How much money was awarded in case 4667309?

Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $300.00 awarded to landlord; Water Rates: $1,105.87 awarded to landlord

What type of tenancy dispute was case 4667309?

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

Where can I read the official tribunal order for case 4667309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10143932-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4667309?

Filing Fee: $20.44 awarded to landlord; Property Damage: $500.00 awarded to landlord; Rent Arrears: $300.00 awarded to landlord; Water Rates: $1,105.87 awarded to landlord

What type of tenancy dispute was case 4667309?

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

Where can I read the official tribunal order for case 4667309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10143932-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 3, 20 Alexander Street, Papakura, Papakura Tenancy Tribunal Case 4667309 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4667309?

The tribunal order states: Niko Lee Hang and Lucia Elaine Letoa Lee Hang to pay Shelter Realty Limited

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Order

Claims and awards in Tenancy Tribunal application 4667309 — net $1,926.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 July 2023	$300.00	Rent arrears to 16 July 2023
Water rates	$1,105.87	Water rates
Repairs	$500.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,926.31
Bond	$2,120.00
Total payable by Tenant to Landlord	$1,926.31

Niko Lee Hang and Lucia Elaine Letoa Lee Hang to pay Shelter Realty Limited $1,926.31 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,120.00 (6312120-001) immediately apportioned as follows: Shelter Realty Limited: $1,926.31 Niko Lee Hang and Lucia Elaine Letoa Lee Hang: $193.69

Reasons

Both parties attended the hearing.

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

How much is owed for rent and water rates?

The tenancy ended on 16 July 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The landlord has reduced the rent arrears by $500.00 to compensate the tenants for the dishwasher that they purchased during the tenancy, and which was left at the premises when they vacated.

At the hearing the tenants referred to three floods that occurred during the tenancy and to the water wasted from the floods. The tenants have not filed an application seeking compensation in relation to the floods (which may have included compensation for water, power and loss of amenity). The tenants also indicated that they did not intend to file an application in the future if the costs awarded against them were covered by the bond.

On the evidence, the water invoices cover the water used during the tenancy so that amount is awarded.

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 careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

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

The tenant acknowledged causing damage to the wardrobe door. The damage to that door and to the bedroom door appears to have been repaired by the landlord’s contractor. The landlord had a quote for replacement of the doors but instead the landlord has carried out repairs to the doors. The premises have been tenanted with the original doors.

The tenant also acknowledged accidentally causing damage to the weatherboards when they moved into the premises. Their evidence is that the landlord was advised of this damage and there was a request for the damage to be repaired but during the four-year tenancy it was not repaired. I accept that the damage was caused by the tenants and was caused carelessly.

I have awarded the landlord $500.00 toward the damage to the weatherboards and doors.

The landlord claimed further compensation for repairs which I have not allowed. The landlord sought that the tenant be responsible for window stays that appear slightly bent. The windows on this property would be at least 40 years old and it is likely that the window stays are also that age. I consider that the age and quality of the window stays mean that this damage is due to wear and tear.

The landlord claimed for an interior wall with shelving that was removed from the garage. The tenant’s evidence is that this wallboard fell during bad weather when they were not home, and the landlord was advised of this. I note from the photograph that the edge of the wallboard is not attached to the framing timber. I accept the tenant’s explanation and therefore they are not liable for that damage.

The landlord claimed for the repair of a glass shelf in the shower. The tenant’s evidence is that the shelf fell while the shower was being used. Again, the tenant reported the damage to the landlord and was concerned about the quality of the shelf and whether it was safe. At the end of the tenancy the glass was given to the Property Manager to be put back in place. The tenants are not liable for this damage and the cost of repair would have been negligible.

Because Shelter Realty Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4667309 — net $1,926.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 16 July 2023	$300.00	Rent arrears to 16 July 2023
Water rates	$1,105.87	Water rates
Repairs	$500.00	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,926.31
Bond	$2,120.00
Total payable by Tenant to Landlord	$1,926.31

Niko Lee Hang and Lucia Elaine Letoa Lee Hang to pay Shelter Realty Limited $1,926.31 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,120.00 (6312120-001) immediately apportioned as follows: Shelter Realty Limited: $1,926.31 Niko Lee Hang and Lucia Elaine Letoa Lee Hang: $193.69

Reasons

Both parties attended the hearing.

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

How much is owed for rent and water rates?

The tenancy ended on 16 July 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The landlord has reduced the rent arrears by $500.00 to compensate the tenants for the dishwasher that they purchased during the tenancy, and which was left at the premises when they vacated.

On the evidence, the water invoices cover the water used during the tenancy so that amount is awarded.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: door damage and weatherboard damage. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I have awarded the landlord $500.00 toward the damage to the weatherboards and doors.

Because Shelter Realty Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4667309 — Property damage at Unit/Flat Flat 3, 20 Alexander Street, Papakura, Papakura

At a glance

Tenancy Tribunal case 4667309 — Property damage at Unit/Flat Flat 3, 20 Alexander Street, Papakura, Papakura

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions