What was Tenancy Tribunal case 4676431 about?

The tribunal order states: Sierra Taonga-O-Te Rangi Burgandy Lin Munro must pay [The landlord/s]

How much money was awarded in case 4676431?

Filing Fee: $20.44 awarded to landlord; Property Damage: $600.00 awarded to landlord; Painting: $2,800.00 awarded to landlord; Replace Furnishings: Blinds: $4,500.00 awarded to landlord

What type of tenancy dispute was case 4676431?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4676431?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9933497-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4676431 about?

The tribunal order states: Sierra Taonga-O-Te Rangi Burgandy Lin Munro must pay [The landlord/s]

How much money was awarded in case 4676431?

Filing Fee: $20.44 awarded to landlord; Property Damage: $600.00 awarded to landlord; Painting: $2,800.00 awarded to landlord; Replace Furnishings: Blinds: $4,500.00 awarded to landlord

What type of tenancy dispute was case 4676431?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 4676431?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9933497-Tribunal_Order_Redacted.pdf.

14 Melgran Avenue, Papakura, Papakura 2110 Tenancy Tribunal Case 4676431 — Property damage

Claims and awards in Tenancy Tribunal application 4676431 — net $6,270.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Blinds	$4,500.00	Replace furnishings: Blinds
Repairs: Painting	$2,800.00	Repairs: Painting
Lock/key replacement: garage door/ letter box and rubbish bin repair	$600.00	Lock/key replacement: garage door/ letter box and rubbish bin repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,270.44
Total payable by Tenant to Landlord	$6,270.44

Order

Sierra Taonga-O-Te Rangi Burgandy Lin Munro must pay [The landlord/s] $6,270.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,650.00 to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. The landlord attended in person and the tenant attended by telephone.
The property is a 6-bedroom townhouse in Papakura. The landlord lived in the property since it was built in 2021 until the tenancy began in July 2022. The tenant lived there together with another tenant and their young children for one year, after that the other tenant left and Ms Munro took over the whole property.
The tenant left the property in early August and the landlord obtained a possession order on the 29 August 2023. The landlord also applied for rent arrears to the possession date in TT 4655510 but the Adjudicator dismissed that claim as it was not proven.
Once a determination has been made in respect of a claim, then the parties cannot file another claim for the same amount under another application. The determination of the Tribunal is final. The landlord’s claim for rent has already been determined and therefore the claim for rent arrears is struck out.
The landlord’s other claims are: a) Blind replacement - $8190 plus GST. b) Repair and Painting of walls -$5175.00 c) Rubbish bin drawer repair, new garage door remote, letter box keys- $600.00
The tenant accepted liability for the rubbish bin drawer repair, new garage remote and locks for the letterbox. I have awarded the landlord $600.00 for those items.

Is the tenant responsible for damage to the blinds and paintwork?

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.
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 blinds:
The blinds at the property are slat blinds that have a beaded runner. The landlord installed these blinds in 2021 throughout the whole property at a cost of $4500.00. The landlord showed me photographs taken at the end of the tenancy which show the blinds are broken and damaged throughout the house. The runners have snapped and the blinds have twisted. In some cases, the blinds have been removed from the slats leaving gaps.
The tenant accepts liability for some of the damage but also says that the blinds easily broke, especially if the children pulled the blinds to shut them. These types of blinds are quite easily broken, and I accept that some of the damage might be wear and tear, especially with 2 adults and a number of small children living in the property, but I consider that the nature and extent of the damage in some rooms, particularly the living areas is more than wear and tear and therefore the tenant is liable.
The landlord replaced the blinds with 22 thermal roller blinds and 22 sunscreen blinds at a cost of $8,190.00. The landlord has not replaced ‘like with like’ blinds. I did not have any evidence of what the cost of replacing the blinds at like for like was. The tenant told me that she was told that there was only $100.00 in it, but I find it unlikely that the cost of the blinds has almost doubled in two years.
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.
I therefore award the landlord the amount of $4,500.00 as compensation for damage to the blinds. Repair and Painting of walls
The landlord seeks the cost of repainting the whole house. The landlord produced photographs and video of the paint work damage. The photos and videos show damage but some of that damage is what would be considered fair wear and tears given the age and number of people residing in the home. There are some areas such as the bedroom where the damage is consistent with the bed rubbing against the wall, that is wear and tear, the damage has resulted from the property is being used in a usual manner.
There are definitely areas where the paint has been damaged and holes in the walls have been caused intentionally or carelessly. The tenant is liable for the rectification of those areas. Having considered the evidence and depreciation, I have awarded the landlord $2800.00 towards the cost of painting.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression as requested.

