartment.
In this application, the landlord’s claim is focussed on its liability to the body corporate for the destruction of the apartment building’s main door, for which the landlord had to pay $2,500.00 to compensate the body corporate for its insurer’s excess. How much is owed for water rates and the bailiffs’ fees?
The landlord provided water rates invoices which prove the amount owing for water at the end of the tenancy.
The tenant did not comply with the Tribunal’s termination order. The landlord had to instruct the bailiffs to take back possession. The landlord had to pay the bailiffs a fee of $200.00. 1 [Landlord] v Alethea Skye Shackleton [2023] NZTT 4590189.

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

At the end of the tenancy the tenant must return all keys and security devices. 2
The tenant did not return the keys.
It cost the landlord $650.50 to remedy the situation.
The amount ordered is 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. 3
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. 4
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.
During the tenancy, the tenant, or persons at the premises with the tenant’s permission damaged the apartment building’s front door. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord had to pay the body corporate’s insurer’s excess of $2,500.00. The tenant must reimburse the landlord for that loss. Filing fee
Because the landlord has succeeded in its claim, the Tribunal orders the tenant to reimburse the landlord for the filing fee. 2 See Residential Tenancies Act 1986 (RTA), s40(1)(e). 3 RTA, ss 40(2)(a), 41, and 49B. 4 RTA, s 49B(1). Non-publication
The landlord applies for non-publication of their name and identifying details.
Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
I do not consider that publication is in the public interest or is justified because of the landlord’s conduct or any other circumstances of the case.

Tenancy Tribunal case 4666911 — Property damage

At a glance

Tenancy Tribunal case 4666911 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their 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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their 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

Frequently asked questions