Claims and awards in Tenancy Tribunal application 4676431 — net $6,270.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Blinds	$4,500.00	Replace furnishings: Blinds
Repairs: Painting	$2,800.00	Repairs: Painting
Lock/key replacement: garage door/ letter box and rubbish bin repair	$600.00	Lock/key replacement: garage door/ letter box and rubbish bin repair
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$6,270.44
Total payable by Tenant to Landlord	$6,270.44

Order

Sierra Taonga-O-Te Rangi Burgandy Lin Munro must pay [The landlord/s] $6,270.44 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,650.00 to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. The landlord attended in person and the tenant attended by telephone.
The property is a 6-bedroom townhouse in Papakura. The landlord lived in the property since it was built in 2021 until the tenancy began in July 2022. The tenant lived there together with another tenant and their young children for one year, after that the other tenant left and Ms Munro took over the whole property.
The tenant left the property in early August and the landlord obtained a possession order on the 29 August 2023. The landlord also applied for rent arrears to the possession date in TT 4655510 but the Adjudicator dismissed that claim as it was not proven.
Once a determination has been made in respect of a claim, then the parties cannot file another claim for the same amount under another application. The determination of the Tribunal is final. The landlord’s claim for rent has already been determined and therefore the claim for rent arrears is struck out.
The landlord’s other claims are: a) Blind replacement - $8190 plus GST. b) Repair and Painting of walls -$5175.00 c) Rubbish bin drawer repair, new garage door remote, letter box keys- $600.00
The tenant accepted liability for the rubbish bin drawer repair, new garage remote and locks for the letterbox. I have awarded the landlord $600.00 for those items.

Is the tenant responsible for damage to the blinds and paintwork?

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.
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 blinds:
The blinds at the property are slat blinds that have a beaded runner. The landlord installed these blinds in 2021 throughout the whole property at a cost of $4500.00. The landlord showed me photographs taken at the end of the tenancy which show the blinds are broken and damaged throughout the house. The runners have snapped and the blinds have twisted. In some cases, the blinds have been removed from the slats leaving gaps.
The tenant accepts liability for some of the damage but also says that the blinds easily broke, especially if the children pulled the blinds to shut them. These types of blinds are quite easily broken, and I accept that some of the damage might be wear and tear, especially with 2 adults and a number of small children living in the property, but I consider that the nature and extent of the damage in some rooms, particularly the living areas is more than wear and tear and therefore the tenant is liable.
The landlord replaced the blinds with 22 thermal roller blinds and 22 sunscreen blinds at a cost of $8,190.00. The landlord has not replaced ‘like with like’ blinds. I did not have any evidence of what the cost of replacing the blinds at like for like was. The tenant told me that she was told that there was only $100.00 in it, but I find it unlikely that the cost of the blinds has almost doubled in two years.
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.
I therefore award the landlord the amount of $4,500.00 as compensation for damage to the blinds. Repair and Painting of walls
The landlord seeks the cost of repainting the whole house. The landlord produced photographs and video of the paint work damage. The photos and videos show damage but some of that damage is what would be considered fair wear and tears given the age and number of people residing in the home. There are some areas such as the bedroom where the damage is consistent with the bed rubbing against the wall, that is wear and tear, the damage has resulted from the property is being used in a usual manner.
There are definitely areas where the paint has been damaged and holes in the walls have been caused intentionally or carelessly. The tenant is liable for the rectification of those areas. Having considered the evidence and depreciation, I have awarded the landlord $2800.00 towards the cost of painting.
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee and granted name suppression as requested.

Tenancy Tribunal case 4676431 — Property damage at 14 Melgran Avenue, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4676431 — Property damage at 14 Melgran Avenue, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for damage to the blinds and paintwork?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is the tenant responsible for damage to the blinds and paintwork?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions